Fair Work (Registered Organisations) Act 2009

Section 6 defines organisation as one registered under the Act, office by reference to section 9, officer as a person holding office including designated officers under Part 3 of Chapter 8, reporting unit by reference to section 242, related party by reference to section 9B, collective body as the committee of management or other body within the organisation or branch, committee of management as the group managing affairs or responsible for Part 3 of Chapter 8 compliance, eligibility rules as those relating to membership conditions or industry description, financial records as registers and documents relating to finances, financial year as the 12-month period from 1 July or as provided by rules, irregularity in an election or ballot as including rule breaches, prevention of full voting or correct result ascertainment and contraventions of section 190, and prescribed as including Fair Work Commission procedural rules under section 609 of the Fair Work Act. Section 9 defines office to include president, vice-president, secretary, assistant secretary, voting members of collective bodies with management or policy power, offices entitling direct participation in those functions and offices holding property. Section 9A defines federal counterpart for a State or Territory registered association. Section 9B defines related party to include controlled entities, officers and spouses, relatives, entities controlled by other related parties, entities related in the prior six months and entities acting in concert on financial benefit understandings, with subsection 9B(8) applying the section to branches.

Section 361 defines amalgamation in Part 3 as arrangements for non-corporate registration of a branch under a prescribed State Act with transfer of members and property to the branch fund, and associated body as a State-registered association composed of substantially the same members and officers as a branch. Section 318 defines invalidity to include nullity from omissions, defects, errors, irregularities, absence of quorum or issues with elections, appointments or rule-making participation. Section 93 defines amalgamated organisation, constituent part, separately identifiable constituent part, withdrawal day and instrument to which Part 3 applies. Section 212 defines prescribed offence to include fraud or dishonesty offences punishable by three or more months imprisonment, specified Act offences including sections 51, 72, 105, 185, 191, 193(2), 194, 195, 199, 202(5), 290A and 337BE, offences relating to association formation, registration or management, and intentional violence, death, injury or property damage offences. Section 242 defines reporting unit as the whole organisation or branch or an alternative basis certified by the General Manager. Section 361 defines State as a prescribed State. Key concepts also include civil penalty provision as a subsection or section marked Civil penalty under section 305(2), serious contravention, branch fund comprising entrance fees, subscriptions, investment income and benefit funds under branch control, and scheme for administration as a legislative instrument under section 323B.

The Act affects organisations registered under it, their branches, reporting units, committees of management, officers, employees, members and former members within 12 months for election inquiries under section 200. It affects federally registrable associations applying under section 18, enterprise associations under section 18C, and State-registered associations with federal counterparts under section 9A. It affects the General Manager, Fair Work Commission, Federal Court, Australian Electoral Commission, registered auditors and infringement officers appointed under section 316B. It affects employers and employees in federal system matters through definitions in sections 13 and 14 of the Fair Work Act, independent contractors, and persons dealing with organisations in amalgamation or withdrawal contexts. It affects removed persons under the CFMEU scheme in sections 323MA to 323MD. It affects peak councils in representation order proceedings under section 137C and creditors or persons with sufficient interest in validation or invalidity applications under sections 90, 91, 109, 128, 129, 321 and 322. The Act binds the Crown but imposes no criminal liability on it. It affects public sector employers acting through prescribed employing authorities under section 353 and treasurers of unincorporated clubs treated as employers under section 354. State or Territory courts with limited jurisdiction are taken to have full jurisdiction under section 352.

Organisations must maintain rules making provision for committee powers, meeting procedures, minute books, office removal, member control, document execution, dispute notification, membership terms, resignation under section 174, property and fund control, audits, expenditure policies, member registers and rule alteration under section 141. Rules must not be contrary to the Act, Fair Work Act, modern awards or enterprise agreements, must not impose oppressive, unreasonable or unjust conditions having regard to section 5 objects, and must not discriminate on listed grounds under section 142. Election rules must provide for direct voting or collegiate systems, independent returning officers, secret ballots, scrutineers and terms not exceeding four years under section 143, with postal ballots required unless exempted under section 144. Reporting units must keep proper financial records enabling general purpose financial reports and audits, retain them for seven years under section 252, prepare general purpose financial reports giving a true and fair view under Australian Accounting Standards under section 253, and prepare operating reports reviewing activities, changes and resignation rights under section 254. Officers must exercise care and diligence of a reasonable person in the organisation's circumstances under section 285, with a business judgment rule, act in good faith for best interests and proper purpose under section 286, and not improperly use position or information under sections 287 and 288. Officers with financial duties must undertake approved training within six months under section 293K. Officers must disclose remuneration from boards or related parties under sections 293B to 293BB, material personal interests under section 293C, and payments to related parties under section 293G. Organisations must keep registers of members and offices under section 230, lodge annual declarations and copies under section 233, lodge statements of loans, grants and donations over $1,000 under section 237, and provide full or concise reports to members within five or six months under section 265. Members have rights to request copies of registers under section 236, inspect books for legal proceedings under section 280, and apply for inquiries into elections under section 200 or investigations under section 333. The General Manager must promote efficient management and accountability under section 329A and may inquire into compliance under section 330 or investigate on reasonable grounds under section 331. Administrators under the CFMEU scheme must establish complaints procedures under section 323HA, control property and affairs under section 323K, and report to the Minister under section 323T. Organisations