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(3) Also, the Minister may, by notice, direct the
Organisation to modify a corporate document to
which section 102BQ(1) applies.
(4) Before giving the direction, the Minister must
consult with the Organisation and take the
Organisation’s views into account.
(5) The Organisation must include details, in the
Organisation’s annual report under section
102BV, of—
(a) any direction given by the Minister under
subsection (3) during the financial year to
which the report relates; and
(b) the actions taken by the Organisation as a
result of the direction.
(6) If the Organisation modifies a corporate
document, the Organisation must give the
modified corporate document to the Minister
within 10 business days after making the
modification.
Subdivision 4 Meetings
102BT Annual general meeting
The Organisation must convene an annual general
meeting each year on or after the anniversary of its
first annual general meeting, but not later than 5
months after the end of each financial year.
Subdivision 5 Reporting obligations
102BU Quarterly reports
(1) The Organisation must give the Minister a report
(a quarterly report) about the Organisation’s
operations for each quarter of a financial year.
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(2) The quarterly report for a quarter of a financial
year must be given to the Minister—
(a) within 6 weeks after the end of the quarter;
or
(b) if the Minister approves a longer
period—within the longer period.
(3) The quarterly report for a quarter of a financial
year must include—
(a) the information required under the
Organisation’s strategic plan; and
(b) any other information prescribed by
regulation.
(4) In this section—
quarter, of a financial year, means each of the
following periods in the year—
(a) 1 July to 30 September;
(b) 1 October to 31 December;
(c) 1 January to 31 March;
(d) 1 April to 30 June.
102BV Annual report
(1) The Organisation must give the Minister a report
(an annual report) about the Organisation’s
operations for each financial year.
(2) The annual report for a financial year must be
given to the Minister within 3 months after the
end of the financial year.
(3) The annual report for a financial year must
include—
(a) annual financial statements for the financial
year that have been audited by an
independent auditor; and
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(b) details of whether the Organisation has
achieved during the financial year the
objectives stated in each of the following
corporate documents for the financial
year—
(i) the strategic plan;
(ii) the operational plan;
(iii) the statement of corporate intent;
(iv) the governance and investment plan;
and
(c) details of whether the Organisation has
achieved during the financial year the
outcomes, if any, prescribed under
section 102BL(1); and
(d) any other information prescribed by
regulation.
102BW Annual notification of status as eligible
company
The Organisation must, within 10 business days
after each anniversary of its appointment as the
Organisation, give the chief executive—
(a) a document stating whether the
Organisation is an eligible company and
whether the Organisation was not an eligible
company at any time during the previous
year; and
(b) a copy of the Organisation’s constitution
current on the day of the anniversary.
102BX Annual notification of template terms of
scheme agreements
(1) The Organisation must, before 31 March each
year, give the Minister a draft of the template
terms that the Organisation intends to include in
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each type of scheme agreement entered into in the
next financial year.
(2) To remove any doubt, it is declared that the
template terms of a scheme agreement do not
include the standard terms of a scheme agreement
prescribed under section 99Q(5), 99ZA(2) or
99ZF(3).
102BY Continuous obligation to notify chief
executive of particular events
(1) If any of the following events happen, the
Organisation must give a notice about the event to
the chief executive—
(a) an event that means the Organisation is no
longer an eligible company;
(b) an event that means an executive officer of
the Organisation is no longer an eligible
individual;
(c) the appointment or employment of an
executive officer of the Organisation;
(d) the ending of the appointment or
employment of an executive officer of the
Organisation;
(e) a person becoming a member of the
Organisation;
(f) a person ceasing to be a member of the
Organisation;
(g) a change in the template terms that the
Organisation intends to include in a scheme
agreement entered into during a financial
year.
(2) The notice must be given within 10 business days
after the event happens.
(3) A notice about an event mentioned in
subsection (1)(a) must include a plan and
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timetable for restoring the Organisation to its
status as an eligible company.
