Conciliation and Arbitration Amendment Act 1980 (Cth)

Conciliation and Arbitration Amendment Act 1980

No. 35 of 1980

An Act to amend the Conciliation and Arbitration Act 1904

[Assented to 22 May 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Conciliation and Arbitration Amendment Act 1980.

(2) The Conciliation and Arbitration Act 1904 is in this Act referred to as the Principal Act.

Commencement

2. (1) Sections 1, 2 and 3 shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act shall come into operation on the date fixed by Proclamation under sub-section 2(2) of the Conciliation and Arbitration Amendment Act (No. 3) 1977 with respect to section 25 of that Act.

Effect of appointment of Judge as President or Deputy President of Trade Practices Tribunal

3. Section 103b of the Principal Act is amended by omitting sub-section (2).

Interpretation

4. Section 158aa of the Principal Act is amended—

(a) by omitting the definition of “auditor” and substituting the following definition:

“‘auditor’, in relation to an organization, means—

(a) the person who is the holder of the office of auditor referred to in section 158ae; or

(b) where a firm is the holder of that office—each person who, from time to time, is a member of that firm;”; and

(b) by omitting the definition of “organization”.

5. After section 158aa of the Principal Act the following section is inserted:

Application of Part with respect to organizations divided into branches

“158aaa.(1) Where an organization is divided into branches—

(a) this Part (other than this sub-section) applies to, and in relation to, the organization as if the financial affairs (including transactions) of a branch did not form part of those of the organization; and

(b) this Part (other than this sub-section) applies to, and in relation to, each of the branches as if the branch were itself an organization.

“(2) For the purposes of the application of this Part, in accordance with paragraph (b) of sub-section (1), to, or in relation to, a branch of an organization—

(a) the members of the organization constituting the branch shall be deemed to be members of the branch;

(b) any employees of the organization employed in connection with the branch (whether or not they are also employed in connection with any other branch or branches) shall be deemed to be employees of the branch; and

(c) any journal published by the organization shall be deemed to be a journal published by the branch.”.

Application

6. Section 158ab of the Principal Act is amended—

(a) by inserting “on or” after “commences”; and

(b) by adding at the end thereof the following sub-section:

“(2) In the application of this section, at any time after the commencement of this Part, to or in relation to an organization that was not an organization at the commencement of this Part, the reference in sub-section (1) to the date of commencement of this Part shall be read as a reference to the date on which the organization became an organization.”.

Organization to keep proper accounting records

7. Section 158acof the Principal Act is amended by inserting after sub-section (1) the following sub-section:

“(1a) Accounting records of an organization may, in so far as they relate to the income and expenditure of the organization, be kept on a cash basis or on an accrual basis, at the option of the organization.”.

8. Section 158ad of the Principal Act is repealed and the following section substituted:

Organization to prepare accounts, &c.

“158ad. (1) As soon as practicable after the end of each financial year, an organization shall cause to be prepared from the accounting records kept by the organization, in accordance with sub-section (1) of section 158ac, in respect of that financial year, such accounts and other statements, in respect of that financial year, as are prescribed, and shall include in the accounts so prepared (not being accounts prepared in respect of the first financial year in relation to the organization to which this Part applies) the relevant figures from the accounts prepared by the organization, in accordance with this sub-section, in respect of the preceding financial year.

Penalty: $1,000.

“(2) The regulations may make provision for and in relation to the giving of certificates in, or in relation to, accounts or other statements prepared in accordance with sub-section (1).”.

9. After section 158ad of the Principal Act the following section is inserted:

Information to be provided to members or Registrar

“158ada. (1)An organization shall, on the application of a member of the organization, or of the Registrar, made as prescribed, make available to the member or to the Registrar, as the case may be, in such manner and within such time as is prescribed, such information concerning the organization, being information of a prescribed kind, as is requested in the application.

Penalty: $1,000.

“(2) The Registrar shall not make an application under sub-section (1) except at the request of a member of the organization concerned, and the Registrar, when he receives information as a result of an application made at the request of such a member, shall furnish that information to that member.

