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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 270

Organisations with income of less than certain amount

  (1)   If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit's income for the year did not exceed:

  (a)   in the case of a financial year that, because of section   240, is a period other than 12 months--such amount as the General Manager considers appropriate in the circumstances; or

  (b)   in any other case--$100,000 or such higher amount as is prescribed;

the General Manager must issue to the reporting unit a certificate to that effect.

  (2)   Where a certificate is issued under subsection   (1) in relation to a reporting unit in relation to a financial year:

  (a)   the following provisions of this section apply in relation to the reporting unit in relation to the year; and

  (b)   except as provided in paragraph   (c), this Part   continues to apply in relation to the reporting unit in relation to the year; and

  (c)   sections   253, 265, 266 and 268 do not apply in relation to the reporting unit in relation to the year.

  (3)   This Part (other than this section) applies to the reporting unit in relation to the year as if:

  (a)   a reference to a general purpose financial report prepared or to be prepared under section   253 were a reference to a general purpose financial report prepared under subsection   (4) of this section; and

  (b)   the reference in subsection   272(5) to a general purpose financial report prepared under section   253 were a reference to a general purpose financial report prepared under subsection   (4) of this section; and

  (c)   the reference in sections   332 and 333 to documents lodged with the FWC under section   268 were a reference to documents lodged with the FWC in accordance with subsection   (7) of this section.

  (4)   Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection   252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.

Civil penalty:   100 penalty units.

  (5)   After the making to the reporting unit of the report of the auditor under section   257 in relation to the auditor's inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor's report relates, to be presented to a meeting of the members of the reporting unit.

Civil penalty:   100 penalty units.

  (6)   Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor's report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.

Civil penalty:   100 penalty units.

  (7)   The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section   257, lodge with the FWC copies of the auditor's report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.

Civil penalty:   100 penalty units.



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