Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Fair Work (Registered Organisations) Act 2009, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 29 Nov 2012
Introduced Senate 27 Nov 2012
Table of contents.

2010‑2011‑2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2012

 

No.      , 2012

 

(Senator Abetz)

 

 

 

A Bill for an Act to amend the Fair Work (Registered Organisations) Act 2009, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments                                                                                                3

Part 1—Main amendments                                                                                         3

Fair Work (Registered Organisations) Act 2009                                                   3

Part 2—Application provisions                                                                                7

 


A Bill for an Act to amend the Fair Work (Registered Organisations) Act 2009, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Fair Work (Registered Organisations) Amendment (Towards Transparency) Act 2012.

2  Commencement

                   This Act commences on the day after this Act receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments

Part 1Main amendments

Fair Work (Registered Organisations) Act 2009

1  Section 268

Before “A reporting”, insert “(1)”.

2  At the end of section 268

Add:

             (2)  A reporting unit is taken not to have complied with subsection (1) unless:

                     (a)  if a copy of the full report is lodged with FWA—the full report, and each report included in the full report, complies with the requirements of this Act; and

                     (b)  if a copy of a concise report is lodged with FWA—the concise report complies with the requirements of this Act.

3  After section 288

Insert:

288A  Good faith, use of position and use of information—criminal offences

Good faith—officers

             (1)  An officer of an organisation or a branch commits an offence if he or she:

                     (a)  is reckless; or

                     (b)  is intentionally dishonest;

and fails to exercise his or her powers and discharge his or her duties:

                     (c)  in good faith in the best interests of the organisation; or

                     (d)  for a proper purpose.

Maximum penalty: Imprisonment for 5 years or 2,000 penalty units, or both.

Use of position—officers and employees

             (2)  An officer or employee of an organisation or a branch commits an offence if he or she uses his or her position dishonestly:

                     (a)  with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or

                     (b)  reckless as to whether the use may result in himself or herself, or someone else, directly or indirectly gaining an advantage, or in causing detriment to the organisation.

Maximum penalty: Imprisonment for 5 years or 2,000 penalty units, or both.

Use of information—officers and employees

             (3)  A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:

                     (a)  with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or

                     (b)  reckless as to whether the use may result in himself or herself, or someone else, directly or indirectly gaining an advantage, or in causing detriment to the organisation.

Maximum penalty: Imprisonment for 5 years or 2,000 penalty units, or both.

4  Subsection 289(1)

Omit “or 288”, substitute “, 288 or 288A”.

5  Section 290

Omit “or 288”, substitute “, 288 or 288A”.

6  Paragraph 305(2)(ze)

Omit “section 268”, substitute “subsection 268(1)”.

7  Paragraph 306(1)(b)

Repeal the paragraph, substitute:

                     (b)  in the case of an officer of an organisation—200 penalty units; or

                     (c)  in any other case—60 penalty units.

8  Paragraph 306(1A)(b)

Repeal the paragraph, substitute:

                     (b)  in the case of an officer of an organisation—100 penalty units; or

                     (c)  in any other case—30 penalty units.

9  After section 358

Insert:

358A  Non‑compliance with court orders—criminal offence

Order applying to organisation or branch

             (1)  An organisation or branch commits an offence if:

                     (a)  a court has made an order that applies to the organisation or branch; and

                     (b)  the order is in force; and

                     (c)  the order requires the organisation or branch to take, or not to take, certain action; and

                     (d)  the organisation or branch does not comply with the order.

Maximum penalty: 2,000 penalty units.

             (2)  An officer or employee of an organisation or a branch commits an offence if:

                     (a)  a court has made an order that applies to the organisation or branch; and

                     (b)  the order is in force; and

                     (c)  the order requires the organisation or branch to take, or not to take, certain action; and

                     (d)  the organisation or branch does not comply with the order; and

                     (e)  the officer or employee is involved in the organisation’s or branch’s failure to comply with the order.

Maximum penalty: Imprisonment for 5 years or 2,000 penalty units, or both.

Order applying to officer or employee

             (3)  An officer or employee of an organisation or a branch commits an offence if:

                     (a)  a court has made an order that applies to the officer or employee; and

                     (b)  the order is in force; and

                     (c)  the order requires the officer or employee to take, or not to take, certain action; and

                     (d)  the officer or employee does not comply with the order.

Maximum penalty: Imprisonment for 5 years or 2,000 penalty units, or both.

Section does not limit court’s powers

             (4)  Nothing in this section limits the power of a court to deal with an organisation’s or branch’s failure to comply with an order imposed by the court.


 

Part 2Application provisions

10  Application—pecuniary penalty orders

The amendments of section 306 of the Fair Work (Registered Organisations) Act 2009 made by this Schedule apply to orders made on or after the commencement of this item.

11  Application—section 358A

Section 358A of the Fair Work (Registered Organisations) Act 2009, as inserted by the Schedule, applies in relation to:

                     (a)  orders made by a court before, on or after the commencement of this item; and

                     (b)  acts done or omissions made on or after that commencement.