Commonwealth Numbered Regulations

1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 110

110. (1) For the purposes of subsection 274 (1) of the Act, an application to
an organisation shall be:

   (a)  in writing addressed to the secretary, or any other executive officer,
        of the organisation; and

   (b)  delivered by hand at, or sent by pre-paid post to, the office of the
        organisation.

(2) For the purposes of subsection 274 (1) of the Act, any of the following
information concerning an organisation, being information relating to the
financial year of the organisation in respect of which accounts and statements
were last prepared in accordance with subsection 273 (1) or 285 (5) of the
Act, is prescribed information concerning the organisation:

   (a)  in relation to any compulsory levy raised by the organisation other
        than a levy in respect of which the organisation has, during the
        financial year, operated a special fund or account:

        (i)    the purpose for which the levy was raised; and

        (ii)   the total amount received by the organisation;

   (b)  in relation to any collection by the organisation of voluntary
        contributions made by the members for the furtherance of a particular
        purpose, other than voluntary contributions in respect of which the
        organisation has, during the financial year, operated a special fund
        or account:

        (i)    the purpose for which the contributions were collected; and

        (ii)   the total amount received by the organisation as voluntary
               contributions for the furtherance of that purpose;

   (c)  in relation to any donation or grant exceeding $1,000 made to the
        organisation:

        (i)    the amount of the donation or grant; and

        (ii)   where the donation or grant was made for a specified
               purpose-the purpose so specified;

   (d)  in relation to any compulsory levy imposed on the organisation:

        (i)    the purpose for which the levy was imposed; and

        (ii)   the total amount paid by the organisation;

   (e)  in relation to any donation or grant exceeding $1,000 made by the
        organisation:

        (i)    the purpose for which the donation or grant was made;

        (ii)   the amount of the donation or grant; and

        (iii)  where the donation or grant is not a prescribed donation or
               grant-the name and address of the person to whom the donation
               or grant was made; (f) in relation to any amount exceeding
               $1,000 received or paid by the organisation, not being an
               amount included in an amount referred to in a subparagraph of
               paragraph 107 (a) in relation to the organisation:

        (i)    the amount received or paid by the organisation;

        (ii)   the name and address of the person from whom the amount was
               received or to whom the amount was paid; and

        (iii)  the purpose for which the amount was received or paid by the
               organisation;

   (g)  the amount paid as remuneration to the holder of any office in the
        organisation;

   (h)  in relation to the sale or revaluation of any asset of the
        organisation, being a sale or revaluation that has resulted in a
        profit or loss exceeding $1,000:

        (i)    a description of the asset sold or revalued;

        (ii)   in the case of the revaluation of an asset-the reason for which
               the asset was revalued; and

        (iii)  the amount of the profit made or the loss incurred;

   (j)  in relation to any loan exceeding $1,000 made by the organisation:

        (i)    the amount of the loan;

        (ii)   the purpose for which the loan was required;

        (iii)  the security given in respect of the loan; and

        (iv)   where the loan is not a prescribed loan-the name and address of
               the person to whom the loan was made and the arrangements made
               for the repayment of the loan;

   (k)  the total amount paid by the organisation in respect of investments
        (other than investments in Government, municipal or other public
        debentures, stock or bonds) made by the organisation during the
        financial year;

   (l)  in relation to any investment (other than an investment in Government,
        municipal or other public debentures, stock or bonds) held by the
        organisation at the end of the financial year, being an investment the
        book value of which, as at the end of that financial year, exceeds
        whichever is the greater of $1,000 and 20 per cent of the total book
        value of all such investments held by the organisation at the end of
        that financial year:

        (i)    a description of the investment;

        (ii)   the book value of the investment as at the end of the financial
               year; and

        (iii)  where applicable, the quoted market value of the investment as
               at the end of the financial year;

   (m)  in relation to any asset (other than an asset included in a class of
        assets referred to in a subparagraph of paragraph 107 (b)) held by the
        organisation at the end of the financial year, being an asset the book
        value of which, as at the end of the financial year, exceeds whichever
        is the greater of $1,000 and 5 per cent of the total book value of all
        the assets held by the organisation at the end of the financial year:

        (i)    a description of the asset; and

        (ii)   the book value of the asset as at the end of the financial
               year;

   (n)  in relation to any loan exceeding $10,000 received by the
        organisation:

        (i)    the name and address of the person from whom the loan was
               received;

        (ii)   the amount of the loan;

        (iii)  the purpose for which the loan was required;

        (iv)   the security given in respect of the loan; and

        (v)    the arrangements made for the repayment of the loan;

   (o)  in relation to any amount held by the organisation as provision for
        one of the following purposes:

        (i)    the payment of annual leave entitlements to its officers and
               employees;

        (ii)   the payment of long service leave entitlements to its officers
               and employees;

        (iii)  the payment of superannuation or retirement benefits to its
               officers and employees;
the number of officers and employees in respect of whom the amount so held
constitutes provision;

   (p)  in relation to any contingent liability of the organisation as at the
        end of the financial year, being a contingent liability the amount of
        which has been ascertained and exceeds 5 per cent of the net value of
        the assets of the organisation as at the end of the financial year:

        (i)    a description of the liability; and

        (ii)   the amount for which the organisation is liable;

   (q)  in relation to any liability of the organisation (other than a
        liability included in a class of liabilities referred to in a
        subparagraph of paragraph 107 (b)) outstanding at the end of the
        financial year, being a liability involving an amount exceeding 5 per
        cent of the total amount of the other liabilities of the organisation
        as at the end of the financial year:

        (i)    a description of the liability; and

        (ii)   the amount for which the organisation is liable;

   (r)  in relation to any fund or account operated by the organisation in
        respect of a compulsory levy raised by the organisation or in respect
        of voluntary contributions collected from the members of the
        organisation:

        (i)    the purpose for which the levy was raised or the voluntary
               contributions collected;

        (ii)   where applicable, the amount of the balance of the fund or
               account at the commencement of the financial year;

        (iii)  whether any moneys were transferred to the fund or account from
               any other fund or account operated by the organisation and, if
               any moneys were so transferred, a description of each fund or
               account from which moneys were so transferred and the amount
               transferred from each fund or account;

        (iv)   the total amount paid by the members of the organisation in
               respect of the levy or as voluntary contributions;

        (v)    the total amount of payments made out of the fund or account in
               furtherance of the purpose for which the levy was imposed or
               the voluntary contributions collected;

        (vi)   whether any payment was made out of the fund or account in
               furtherance of a purpose other than the purpose for which the
               levy was imposed or the voluntary contributions collected and,
               if any payment was so made, the amount of each payment and the
               purpose for which it was made;

        (vii)  whether any moneys were transferred from the fund or account to
               any other fund or account operated by the organisation and, if
               any moneys were so transferred, a description of each fund or
               account to which the moneys were transferred and the amount
               transferred to each fund or account;

        (viii) in respect of:

                (A)  each payment particulars of which are given in accordance
                     with subparagraph (vi); and

                (B)  each transfer particulars of which are given in
                     accordance with subparagraph (vii);
the designation within the organisation of the person who approved the payment
or transfer and the date on which the approval was given; and

        (ix)   the amount of the balance of the fund or account at the end of
               the financial year or, in the case of a fund or account that
               the organisation ceased to operate before the end of the
               financial year, the amount of the closing balance and, if any
               part of that balance or closing balance has been invested in
               any assets, the amount so invested and a description of those
               assets;

   (s)  in relation to any fund (other than the general fund or a fund
        referred to in paragraph (r)) the operation of which is required by
        the rules of the organisation:

        (i)    the purpose for which the fund was operated;

        (ii)   where applicable, the amount of the balance of the fund at the
               beginning of the financial year;

        (iii)  whether any moneys were transferred to the fund from any other
               fund or any account operated by the organisation and, if any
               moneys were so transferred, a description of each fund or
               account from which moneys were so transferred and the amount
               transferred from each fund or account;

        (iv)   the total amount of moneys, other than moneys referred to in
               subparagraph (iii), paid into the fund;

        (v)    the total amount of payments made out of the fund in
               furtherance of the purpose for which the fund was operated;

        (vi)   whether any payment was made out of the fund in furtherance of
               a purpose other than the purpose for which the fund was
               operated and, if any payment was so made, the amount of each
               payment and the purpose for which it was made;

        (vii)  whether any moneys were transferred from the fund to any other
               fund or any account operated by the organisation and, if any
               moneys were so transferred, a description of each fund or
               account to which the moneys were transferred and the amount
               transferred to each fund or account;

        (viii) in respect of:

                (A)  each payment particulars of which are given in accordance
                     with subparagraph (vi); and

                (B)  each transfer particulars of which are given in
                     accordance with subparagraph (vii);
the designation within the organisation of the person who approved the payment
or transfer and the date on which the approval was given; and

        (ix)   the amount of the balance of the fund at the end of the
               financial year or, in the case of a fund that the organisation
               ceased to operate before the end of the financial year, the
               amount of the closing balance and, if any part of that balance
               or closing balance has been invested in any assets, the amount
               so invested and a description of those assets.

(3) In subregulation (2):

   (a)  a reference to a person includes a reference to any body whether
        corporate or unincorporated; and

   (b)  a reference to a prescribed donation or grant or to a prescribed loan
        is a reference to a donation or grant made, or a loan granted, as the
        case may be, by an organisation to a member of the organisation on the
        certification of the officer of the organisation authorising the
        donation or grant, or the loan, as the case may be, that the officer
        was satisfied, from investigations made by the officer, that the
        donation or grant, or the loan, was necessary to relieve the member or
        a dependant of the member from severe financial hardship.

(4) Any information that is required to be made available to a member of an
organisation, or to a Registrar, under subsection 274 (2) of the Act:

   (a)  shall be in writing signed by the secretary, or any other executive
        officer, of the organisation; and

   (b)  shall:

        (i)    if the application was made by a Registrar-be delivered by hand
               at, or sent by pre-paid post to, the office of that Registrar;

        (ii)   if the application was made by a member of the organisation and
               specifies an address in relation to the member-be sent by
               pre-paid post to that address; or

        (iii)  in any other case-be left for collection at the office of the
               organisation.

(5) For the purposes of subsection 274 (2) of the Act, the prescribed time is:
(a) in relation to an application made under subsection 274 (1) of the Act by
a member of an organisation:

        (i)    except where subparagraph (ii) applies-28 days after the day of
               receipt of the application for the information; or

        (ii)   where, on an application by the secretary, or any other
               executive officer, of the organisation (whether before or after
               the end of the period referred to in subparagraph (i)), a
               Registrar certifies that he or she is satisfied that, for
               reasons outside the control of the organisation, it was, or is,
               not practicable for the organisation to make the information
               available to the member within that period-6 weeks after the
               day of receipt of the application for the information; or

   (b)  in relation to an application made under subsection 274 (1) by a
        Registrar-28 days after the day of receipt of the application for the
        information.