(4) A notice about an event mentioned in
subsection (1)(c) or (e) must be accompanied by
the signed consent of the person who is the subject
of the notice to—
(a) the collection of personal or background
information about the person by the chief
executive; and
(b) the obtaining of the criminal history of the
person under section 102DB.
(5) For subsection (4), if the person the subject of the
notice is a corporation, the notice must be
accompanied by the signed consent of each
person who is an executive officer or business
associate of the corporation to the matters
mentioned in subsection (4).
102BZ Continuous obligation to notify Minister of
risks to scheme
The Organisation must immediately inform the
Minister about any matter that the Organisation
considers may—
(a) prevent, or significantly affect, the
achievement of—
(i) an objective stated in a corporate
document; or
(ii) an outcome prescribed under
section 102BL(1); or
(b) significantly affect—
(i) the performance of the Organisation’s
functions; or
(ii) the financial position or viability of the
Organisation; or
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(iii) public confidence in the integrity of the
scheme.
102CA Reporting to chief executive
(1) The Minister may require the Organisation to
report to the chief executive about a matter
relevant to the performance of the Organisation’s
functions, including, for example, by giving the
chief executive stated information within a stated
period.
(2) The Organisation must comply with the
requirement.
Subdivision 6 External oversight
102CB Annual audit of board
(1) The Organisation must, at least once in each
financial year and with the approval of the
Minister, appoint a person as an independent
auditor to carry out an audit of—
(a) the board’s compliance with this Act; and
(b) the suitability of each director of the board
to continue as a director.
(2) The Minister may, by notice given to the
Organisation—
(a) extend the period in which an audit is
required under subsection (1) to a period
longer than a financial year; and
(b) state terms of reference for carrying out an
audit under subsection (1).
(3) A person appointed as an independent auditor to
carry out an audit under subsection (1) must—
(a) prepare a report for the audit; and
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(b) give a copy of the report to the Organisation
and the Minister within 10 business days
after completing the report.
102CC Minister may require audit of Organisation
(1) The Minister may, by notice given to the
Organisation, require the Organisation—
(a) to carry out an internal audit of either or
both of the following—
(i) the Organisation’s compliance with
this Act;
(ii) the reliability and quality of the
information given by the Organisation
to the Minister or chief executive under
this Act; or
(b) to appoint a person as an independent
auditor to carry out an audit of either or both
of the matters mentioned in paragraph (a).
(2) The notice may state terms of reference for
carrying out the audit.
(3) The Minister may appoint a person as an
independent auditor to carry out an audit of either
or both of the matters mentioned in
subsection (1)(a) if—
(a) the Minister has given the Organisation a
notice under subsection (1); and
(b) either—
(i) the Organisation has failed to comply
with the notice; or
(ii) for a notice given under subsection
(1)(b)—the Minister considers the
person appointed by the Organisation
to carry out the audit is not
appropriately qualified to carry out the
audit.
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(4) The person carrying out the audit must—
(a) prepare a report for the audit; and
(b) give a copy of the report to the Organisation
and the Minister within 10 business days
after completing the report.
(5) The Organisation must pay the costs of an
independent auditor appointed by the Minister
under subsection (3).
Subdivision 7 Information
102CD Keeping of records
(1) The Organisation must keep a document created
or received by the Organisation in the
performance of the Organisation’s functions for 7
years after the document was created or received.
(2) If the Minister requests a document mentioned in
subsection (1), the Organisation must give the
document to the Minister—
(a) within 20 business days after the Minister
makes the request; or
(b) if the Minister approves a longer
period—within the longer period.
