sec.266Remedies on show cause notice

### sec.266 Remedies on show cause notice If an organisation issued with a show cause notice does not show cause at the stated time, the full bench may do 1 or more of the following— impose on the organisation a penalty of not more than 1,000 penalty units; amend a bargaining instrument to which the organisation is a party; if the organisation is an employee organisation—suspend the date of operation of a wage increase otherwise payable to members of the organisation or to a class of the members; change the organisation’s rules to exclude from eligibility for membership persons belonging to a particular class or section of the membership; make the orders it considers appropriate— to restrict the use of the organisation’s property; and to control the organisation’s property to ensure the restrictions are complied with; suspend the organisation’s registration for a stated period; deregister the organisation; make the other orders it considers appropriate— to secure the organisation’s compliance with the commission’s order; or to punish the organisation for not complying with the commission’s order; order the organisation to pay the costs of the show cause proceedings. If a person issued with the notice does not show cause at the stated time, the full bench may do 1 or more of the following— impose on the person a penalty of not more than 40 penalty units; make the other orders it considers appropriate— to secure the person’s compliance with the commission’s order; or to punish the person for not complying with the commission’s order; order the person to pay the costs of the show cause proceedings. All persons concerned must comply with an order or direction made or given by the full bench. In this section— organisation includes a branch of an organisation. stated time means the time stated in the notice to show cause under section 265 (7) or the time to which the proceedings are adjourned. (sec.266-ssec.1) If an organisation issued with a show cause notice does not show cause at the stated time, the full bench may do 1 or more of the following— impose on the organisation a penalty of not more than 1,000 penalty units; amend a bargaining instrument to which the organisation is a party; if the organisation is an employee organisation—suspend the date of operation of a wage increase otherwise payable to members of the organisation or to a class of the members; change the organisation’s rules to exclude from eligibility for membership persons belonging to a particular class or section of the membership; make the orders it considers appropriate— to restrict the use of the organisation’s property; and to control the organisation’s property to ensure the restrictions are complied with; suspend the organisation’s registration for a stated period; deregister the organisation; make the other orders it considers appropriate— to secure the organisation’s compliance with the commission’s order; or to punish the organisation for not complying with the commission’s order; order the organisation to pay the costs of the show cause proceedings. (sec.266-ssec.2) If a person issued with the notice does not show cause at the stated time, the full bench may do 1 or more of the following— impose on the person a penalty of not more than 40 penalty units; make the other orders it considers appropriate— to secure the person’s compliance with the commission’s order; or to punish the person for not complying with the commission’s order; order the person to pay the costs of the show cause proceedings. (sec.266-ssec.3) All persons concerned must comply with an order or direction made or given by the full bench. (sec.266-ssec.4) In this section— organisation includes a branch of an organisation. stated time means the time stated in the notice to show cause under section 265 (7) or the time to which the proceedings are adjourned. - (a) impose on the organisation a penalty of not more than 1,000 penalty units; - (b) amend a bargaining instrument to which the organisation is a party; - (c) if the organisation is an employee organisation—suspend the date of operation of a wage increase otherwise payable to members of the organisation or to a class of the members; - (d) change the organisation’s rules to exclude from eligibility for membership persons belonging to a particular class or section of the membership; - (e) make the orders it considers appropriate— (i) to restrict the use of the organisation’s property; and (ii) to control the organisation’s property to ensure the restrictions are complied with; - (i) to restrict the use of the organisation’s property; and - (ii) to control the organisation’s property to ensure the restrictions are complied with; - (f) suspend the organisation’s registration for a stated period; - (g) deregister the organisation; - (h) make the other orders it considers appropriate— (i) to secure the organisation’s compliance with the commission’s order; or (ii) to punish the organisation for not complying with the commission’s order; - (i) to secure the organisation’s compliance with the commission’s order; or - (ii) to punish the organisation for not complying with the commission’s order; - (i) order the organisation to pay the costs of the show cause proceedings. - (i) to restrict the use of the organisation’s property; and - (ii) to control the organisation’s property to ensure the restrictions are complied with; - (i) to secure the organisation’s compliance with the commission’s order; or - (ii) to punish the organisation for not complying with the commission’s order; - (a) impose on the person a penalty of not more than 40 penalty units; - (b) make the other orders it considers appropriate— (i) to secure the person’s compliance with the commission’s order; or (ii) to punish the person for not complying with the commission’s order; - (i) to secure the person’s compliance with the commission’s order; or - (ii) to punish the person for not complying with the commission’s order; - (c) order the person to pay the costs of the show cause proceedings. - (i) to secure the person’s compliance with the commission’s order; or - (ii) to punish the person for not complying with the commission’s order;