must supply members on written request with copies of rules, amendments or office-holder lists lodged under section 233(1) within the requested period (minimum 14 days) free of charge, or inform of internet availability under section 347. They must maintain member registers with names, postal addresses and agreement status, office lists and holder details, updating within 28 days under section 230, retain 31 December registers for seven years under section 231, lodge annual secretary declarations on register maintenance and certified office records under section 233, and lodge statements of loans, grants and donations over $1,000 within 90 days under section 237. Elections for office require direct voting or one-tier collegiate systems, secret ballots (postal unless exempted), independent returning officers and maximum four-year terms under sections 143 to 146. Organisations must preserve ballot papers, envelopes and lists for one year under section 199, ensure auditor access and reports under sections 257 to 262, prepare and present general purpose financial reports and operating reports under sections 253 to 254, and provide full or concise reports to members under section 265. Officers must disclose Board or related party remuneration under section 293B, material personal interests under section 293C and top-five relevant remuneration under section 293BC, with standing notices permitted. Members hold rights to inspect books for good faith legal proceedings under section 280, apply for election inquiries under section 200 and seek declarations on membership entitlement under section 167. The General Manager may inspect records under section 235 and direct register copies under section 236. For amalgamations, committees must pass resolutions proposing schemes, with outlines not exceeding 3,000 words under section 95 for withdrawals. In complementary systems, branch rules must establish branch funds and autonomy in branch-only matters under sections 362 and 364.

Civil penalty provisions are enforceable in the Federal Court under section 305, with pecuniary penalties up to five times for bodies corporate under section 306, compensation orders under section 307, disqualification orders under section 307A and other orders including injunctions under section 308. Section 316A lists 64 provisions subject to infringement notices under Part 5 of the Regulatory Powers Act, including subsections 51(2), 52(1), 95(3C), 103(2), 104(1), section 169, subsections 172(1), 189(2), 191(2), 192(1), 193(2), 198(1), (4), (5), 199(3), (5), 230(1), (2), 231(1), (2), 233(1), (2), 235(2), 236(1), (2), 237(1), 253(4), 254(4), 256(1), (3), (4), (4A), (5), (6A), 256A(1), section 259, subsections 263(5), 264(3), 265(1), (4), (5), 266(1), section 268, subsections 270(4) to (7), 272(3), (5), 276(1), (2), 293B(1), (2), 293C(2), (3), (6), (7), 293F(1), (2), 293J(1), (2), 293K(2), 337AA(1), (2), with the General Manager as relevant chief executive and delegation to Fair Work Commission SES staff. Section 316C makes all provisions enforceable under Part 6 of the Regulatory Powers Act, with the General Manager as authorised person and publication of undertakings permitted on the Fair Work Commission website. Criminal offences include obstruction of auditors under section 258, ballot offences under section 105, non-compliance with investigation requirements under sections 337 to 337AE, reprisals under section 337BD, and conduct preventing CFMEU scheme actions under section 323P with penalties of 600 penalty units civil or two years imprisonment or 3,000 penalty units criminal. Disqualification from office applies for five years from conviction, end of suspended sentence or release for prescribed offences under section 213A, with leave applications under sections 216 and 217. Costs orders are limited to vexatious or unreasonable proceedings under section 329. The General Manager may issue rectification notices or apply for civil penalty orders following investigations under section 336. Pecuniary penalties up to 5 times the specified amount for bodies corporate apply under section 306, payable to the Commonwealth and enforceable as judgment debts. Compensation orders are available for damage (including profits) from contraventions in Part 2 or 3 of Chapter 9, subject to reasonable steps taken for Part 3 under section 307. Disqualification orders for appropriate periods where justified apply under section 307A. Other orders include injunctions (interim or final) and compliance directions under section 308. Infringement notices apply to 64 listed provisions and prescribed strict liability or civil penalty provisions under section 316A, with the General Manager as infringement officer and chief executive, delegable to SES employees. Enforceable undertakings under Regulatory Powers Act Part 6 apply to all provisions, with publication on the Fair Work Commission website permitted under section 316C. Strict liability offences include 20 penalty units for register interference under section 232 or false money collection representations under section 350, 30 penalty units for ballot interference or hindering under sections 72, 105, 202(5), and 100 penalty units for non-compliance with investigation notices under section 335. Criminal offences include two years imprisonment or 3,000 penalty units for anti-avoidance in CFMEU administration under section 323P and 2,000 penalty units or five years for reckless or dishonest officer conduct under section 290A. No court may direct imprisonment for fines or pecuniary penalties under section 351. Penalties and costs are enforceable as judgments via General Manager certificate under section 357. The Federal Court may order compensation, injunctions, reinstatement and exemplary damages for whistleblower reprisals under section 337BB. Civil penalties of 60 penalty units apply for failing to provide rules or lists under section 347, failing to update registers or lodge declarations under sections 230 to 233, non-availability of records under section 235, and unauthorised disclosure of inspection information under section 276. Penalties of 100 penalty units apply for false or reckless statements in declarations under section 233, loans statements under section 237 and operating reports under section 254, with 200 penalty units for auditor non-compliance under section 257 or removal without notice under section 263. Serious contraventions of officer duties under sections 285 to 288 attract up to 1,200 penalty units. Offences of 30 penalty units (strict liability for some) apply for interference with registers under section 232, hindering auditors under section 258, ballot interference, impersonation, destruction or alteration of papers, threats, bribes, secrecy breaches under section 105, and hindering or obstructing Australian Electoral Commission officials under section 103. Civil penalties of 600 penalty units apply for non-compliance with administrator notices under section 323L and anti-avoidance conduct preventing scheme action under section 323P. Criminal offences of imprisonment for 2 years or 3,000 penalty units apply for anti-avoidance with sole or dominant purpose under section 323P(5). Court may relieve from liability where honest and fair to excuse under sections 315 to 316. Evidence from civil proceedings generally inadmissible in related criminal proceedings against individuals under section 311.