102CE Publication of information on
Organisation’s website
(1) The Organisation must publish the following
information on the Organisation’s website—
(a) the members of the Organisation;
(b) the constitution of the Organisation;
(c) a notice given by the Minister under section
102AI(1);
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(d) a statement of expectations given by the
Minister under section 102BM(1);
(e) each direction given by the Minister under
section 102BN(1), 102BR(2) or 102BS(3);
(f) each corporate document, other than the
budget, for each financial year, including
any modification of a corporate document
under section 102BS;
(g) each annual report;
(h) each quarterly report;
(i) the template terms for each type of scheme
agreement given to the Minister under
section 102BX;
(j) the remuneration and other amounts,
including, for example, termination
payments, paid in each financial year to a
person who is or was a director of the board;
(k) any other information prescribed by
regulation.
(2) The information must be published within the
period prescribed by regulation.
(3) The information must be accessible on the
Organisation’s website for the following period
starting on the day the information is first
published on the website—
(a) if the information is an annual report—7
years;
(b) otherwise—2 years.
(4) In this section—
annual report see section 102BV(1).
information includes a document.
quarterly report see section 102BU(1).
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Subdivision 8 Miscellaneous
102CF Delegation
(1) The Organisation may delegate its functions or
powers to a director of the board or an
appropriately qualified employee of the
Organisation.
(2) The chief executive officer of the Organisation
(however described) may, with the Organisation’s
approval, subdelegate a function or power
delegated to the chief executive officer under
subsection (1) to an appropriately qualified
employee of the Organisation.
Division 8 Sanctions for
non-compliance
Subdivision 1 Conditions, suspension
and cancellation
102CG Grounds for taking action
(1) The Minister may take 1 or more of the actions
mentioned in subsection (2) in relation to the
appointment of the Organisation if—
(a) the appointment was obtained because of
incorrect or misleading information; or
(b) the Minister believes the Organisation is no
longer an eligible company; or
(c) the Minister believes an executive officer of
the Organisation is no longer an eligible
individual; or
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(d) the Minister believes the Organisation has
failed to comply with a condition of the
appointment; or
(e) the Minister believes the Organisation has
failed to achieve, or is unlikely to achieve,
an outcome prescribed under section
102BL(1); or
(f) the Minister believes the Organisation has
failed to comply with a direction given by
the Minister under section 102BN(1),
102BR(2) or 102BS(3); or
(g) the Minister believes the Organisation has
failed to comply, without a reasonable
excuse, with a compliance notice given
under chapter 11; or
(h) the Organisation is convicted of an offence
against this Act; or
(i) the Minister believes the Organisation has
failed to comply with this Act; or
(j) the Organisation has been charged with an
indictable offence; or
(k) the Minister believes another circumstance
indicates that the Organisation may not be
suitable to hold the appointment.
(2) The actions are—
(a) to impose a condition on, or vary or remove
a condition of, the appointment; or
(b) to appoint a special manager for the
Organisation; or
(c) to appoint an administrator for the
Organisation; or
(d) to suspend the appointment for a stated
period of not more than 6 months; or
(e) to cancel the appointment.
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102CH Show cause notice before taking action
(1) This section applies if the Minister is considering
taking action under section 102CG.
(2) The Minister must first give the Organisation a
notice (a show cause notice) stating—
(a) that the Minister intends to take the action;
and
(b) the proposed action; and
(c) the reasons for the proposed action; and
(d) that the Organisation may, within 20
business days after the notice is given, give
the Minister a written response to the
proposed action.
102CI Decision in relation to taking action after
show cause process
(1) After considering any written response from the
Organisation received under section
102CH(2)(d), the Minister may decide to take, or
not to take, the action.
(2) If the Minister decides not to take the action, the
Minister must give the Organisation notice of the
decision.
102CJ Immediate suspension without show cause
notice
(1) The Minister may suspend the appointment of the
Organisation on a ground mentioned in
section 102CG(1) without giving the
Organisation a show cause notice under
section 102CH(2) if the Minister is satisfied the
circumstances warrant the immediate suspension
of the appointment to protect—
(a) the safety, health or wellbeing of persons; or
(b) the integrity of the scheme.
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