Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
1998-1999-2000-2001
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF REPRESENTATIVES
WORKPLACE RELATIONS (REGISTERED ORGANISATIONS)
(CONSEQUENTIAL PROVISIONS) BILL 2001
SUPPLEMENTARY
EXPLANATORY MEMORANDUM
(Amendments to be moved on behalf of the
Government)
(Circulated
by authority of the Minister for Employment, Workplace Relations
and Small
Business, the Honourable Tony Abbott MP)
ISBN: 0642 460442
(Amendments to be moved on behalf of the
Government)
The Government is proposing minor amendments to Schedule 1 of the Bill.
These amendments relate to the substitute Division 7 of Part 3 of Chapter 8 of
the Workplace Relations (Registered Organisations) Bill 2001 (RO Bill) (which
provides for members’ access to the financial records of reporting units)
that operates during the transitional period. Equivalent amendments are
proposed to the RO Bill.
The proposed amendments are not expected to have any impact on
Commonwealth expenditure.
NOTES ON AMENDMENTS
Item 47 of Schedule 1 creates a substitute Division 7 of Part 3 of
Chapter 8 of the RO Act that will operate (instead of the provisions of the
proposed RO Act) during the transition period (that is, the period between
commencement and the first full financial year of a reporting unit after the
commencement of the Industrial Registrar’s reporting guidelines under
section 244 of the proposed RO Act).
The amendments propose technical
amendments to this Division. Equivalent amendments are proposed in relation
Division 7 of Part 3 of Chapter 8 of the RO Act (to ensure that equivalent
arrangements apply during and after the transition period).
Amendment No. 1 would amend substitute subclause 261(6) to correct a
technical deficiency.
Substitute clause 261 allows either a member or a
Registrar on behalf of the member to apply to a reporting unit for specified
prescribed information concerning its financial affairs. This is not reflected
in substitute subclause 261(6) (which refers only to an application by a
member). Amendment No. 1 would correct this defect.
Substitute clause 262 enables a member of a reporting unit to apply for an
order from the Australian Industrial Relations Commission allowing inspection of
a reporting unit’s financial records where there are reasonable grounds
for suspecting a breach of financial requirements by the reporting
unit.
Amendment No. 2 would make a minor technical amendment to
substitute subclause 262(1) consequential upon the change proposed by Amendment
No. 3.
Amendment No. 3 would insert a new substitute subclause 262(2A)
to provide that the Commission may only order access to the financial records of
a reporting unit in respect of those records that relate to the suspected
breach.
Amendment No. 4 would omit the legislative note after substitute clause
263.