Section 5A binds the Crown in each capacity but does not make the Crown liable to prosecution. Section 15 disapplies Part 2.5 of the Criminal Code, with corporate responsibility addressed by section 344. Section 16 provides that references to contravention include the underlying conduct provision. Definitions of federal system employee and employer cross-refer to sections 13 and 14 of the Fair Work Act with extensions. Section 80 provides that Division 6 of Part 2 of Chapter 3 applies despite the Fair Work Act, other Commonwealth, State or Territory laws or contracts. Section 117 provides that Division 3 of Part 3 of Chapter 3 applies despite contrary laws or contracts. Section 323F provides that the CFMEU scheme has effect despite the Act, Fair Work Act Part 2-4 and CFMEU rules. Section 363 requires the Fair Work Commission to have regard to associated bodies under prescribed State Acts when considering name or eligibility rule changes. Section 365 permits branches to become registered under State law without incorporation. Section 113A extends coverage of post-withdrawal enterprise agreements for five years. Section 323R excludes Fair Work Act section 604 appeals from most Part 2A decisions. Section 338 confers exclusive Federal Court jurisdiction in specified matters. Section 329G permits disclosure of information to assist Commonwealth, State or Territory law administration or enforcement. The Act interacts with the Fair Work Act through continued coverage of modern awards, orders and enterprise agreements on amalgamation or withdrawal under sections 76 and 113, representation in Fair Work Division proceedings under section 353A, and consistency requirements for rule alterations under section 142. Regulatory Powers Act Parts 5 and 6 apply for infringement notices and undertakings under sections 316A and 316C, with relevant courts including the Federal Court, Federal Circuit and Family Court (Division 2) and State or Territory courts. The Crimes Act 1914 Part VIIC on spent convictions is preserved under sections 220 and 323ME. State Acts govern associated bodies in complementary registration under Part 7, with notice to State industrial registrars for eligibility alterations under section 363 and branch autonomy for State workplace relations participation under section 364. The Minister may intervene in proceedings in the public interest under section 351 and determine CFMEU administration schemes prevailing over the Act, Fair Work Act Part 2-4 and CFMEU rules under section 323F. Fair Work Commission powers under Part 7 and Chapter 3 are exercisable only by the President, a Vice President or a Deputy President under sections 368 and 108A. Certificates of membership or office lists are evidence in all courts under sections 348 to 349. Part 4A is not intended to exclude or limit concurrent State or Territory laws under section 337DB and does not affect legal professional privilege under section 337DC or limit investigative powers or obligations under other Commonwealth laws under section 337DD(1) to (2). The scheme actions have effect despite Act, Fair Work Act Part 2-4 and CFMEU rules under section 323F. Amalgamation and withdrawal provisions apply despite Fair Work Act, other Commonwealth, State or Territory laws, contracts or agreements, with no breach of contract or civil wrong created and consent deemed given under sections 80 and 117. Federal Court jurisdiction is exclusive for specified pecuniary penalty and other matters under section 339(1) to (2), exercised in the Fair Work Division where applications are made under the Act or writs or declarations are sought under section 339A. State or Territory courts with limited jurisdiction are taken to have statewide jurisdiction, with adjournment possible to competent courts under section 352. Representation in Fair Work Division proceedings is available to organisations by members, officers or employees and to others by affiliated organisation representatives under section 353A. The Regulatory Powers Act applies for infringement notices (Part 5) and enforceable undertakings (Part 6) under sections 316A and 316C. Complementary registration systems operate alongside prescribed State Acts for non-corporate registration under sections 360 to 368. Spent convictions schemes are unaffected under sections 220 and 323ME. Minister intervention is permitted in proceedings on public interest grounds under section 351A. Regulations may impose payroll deduction requirements on the Commonwealth and constitutional corporations under section 359(3) to (4). Part 4A prevails over other Commonwealth laws unless a later provision expressly overrides it under section 337BG. It does not exclude or limit concurrent State or Territory law under section 337DB and preserves legal professional privilege under section 337DC. Jurisdiction interacts with the Fair Work Act via exclusive Federal Court jurisdiction for specified matters under section 339, Fair Work Division exercise under section 339A, representation in Fair Work Division proceedings under section 353A, and cross-references to Fair Work Act section 608 for law questions. The Regulatory Powers Act applies to infringement notices under section 316A and enforceable undertakings under section 316C. The Crimes Act 1914 spent convictions scheme is preserved under section 220. The Criminal Code applies to false statements with exceptions for investigation immunity under section 337CE. Attribution of conduct to bodies corporate follows actual or apparent authority under section 344. Regulations may prescribe fees, penalties up to 10 units for offences and 25 or 5 units for civil penalty provisions, and payroll deduction requirements under section 359. Part 7 of Chapter 11 applies complementary systems for organisations with branches in prescribed States amalgamating with associated bodies under sections 360 to 368.

