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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 2013

2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Fair Work (Registered Organisations)
Amendment (Towards Transparency)
Bill 2013
No. , 2013
(Mr Abbott)
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 2013
No. , 2013
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 2013 No.
, 2013 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 2013.
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2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
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2 Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2013
No. , 2013
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repealed as set out in the applicable items in the Schedule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 2013 No.
, 2013 3
Schedule 1
--
Amendments
1
Part 1
--
Main amendments
2
Fair Work (Registered Organisations) Act 2009
3
1 Section 268
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Before "A reporting", insert "(1)".
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2 At the end of section 268
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Add:
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(2) A reporting unit is taken not to have complied with subsection (1)
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unless:
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(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
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Good faith--officers
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(1) An officer of an organisation or a branch commits an offence if he
20
or she:
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(a) is reckless; or
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(b) is intentionally dishonest;
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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
Maximum penalty: Imprisonment for 5 years or 2,000 penalty
28
units, or both.
29
Schedule 1 Amendments
Part 1 Main amendments
4 Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2013
No. , 2013
Use of position--officers and employees
1
(2) An officer or employee of an organisation or a branch commits an
2
offence if he or she uses his or her position dishonestly:
3
(a) with the intention of directly or indirectly gaining an
4
advantage for himself or herself, or someone else, or causing
5
detriment to the organisation; or
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(b) reckless as to whether the use may result in himself or
7
herself, or someone else, directly or indirectly gaining an
8
advantage, or in causing detriment to the organisation.
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Maximum penalty: Imprisonment for 5 years or 2,000 penalty
10
units, or both.
11
Use of information--officers and employees
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(3) A person who obtains information because he or she is, or has
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been, an officer or employee of an organisation or a branch
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commits an offence if he or she uses the information dishonestly:
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(a) with the intention of directly or indirectly gaining an
16
advantage for himself or herself, or someone else, or causing
17
detriment to the organisation; or
18
(b) reckless as to whether the use may result in himself or
19
herself, or someone else, directly or indirectly gaining an
20
advantage, or in causing detriment to the organisation.
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Maximum penalty: Imprisonment for 5 years or 2,000 penalty
22
units, or both.
23
4 Subsection 289(1)
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Omit "or 288", substitute ", 288 or 288A".
25
5 Section 290
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Omit "or 288", substitute ", 288 or 288A".
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6 Paragraph 305(2)(ze)
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Omit "section 268", substitute "subsection 268(1)".
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7 Paragraph 306(1)(b)
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Repeal the paragraph, substitute:
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Amendments Schedule 1
Main amendments Part 1
Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2013 No.
, 2013 5
(b) in the case of an officer of an organisation--200 penalty
1
units; or
2
(c) in any other case--60 penalty units.
3
8 Paragraph 306(1A)(b)
4
Repeal the paragraph, substitute:
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(b) in the case of an officer of an organisation--100 penalty
6
units; or
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(c) in any other case--30 penalty units.
8
9 After section 358
9
Insert:
10
358A Non-compliance with court orders--criminal offence
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Order applying to organisation or branch
12
(1) An organisation or branch commits an offence if:
13
(a) a court has made an order that applies to the organisation or
14
branch; and
15
(b) the order is in force; and
16
(c) the order requires the organisation or branch to take, or not to
17
take, certain action; and
18
(d) the organisation or branch does not comply with the order.
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Maximum penalty: 2,000 penalty units.
20
(2) An officer or employee of an organisation or a branch commits an
21
offence if:
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(a) a court has made an order that applies to the organisation or
23
branch; and
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(b) the order is in force; and
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(c) the order requires the organisation or branch to take, or not to
26
take, certain action; and
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(d) the organisation or branch does not comply with the order;
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and
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(e) the officer or employee is involved in the organisation's or
30
branch's failure to comply with the order.
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Schedule 1 Amendments
Part 1 Main amendments
6 Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2013
No. , 2013
Maximum penalty: Imprisonment for 5 years or 2,000 penalty
1
units, or both.
2
Order applying to officer or employee
3
(3) An officer or employee of an organisation or a branch commits an
4
offence if:
5
(a) a court has made an order that applies to the officer or
6
employee; and
7
(b) the order is in force; and
8
(c) the order requires the officer or employee to take, or not to
9
take, certain action; and
10
(d) the officer or employee does not comply with the order.
11
Maximum penalty: Imprisonment for 5 years or 2,000 penalty
12
units, or both.
13
Section does not limit court's powers
14
(4) Nothing in this section limits the power of a court to deal with an
15
organisation's or branch's failure to comply with an order imposed
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by the court.
17
18
Amendments Schedule 1
Application provisions Part 2
Fair Work (Registered Organisations) Amendment (Towards Transparency) Bill 2013 No.
, 2013 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

 


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