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This is a Bill, not an Act. For current law, see the Acts databases.
FAIR WORK (REGISTERED ORGANISATIONS) AMENDMENT (TOWARDS TRANSPARENCY) BILL 2012
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
i Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2012
No. , 2012
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
Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2012 No.
, 2012 1
A Bill for an Act to amend the Fair Work
1
(Registered Organisations) Act 2009, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Fair Work (Registered Organisations)
6
Amendment (Towards Transparency) Act 2012.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2 Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2012
No. , 2012
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Main amendments Part 1
Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2012 No.
, 2012 3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Fair Work (Registered Organisations) Act 2009
3
1 Section 268
4
Before "A reporting", insert "(1)".
5
2 At the end of section 268
6
Add:
7
(2) A reporting unit is taken not to have complied with subsection (1)
8
unless:
9
(a) if a copy of the full report is lodged with FWA--the full
10
report, and each report included in the full report, complies
11
with the requirements of this Act; and
12
(b) if a copy of a concise report is lodged with FWA--the
13
concise report complies with the requirements of this Act.
14
3 After section 288
15
Insert:
16
288A Good faith, use of position and use of information--criminal
17
offences
18
Good faith--officers
19
(1) An officer of an organisation or a branch commits an offence if he
20
or she:
21
(a) is reckless; or
22
(b) is intentionally dishonest;
23
and fails to exercise his or her powers and discharge his or her
24
duties:
25
(c) in good faith in the best interests of the organisation; or
26
(d) for a proper purpose.
27
Schedule 1 Amendments
Part 1 Main amendments
4 Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2012
No. , 2012
Maximum penalty: Imprisonment for 5 years or 2,000 penalty
1
units, or both.
2
Use of position--officers and employees
3
(2) An officer or employee of an organisation or a branch commits an
4
offence if he or she uses his or her position dishonestly:
5
(a) with the intention of directly or indirectly gaining an
6
advantage for himself or herself, or someone else, or causing
7
detriment to the organisation; or
8
(b) reckless as to whether the use may result in himself or
9
herself, or someone else, directly or indirectly gaining an
10
advantage, or in causing detriment to the organisation.
11
Maximum penalty: Imprisonment for 5 years or 2,000 penalty
12
units, or both.
13
Use of information--officers and employees
14
(3) A person who obtains information because he or she is, or has
15
been, an officer or employee of an organisation or a branch
16
commits an offence if he or she uses the information dishonestly:
17
(a) with the intention of directly or indirectly gaining an
18
advantage for himself or herself, or someone else, or causing
19
detriment to the organisation; or
20
(b) reckless as to whether the use may result in himself or
21
herself, or someone else, directly or indirectly gaining an
22
advantage, or in causing detriment to the organisation.
23
Maximum penalty: Imprisonment for 5 years or 2,000 penalty
24
units, or both.
25
4 Subsection 289(1)
26
Omit "or 288", substitute ", 288 or 288A".
27
5 Section 290
28
Omit "or 288", substitute ", 288 or 288A".
29
6 Paragraph 305(2)(ze)
30
Omit "section 268", substitute "subsection 268(1)".
31
Amendments Schedule 1
Main amendments Part 1
Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2012 No.
, 2012 5
7 Paragraph 306(1)(b)
1
Repeal the paragraph, substitute:
2
(b) in the case of an officer of an organisation--200 penalty
3
units; or
4
(c) in any other case--60 penalty units.
5
8 Paragraph 306(1A)(b)
6
Repeal the paragraph, substitute:
7
(b) in the case of an officer of an organisation--100 penalty
8
units; or
9
(c) in any other case--30 penalty units.
10
9 After section 358
11
Insert:
12
358A Non-compliance with court orders--criminal offence
13
Order applying to organisation or branch
14
(1) An organisation or branch commits an offence if:
15
(a) a court has made an order that applies to the organisation or
16
branch; and
17
(b) the order is in force; and
18
(c) the order requires the organisation or branch to take, or not to
19
take, certain action; and
20
(d) the organisation or branch does not comply with the order.
21
Maximum penalty: 2,000 penalty units.
22
(2) An officer or employee of an organisation or a branch commits an
23
offence if:
24
(a) a court has made an order that applies to the organisation or
25
branch; and
26
(b) the order is in force; and
27
(c) the order requires the organisation or branch to take, or not to
28
take, certain action; and
29
(d) the organisation or branch does not comply with the order;
30
and
31
Schedule 1 Amendments
Part 1 Main amendments
6 Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2012
No. , 2012
(e) the officer or employee is involved in the organisation's or
1
branch's failure to comply with the order.
2
Maximum penalty: Imprisonment for 5 years or 2,000 penalty
3
units, or both.
4
Order applying to officer or employee
5
(3) An officer or employee of an organisation or a branch commits an
6
offence if:
7
(a) a court has made an order that applies to the officer or
8
employee; and
9
(b) the order is in force; and
10
(c) the order requires the officer or employee to take, or not to
11
take, certain action; and
12
(d) the officer or employee does not comply with the order.
13
Maximum penalty: Imprisonment for 5 years or 2,000 penalty
14
units, or both.
15
Section does not limit court's powers
16
(4) Nothing in this section limits the power of a court to deal with an
17
organisation's or branch's failure to comply with an order imposed
18
by the court.
19
20
Amendments Schedule 1
Application provisions Part 2
Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2012 No.
, 2012 7
Part 2--Application provisions
1
10 Application--pecuniary penalty orders
2
The amendments of section 306 of the Fair Work (Registered
3
Organisations) Act 2009 made by this Schedule apply to orders made
4
on or after the commencement of this item.
5
11 Application--section 358A
6
Section 358A of the Fair Work (Registered Organisations) Act 2009, as
7
inserted by the Schedule, applies in relation to:
8
(a) orders made by a court before, on or after the commencement
9
of this item; and
10
(b) acts done or omissions made on or after that commencement.
11