The source material does not detail specific recent changes or the reasons for them. The Act includes provisions for the administration of the CFMEU Construction and General Division and branches under Part 2A of Chapter 11, which place the Division and its branches under an administrator appointed by the General Manager in accordance with a scheme determined by the Minister as a legislative instrument. The scheme covers officer suspension or removal, elections, disciplinary actions including expulsion and up to five-year disqualification, rule alterations, reporting, delegation, engagement of assistance, cooperation with inquiries, and ancillary matters. The scheme and actions prevail over the Act, Fair Work Act Part 2-4 and CFMEU rules under section 323F. The administrator must establish a complaints procedure for improper, unlawful or criminal conduct with referral and whistleblower protection under section 323HA. Removed persons are barred from office or employment without fit-and-proper-person certificates under sections 323MA to 323MD. Anti-avoidance provisions carry civil penalties of 600 units and criminal offences of imprisonment up to two years or 3,000 units under section 323P. The administrator reports to the Minister every six months, with reports tabled in Parliament under section 323T. Infringement notice and enforceable undertaking mechanisms under sections 316A to 316C were aligned with the Regulatory Powers Act to streamline enforcement for listed civil penalty provisions. Whistleblower protections under Part 4A were expanded to cover disclosures concerning contraventions of the Act, Fair Work Act or Competition and Consumer Act, with 90-day investigation timeframes and compensation orders.

The source material does not name any specific court challenges or controversies. The Federal Court may determine invalidities in amalgamations or withdrawals and make rectification or validation orders only where no substantial injustice results under sections 91 and 129. Applications for substantial injustice declarations under sections 90 and 128 may be made by organisations, members or persons with sufficient interest. Election inquiries proceed on the balance of probabilities with interim orders possible under sections 206 and 204, and disqualification applications consider offence nature, character and fitness for management under section 218. The Court must not declare an election void unless satisfied the irregularity may have affected the result under section 206(5). The Court may declare that sections 319 or 320 do not apply to an act causing substantial injustice to the organisation, members, creditors or persons dealing with it under section 321. The Court may determine whether invalidity has occurred in management, election, appointment or rule-making and make declarations and orders to rectify it, modify consequences or validate acts, without substantial injustice under section 322. The Court may declare a branch or part or collective body ceased to exist or function effectively with no effective reconstitution means, or office vacant with no effective filling means under section 323, and may approve a scheme for reconstitution, effective functioning or filling under section 323(2), with no order causing substantial injustice under section 323(4). The Court may resolve difficulties arising from application of Division 6 to a particular matter under section 87. The Court may resolve difficulties under section 125 for withdrawal provisions. The Court may grant leave for persons convicted of prescribed offences to hold office, considering the nature of the offence, circumstances and involvement, general character, fitness for management and other relevant matters under section 218. Only one application per conviction is permitted under sections 216(4) and 217(4). The Court may make orders giving effect to declarations under section 219, with affected persons and organisations given an opportunity to be heard.

