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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 359

Regulations

General power

  (1)   The Governor - General may make regulations prescribing all matters:

  (a)   required or permitted by this Act to be prescribed; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Specific matters on which regulations may be made

  (2)   The matters in relation to which the Governor - General may make regulations include, but are not limited to:

  (a)   the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and

  (b)   the fees to be charged in relation to proceedings under this Act; and

  (c)   the manner in which, and the time within which, the AEC must give post - election and post - ballot reports; and

  (d)   requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and

  (e)   requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and

  (f)   penalties not exceeding a fine of 10 penalty units for offences against the regulations; and

  (g)   pecuniary penalties not exceeding:

  (i)   in the case of a body corporate--25 penalty units; or

  (ii)   in any other case--5 penalty units;

    for contravening civil penalty provisions in the regulations.

Note:   Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC's practice and procedure may be made for the purposes of section   610 of the Fair Work Act.

Regulations relating to payroll deduction facilities

  (3)   The Governor - General may also make regulations imposing requirements relating to payroll deduction facilities on:

  (a)   the Commonwealth in its capacity as an employer; and

  (b)   employers who are constitutional corporations.

Note:   For the meaning of constitutional corporation , see section   6.

  (4)   Regulations referred to in subsection   (3) may include, but are not limited to:

  (a)   requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and

  (b)   requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.



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