Part 4sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.

Part 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations. (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth. (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office. (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election. (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch. (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management: (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with. (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned. (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch. (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made. (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1). (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way. (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied: (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted: (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation; the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be. (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked. (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election. (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189). If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows: (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC. (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position. (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot. (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1). (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable. (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form. (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given. (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned; the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2). (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election. (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading. (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official: (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary: > Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). > Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code. (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of: (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position: the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official. (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation. (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with. (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting: (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following: (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way: (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties. (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to: > Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports. (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election: (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses; this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter. > Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147). (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter. > Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144). (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report. (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take. (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it. (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members. (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following: (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response; (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge; (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires). (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading. > appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside. > next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published. (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election. (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election. (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2). > Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code. (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2). > Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code. (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter. (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter. (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter. > Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2). the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted. (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2). (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions: (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be; (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person; (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders. (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person. (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given. (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2). > Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code. (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty. is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty. > election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election. (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A. (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4). (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and > Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code. (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders: (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election; (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office; (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office; (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office; (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates; (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office. (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of: (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear. (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding. (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just. (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary. (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities. (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary. (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders: (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected; (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held; (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section. (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities. (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters. Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC. The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part. (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected: (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done. (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court. This Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2). This Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence. Section 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified. (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property. (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either: (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days: (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period; (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b). (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day. (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate. (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day. (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period. (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless: (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence: (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217. (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined: (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended. (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217: (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence. (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days: (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period; (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations; (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction. (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations. (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days: (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period; (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned. (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction. For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to: (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate. (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court. (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court. Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions). This Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs. Part 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC. Part 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing. (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1); (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member; (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation. > Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172). (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned. (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day. (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records. (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made. (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading. (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation. (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch. (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch. (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record: (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission. (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies. (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person. (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person. > Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address. (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction. the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction. (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given. (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form. (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation. (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year. (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading. (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned. (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan. (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made. (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch. This Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing. It provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.