Section 319 validates good faith acts by collective bodies or office-holders despite later-discovered invalidities in elections, appointments or rules, with good faith presumed until proved otherwise and knowledge of facts not treated as knowledge of invalidity. Section 320 deems acts, elections, appointments or rule changes compliant with rules after four years, subject to prior court orders. Section 321 permits the Federal Court to declare section 319 or 320 inapplicable where substantial injustice would result. Section 322 empowers the Federal Court to declare invalidities and make rectifying orders provided no substantial injustice. Section 90 and section 128 permit declarations that section 88 or 89 or section 126 or 127 do not apply where substantial injustice would result. Section 206 requires the Court not to declare an election void unless satisfied the irregularity may have affected the result. Section 215 causes office-holders convicted of prescribed offences to cease office after 28 days unless a leave application is made, with cessation after three months if undetermined. Section 323D bars ending CFMEU branch administration or full revocation before the third anniversary unless the administrator certifies lawful and effective functioning. Section 323MB prohibits removed persons from standing for or holding office or being employed without a certificate, with civil penalty of 600 penalty units. Section 323R excludes most appeals from Part 2A decisions. Section 329 limits costs orders to vexatious or unreasonable proceedings. Section 316A(7) disregards serious contravention penalties when stating amounts in infringement notices. Strict liability offences for document preservation under section 199, notice compliance under section 202(5) and register interference under section 232 carry reasonable excuse defences with evidential burden on the defendant. Four-year validation of acts under sections 89 and 320 does not affect pre-existing court orders and may be displaced by substantial injustice declarations. Trade secret or financial position information in Federal Court or Fair Work Commission proceedings may be protected by non-publication directions, with private evidence on request under section 356. Withdrawal ballot applications are limited to the period two to five years after amalgamation under section 94, with no repeat applications within 12 months of rejection. Reduced reporting obligations apply for low-income units under $100,000 under section 270 or substantial common membership with State bodies under section 269, but full reports remain available on request. Office-holders convicted of prescribed offences cease after 28 days unless leave applications are made, with extensions only on timely filings under section 215. Self-incrimination does not excuse production but confers use immunity in investigations under section 202(8) and audits under section 258. For CFMEU administration, removed persons require Fair Work Commission fit-and-proper certificates for future office or employment, considering conduct and convictions under sections 323MC to 323MD. Non-financial members are excluded from withdrawal ballots under section 94(5) and certain voting under section 101. Natural justice hearing rule does not apply to CFMEU scheme determinations or variations under sections 323B(4) and 323D(3). Evidential burden on removed persons for certificate exceptions under section 323MB and on defendants for reasonable excuse defences in strict liability offences. Time limits are strict: allocation of disclosures within 14 days under section 337C, investigation completion within 90 days under section 337CB, response to adverse reports within 30 days under section 198, lodgement of reports within 14 days under section 268, and applications for withdrawal ballots between 2 and 5 years after amalgamation under section 94. Failure to complete investigations within time does not affect validity under section 337CB(5). After 4 years, acts are deemed compliant but prior judicial acts remain unaffected under sections 320(2), 89(2) and 127(2). Invalidity in outlines or schemes is treated as discovered only when known to a majority of the committee under sections 319(4), 88(2) and 126(2). Removed persons bear the evidential burden in proceedings for office or employment without certificates under section 323MB(5). Self-incrimination does not excuse production but derivative use immunity applies under section 202(8) to (9). Rules must not prevent compliance with awards or agreements under section 142(1). Fair Work Commission powers under complementary registration and certain rule matters are exercisable only by presidential members under sections 368 and 138. Multiple creditors may issue separate enforcement processes under section 358(3). Administrator actions continue despite sunset or end of administration under section 323G(1). Non-delegable provisions are exhaustively listed in section 343A(2) and certain powers may be delegated only to SES employees or persons with substantial accounting or auditing experience under section 343A(3), (3A). Strict liability applies to several offences including non-compliance with notices under section 202(5) and section 103(2) and failure to return identity cards under section 203(6). Time limits include 28 days for office holders to apply for leave from disqualification under section 215(2), 14 days minimum for document production notices under sections 202 and 335, and 30 days for inquiries into ballot irregularities under section 108. Validation after four years under sections 320, 89 and 127 and good faith presumptions under sections 319, 88 and 126 do not apply where substantial injustice is found under sections 321, 90 and 128. Second applications for leave from the same conviction are barred under sections 216(4) and 217(4). Withdrawal ballot outlines must be fair and accurate and address asset and liability apportionment under section 95. Natural justice hearing rule requirements do not apply to Minister determinations of administration schemes under sections 323B(4) and 323D(3). Self-incrimination does not excuse production but use immunity applies in election inquiries and some investigations under sections 202 and 335. Substantial injustice bars apply to validation, rectification and administration orders under sections 322, 323, 91 and 129. Contravention of standing notice or material personal interest provisions does not affect validity of any act, transaction, agreement, instrument, resolution or other thing under sections 293D(7) and 293F(5). Small amounts (total not exceeding prescribed amount, disregarding repayments and other exceptions) and arm's-length payments are excluded from related party disclosure under section 293G(4) to (5D). Only financial constituent members or prescribed class vote in withdrawal ballots under section 101. Non-financial members are excluded from withdrawal applications and voting under sections 94(5) and 109(4). Exemptions from ballot apply if new members are 25 per cent or less of applicant's members unless special circumstances warrant refusal under section 63. Court orders for withdrawal apportionment must regard pre-deregistration position, changes since amalgamation, outline proposal, member proportion if separately identifiable, and creditor interests under section 109(2). Validation of good-faith acts applies to acts before registration and does not validate expulsion, suspension or penalties on members under section 319(6) to (7). The General Manager may revoke alternative disclosure orders on specified grounds after opportunity to show cause under section 293H(6). Powers under Part 5 and Chapter 2 are exercisable only by the President, a Vice President or a Deputy President under sections 33 and 368. Good faith is presumed until proved otherwise, and knowledge of facts giving rise to invalidity is not knowledge of the invalidity under sections 319(4) and 88. After 4 years from the act, election, appointment or rule-making, compliance with rules is presumed under section 320, subject to prior court orders. Non-financial constituent members are taken not to be constituent members for ballot applications and Court applications under sections 94(5) and 109. Applications for withdrawal ballots may be made only where the amalgamation occurred at least 2 years but not more than 5 years earlier, and no prior rejection or unsuccessful ballot in the last 12 months under section 94. Strict liability applies to contraventions of notice requirements under sections 202(6) and 203, with reasonable excuse defences and evidential burdens in specified provisions under sections 323L(4) to (5) and 323P(3) to (4). Time limits include 28 days for register updates under section 230, at least 14 days for notices under sections 202(4) and 323L(2), 35 days (or longer allowed) for lodgement of rule alterations under the administration scheme under section 323H(3), and 90 days (or longer allowed) for certain exemption applications under section 271. The 5-year exclusion period runs from the latest of conviction, end of suspended sentence without imprisonment, or release from prison under section 213A. Administrator actions continue after administration ends despite section 323E and the Act or rules under section 323G(1). Rule alterations under the scheme are not subject to section 159 under section 323H(2). The Fair Work Commission must give notice to the relevant State industrial registrar or officer for eligibility alterations affecting a State-registered branch and consult if requested under section 363. Non-delegable provisions are exhaustively listed in section 343A(2) and certain powers may be delegated only to SES employees or persons with substantial accounting or auditing experience under section 343A(3), (3A). Member voting and information rights under sections 345 and 346 exclude protected action ballots under Division 8 of Part 3-3 of the Fair Work Act. Validation under sections 319 and 320 is subject to prior court orders and does not apply to member expulsions, suspensions or penalties. CFMEU removed persons require Fair Work Commission certificates based on fit and proper person assessment considering removal reasons, convictions for fraud, dishonesty, violence or property damage, character and management fitness, with bars where disqualified under subsection 215(1). Withdrawal ballot applications are limited to the period between two and five years after the constituent part became part of the amalgamated organisation, with no application if rejected in the prior 12 months. Fair Work Commission powers under Part 7 are exercisable only by the President, a Vice President or a Deputy President. Inquiries into irregularities in withdrawal ballots must be made within 30 days of result declaration. Administrator remuneration is determined by the General Manager having regard to period, complexity and time, without timesheet requirements in some cases. Section 604 of the Fair Work Act does not apply to decisions under the CFMEU Part except certificates.

Maintain rules compliant with sections 140 to 142A, including election provisions under sections 143 to 147 and expenditure policies. Keep and update registers of members and offices within 28 days under section 230, lodge annual declarations and copies under section 233, and lodge statements of loans, grants and donations over $1,000 within 90 days under section 237. Prepare and lodge general purpose financial reports and operating reports under sections 253 and 254, with audits by registered auditors under sections 255A to 255N. Provide reports to members within five or six months and lodge with the Fair Work Commission within 14 days under sections 265 and 268. Ensure officers complete approved financial training under section 293K and make required disclosures under sections 293B to 293J. Establish and maintain complaints procedures under section 323HA where applicable. Respond to information or document requirements within specified periods, such as 14 days under section 335 or seven days under section 103. Apply for Fair Work Commission or Federal Court orders or certificates where required, such as for leave under sections 216 or 217 or fit and proper certificates under sections 323MC or 323MD. Monitor for irregularities in elections and ballots and apply for inquiries within 30 days under section 108 or section 200. Ensure amalgamation or withdrawal proposals include fair and accurate outlines addressing asset and liability apportionment under sections 95 and 109. Maintain member registers and office records at the organisation or branch office (or approved premises under General Manager permission) with updates within 28 days and seven-year retention of annual copies under sections 230 to 231, 234. Respond to member written requests for rules or lists within the specified period (minimum 14 days) free of charge, informing of internet availability where applicable under section 347. Conduct elections via Australian Electoral Commission unless exempted, preserving documents for one year and lodging prescribed information before the prescribed day under sections 182 to 189, 199. Prepare and audit general purpose financial reports and operating reports per General Manager guidelines, presenting to meetings within six months and lodging within 14 days with certificates under sections 253 to 254, 266, 268. Ensure officers disclose remuneration, interests and related party payments annually, with standing notices and training within six months