“(3) Any accounts prepared in accordance with section 158ad shall include a notice drawing attention to the provisions made by sub-sections (1) and (2) and setting out a copy of those sub-sections.

Penalty for any contravention of this sub-section: $1,000.”.

Auditors of organizations

10. Section 158ae of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-sections:

“(1) An organization shall ensure that there is an auditor of the organization holding office at any time when such an auditor is required for the purposes of the operation of this Part in relation to the organization.

Penalty: $1,000.

“(1a) An auditor referred to in sub-section (1) shall be a competent person or a firm all the members of which are competent persons.

“(1b) A person shall not accept appointment of himself, or of a firm of which he is a member, as auditor of an organization unless he or each member of the firm, as the case may be, is a competent person.

Penalty: $500.

“(1c) An auditor of an organization, being the holder of the office of auditor of the organization, shall resign his appointment as such auditor if he ceases to be a competent person.

Penalty: $500.

“(1d) An auditor of an organization, being a member of a firm that is the holder of the office of auditor of the organization, shall take whatever steps are open to him to ensure that the firm resigns its appointment as such auditor if he ceases to be, or becomes aware that another member of the firm has ceased to be, a competent person.

Penalty: $500.”;

(b) by inserting in sub-section (2) “, not being a requirement set out in another provision of this Part that provides for a penalty for its contravention” after “auditor” (second occurring); and

(c) by omitting from sub-section (3) “sub-section (1)” and substituting “sub-section (1a)”.

Powers and duties of auditors

11. Section 158af of the Principal Act is amended—

(a) by omitting sub-sections (1) and (2) and substituting the following sub-section:

“(1) An auditor of an organization shall inspect and audit the accounting records kept by the organization in respect of each financial year and shall, within the prescribed period after the end of that year, make a report in respect of that year to the organization.”; and

(b) by omitting paragraph (a) of sub-section (5) and substituting the following paragraph:

“(a) whether in his opinion—

(i) there were kept by the organization in respect of that financial year satisfactory accounting records, including—

(a) records of the sources and nature of the income of the organization (including income from members); and

(b) records of the nature and purposes of the expenditure of the organization; and

(ii) the accounts and statements prepared in accordance with section 158ad from the accounting records of the organization kept in respect of that financial year were properly drawn up so as to give a true and fair view of—

(a) the financial affairs of the organization as at the end of that financial year; and

(b) the income and expenditure, and any surplus or deficit, of the organization for that financial year; and”.

12. After section 158af of the Principal Act the following sections are inserted:

Fees and expenses of auditors

“158afa. An organization shall pay the reasonable fees and expenses of an auditor of the organization.

Removal of auditor from office

“158afb. An auditor of an organization shall not be removed from office during his term of appointment unless his removal is effected—

(a) where he was appointed by the committee of management of the organization—by resolution passed at a meeting of that committee by an absolute majority of the members of that committee; or

(b) where he was appointed by a general meeting of the members of the organization—by resolution passed at such a general meeting by a majority of the members of the organization voting at that meeting.”.

Copies of reports, &c., to be filed with Registrar

13. Section 158ah of the Principal Act is amended—

(a) by omitting from sub-section (3) “the finances and the financial administration of the organization concerned” and substituting “that deficiency, failure or shortcoming or that matter, as the case may be”;

(b) by inserting after sub-section (3) the following sub-sections:

“(3a) On receipt of a request under sub-section (3), the Bureau shall investigate the deficiency, failure or shortcoming or the matter, as the case may be, the subject of the request.

“(3b) Where, having regard to matters that have been brought to notice in the course of, or as a result of, an investigation under sub-section (3a), the Director and the Registrar form the opinion that there are grounds for investigating the finances or the financial administration of the organization concerned, the Bureau may make such an investigation.”;

(c) by omitting from sub-section (5) “(3) or”;

(d) by omitting from sub-section (6) “sub-section (5)” and substituting “sub-section (3a), (3b) or (5)”; and

(e) by omitting from sub-section (8) “sub-section (5)” and substituting “sub-section (3a), (3b) or (5)”.