under sections 293B to 293C, 293F. For amalgamations or withdrawals, obtain committee resolutions, lodge schemes and outlines not exceeding 3,000 words, conduct Australian Electoral Commission postal ballots and seek Federal Court orders for asset apportionment where required under sections 40 to 70, 94 to 109. In complementary systems, amend branch rules for branch funds and autonomy before applying for Fair Work Commission approval under sections 362 to 367. Appoint registered auditors, provide access and forward meeting notices under sections 256 to 259. Establish complaints procedures for CFMEU administration if applicable and cooperate with General Manager investigations under sections 323HA, 335. Seek General Manager certification for rule alterations and alternative reporting units under sections 156, 245. Use model rules for expenditure and elections where issued under sections 142A, 147. Maintain accurate registers and financial records for 7 years, lodge annual statements and reports within prescribed periods (90 days for loans, grants and donations, 5 months for member reports), ensure Australian Electoral Commission-conducted elections comply with rules while allowing necessary directions to prevent irregularities, respond to Australian Electoral Commission post-election reports within 30 days on difficult rules, preserve ballot documents for 1 year, obtain fit-and-proper certificates before employing removed persons, establish complaints procedures and cooperate with administrators, seek Court leave for prescribed-offence convictions before candidature or within 28 days of office-holder conviction, provide outlines and yes or no cases in withdrawal ballots, and ensure amalgamation schemes address asset and liability apportionment. Delegate only in accordance with non-delegable lists under section 343A(2) to (3B). For CFMEU administration, comply with notices within at least 14 days and retain funds only for authorised payments. Use plain English in orders and publish as required. Maintain and update member registers and office lists within 28 days, lodge annual declarations and certified copies, and retain records for 7 years under sections 230 to 234. Prepare financial records on cash or accrual basis, general purpose reports under Australian Accounting Standards, and operating reports, and appoint registered auditors with rotation compliance under sections 252 to 256A. Respond in writing within 30 days to post-election reports on difficult rules and make extracts and responses available to members via journal, Fair Work Commission lodgement or newspaper under section 198(1) to (6). Preserve ballot papers, envelopes and lists for one year under section 199(1) to (2). Ensure rules provide for required matters including election procedures, expenditure policies and member information on obligations under sections 140 to 143, 141(1)(ca), (d), and seek General Manager certification or Fair Work Commission consent for alterations under sections 156 to 161. For elections, lodge prescribed information before the prescribed day under section 189(1) to (2) or apply for exemption with resolution and member notification under section 183(1) to (3). Disclose officer remuneration, material personal interests and related party payments, and complete approved financial training under sections 293B to 293C, 293G, 293J, 293K. Cooperate with General Manager inquiries or investigations by providing information and documents under sections 330 to 333. For CFMEU administration, comply with administrator requirements for documents or assistance within 14 days and establish complaints procedures under sections 323L, 323HA. In amalgamation or withdrawal processes, pass committee resolutions, lodge outlines and cases, and ensure fair and accurate proposals under sections 94 to 98, 366 to 367. Seek Court leave for disqualified persons within time limits and consider nature of offence, circumstances, character and fitness under sections 216 to 218. File General Manager certificates for enforcement of penalties or costs under section 358. Delegate only within permitted limits and ensure delegates comply with directions under section 343A(4). Ensure branch rules provide for branch funds managed and controlled under branch rules and for branch autonomy in member-only matters and State system participation under sections 362, 364. Maintain member registers with required details and updates within 28 days, retain annual copies for 7 years, lodge annual declarations and office records, and lodge statements of loans, grants and donations over $1,000 with prescribed particulars under sections 230 to 233, 237. Prepare and lodge general purpose financial reports per Australian Accounting Standards and operating reports, appoint registered auditors meeting qualification and fit and proper requirements, ensure auditor access and reporting, provide full or concise reports to members within required timeframes, and present reports to general meetings or committees under sections 252 to 257, 265 to 266, 268. Disclose officer remuneration from boards and related parties, material personal interests, and comply with decision restrictions and training requirements under sections 293B to 293J, 293K. Conduct elections by Australian Electoral Commission unless exempted, lodge prescribed information, maintain registers for returning officers, and respond to Australian Electoral Commission reports on difficult rules under sections 182 to 199. For amalgamations, pass committee resolutions, apply to the Fair Work Commission with proposed rule alterations, address objections, and satisfy the Fair Work Commission on compliance, no substantial injustice and property and liability arrangements under sections 366 to 367. For withdrawals, apply within the 2-5 year window with a fair and accurate outline addressing asset and liability apportionment, file yes and no cases if desired, and comply with Australian Electoral Commission ballot procedures including register declarations under sections 94 to 108. On successful withdrawal ballot, apply to the Federal Court for determination of withdrawal day and asset and liability apportionment orders having regard to pre-deregistration position, changes since amalgamation, outline proposal, member proportion and creditor interests under section 109. Cooperate with administrators by producing documents and providing information within at least 14 days, establish and publicise complaints procedures, and report as required under sections 323L, 323HA, 323T. Seek General Manager exemptions for low-income reporting units or substantial common membership with State-registered bodies where criteria are met under sections 269 to 270. Use certificates for registration of land, charges and other assets in amalgamations and withdrawals under sections 82 to 85, 119 to 122. Ensure all rule alterations comply with the Act, Fair Work Act, modern awards and enterprise agreements and are not otherwise unlawful under section 142. Lodge prescribed information before the prescribed day for Australian Electoral Commission elections under section 189 and maintain registers with 28-day updates under section 230(2), keeping year-end copies for seven years under section 231. Obtain Fair Work Commission or General Manager consent for name or eligibility rule changes under sections 158, 158A, with notice to State registrars where branches affected under section 363(3). Pass committee resolutions for amalgamation schemes under section 42 and apply jointly with outlines under sections 44, 95. Conduct elections by Australian Electoral Commission unless exemption granted after member notification and objection hearing under sections 183 to 186. Disclose material personal interests promptly and record in minutes under section 293C(5) to (7), with officers undertaking approved training within six months under section 293K. Prepare and lodge annual financial and officer-related party disclosure statements within six months of year end under sections 253 to 254, 293J. Respond to difficult rule reports within 30 days and make extracts available under section 198. For CFMEU administration, cooperate with inquiries and establish complaints procedures under sections 323K, 323HA. Use declaration envelopes for postal ballots under sections 188, 65(6), 102(3). Seek internal resolution before Federal Court applications for rule performance under section 164(3). Preserve ballot papers for one year under section 199. For section 152 terminations, provide asset and liability management agreements under section 154(2). Establish internal procedures for receiving, allocating within 14 days best endeavours and investigating qualifying disclosures, including reallocation and progress reporting to disclosers under sections 337C to 337CB, with regulations on informing disclosers and preparing reports under section 337CC. Implement officer interest disclosure policies requiring standing notices at meetings or in writing to all members, tabling and minute recording under section 293D, and committee resolutions excluding interested officers only after identifying the interest and its relation to affairs under section 293F. Ensure officers with financial duties complete approved training within six months of commencing office or obtain General Manager exemptions based on experience or qualifications under sections 293K to 293M. Maintain accurate registers of members and officers with 28-day updates, 7-year retention of year-end copies, annual declarations and lodgements, and statements of loans grants and donations over $1,000 within 90 days under sections 230 to 237. Prepare and lodge general purpose financial reports under Australian Accounting Standards and operating reports within prescribed periods, provide to members and present to meetings under sections 253 to 266. Conduct elections by Australian Electoral Commission unless exempted under sections 183 to 186, preserve documents for one year, respond to difficult rules reports within 30 days and make extracts available to members under sections 197 to 199. For amalgamations, fix ballot days after Fair Work Commission approval, prepare fair outlines and yes or no statements within word limits, conduct secret postal ballots and obtain required approval thresholds under sections 58 to 66. For withdrawals, ensure applications after two but before five years, prepare outlines addressing asset and liability apportionment, conduct ballots of financial members and apply to Federal Court for withdrawal day and apportionment orders under sections 94 to 109. Lodge certificates for land, charges, shares and other assets to effect transfers under sections 82 to 85. Use model rules where referenced for election and expenditure policies under sections 147 to 148. Obtain General Manager approval for alternative disclosure arrangements where special circumstances make section 293G compliance onerous under section 293H. Ensure rules make provision for all matters in section 141 including purposes, eligibility, committee and office-holder powers and duties, meetings, removals, member control, document execution, dispute notification, membership terms, resignation, property and funds control, audits, spending conditions, member registers by branch, rule alterations, and expenditure policies, while not imposing oppressive, unreasonable or unjust conditions or discriminating on prohibited grounds, and obtain General Manager certification under section 159 that alterations comply and are not contrary to law. Maintain accurate registers of members with updates within 28 days, retain annual copies for seven years at the organisation or branch office or approved premises, keep financial records for seven years, prepare and lodge general purpose financial reports and operating reports within prescribed periods, appoint registered auditors meeting independence criteria, provide reports to members, and respond to Australian Electoral Commission reports on difficult rules by making extracts and responses available. For elections, lodge prescribed information before the prescribed day, use independent returning officers and secret ballots with declaration envelopes, preserve all ballot papers, envelopes, lists and documents for one year, and do not assist one candidate over another. Officers must disclose remuneration, material personal interests and related-party payments promptly with standing notices where permitted, seek committee approval for loans, grants and donations exceeding 1,000 dollars, complete approved training within six months if holding financial duties, and not cause or be involved in contraventions of orders. Cooperate with General Manager inquiries and investigations by providing information, documents and assistance within at least 14 days, establish complaints procedures where required under administration schemes, and allocate protected disclosures for investigation within 90 days. For participation in State systems under Part 7, adopt branch autonomy and fund rules, pass committee resolutions proposing amalgamation with associated bodies, apply to the Fair Work Commission for approval with proposed rule alterations, and ensure property and liability arrangements are satisfactory. Apply to the Federal Court for orders determining invalidity consequences or rectifying invalidities only where no substantial injustice would result. Use General Manager certificates under section 358 for enforcement of penalties, fines, fees, levies, dues, costs or expenses as final judgments.