Conciliation and Arbitration Regulations (Amendment) (Cth)

Statutory Rules 1986 No. 1541

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Conciliation and Arbitration Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Conciliation and Arbitration Act 1904.

Dated 27 June 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

R. WILLIS

Minister of State for

Employment and Industrial Relations

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1. After regulation 149 of the Conciliation and Arbitration Regulations the following regulation is inserted:

Accounts prescribed for purposes of section 158an of the Act

“149a. For the purposes of sub-section 158an(3) of the Act, each of the following accounts is prescribed in respect of a financial year in respect of an organization:

(a) an account of all the income and expenditure of the organization during that financial year, being an account (without limiting the generality of the foregoing) that sets out such of the following particulars of the income and expenditure of the organization during the financial year as are applicable:

(i)the total amount received as entrance fees, or periodic contributions, for membership of the organization;

(ii) the total amount of any grants or donations received;

(iii) the total amount of any grants or donations paid;

(iv) where the organization is divided into branches and the rules of the organization provide that each branch of the organization shall pay to the organization, as a contribution towards the administrative expenses of the organization, a proportion of the total amount received by the branch as entrance fees or membership contributions—the total amount so paid to the organization by its branches;

(v) where the organization is a branch of another organization and the rules of the other organization provide that the other organization shall pay to each of its branches, as a contribution towards the administrative expenses of that branch, a proportion of the total amount received by the other organization as entrance fees or membership contributions—the total amount so paid to the first-mentioned organization by the other organization;

(vi) the total amount paid as fees or periodic contributions for the affiliation of the organization to any political party or other body;

(vii) the total amount paid as administrative expenses, professional fees or remuneration to holders of offices in, or to employees of, the organization;

(viii) where any assets of the organization have been sold for, or revalued at, more than $1,000—the amount of profit or loss arising out of that sale or revaluation;

(ix) whether there is an excess of income over expenditure or an excess of expenditure over income and, in either case, the amount of that excess; and

(b) an account of the assets and liabilities of the organization as at the end of that financial year, being an account (without limiting the generality of the foregoing) that sets out such of the following particulars of the assets or liabilities of the organization as are applicable:

(i) the total cash in hand;

(ii) the total cash at bank;

(iii) the total amount of loans made by the organization;

(iv) the total amount of loans made to the organization;

(v) the total book value of investments and fixed assets including, and also specifying separately—

(A) the total book value of real property; and

(B) the total book value of other assets each of which is valued in excess of $1,000;

(vi) the total amount of the balance of all funds the operation of which is required by the rules of the organization;

(vii) the balance of the general fund.”.

Certificates to be given in accounts

2. Regulation 152 of the Conciliation and Arbitration Regulations is amended—

(a) by inserting in sub-regulation (1) “or 158an(3), whichever is applicable,” after “158ad(1)”;

(b) by inserting in sub-paragraph (1) (a) (iv) “in the case of accounts prepared in accordance with sub-section 158ad(1) of the Act—” before “any payment”;

(c) by inserting after sub-paragraph (1) (a) (iv) the following sub-paragraph:

“(iva) in the case of accounts prepared in accordance with sub-section 158an(3) of the Act—any payment was made out of a fund referred to in sub-paragraph 149a(b) (vi) for a purpose other than the purpose for which the fund was operated and, if any such payment was so made, whether it was approved in accordance with the rules of the organization;”;

(d) by omitting from paragraph (1) (b) “a certificate of” and substituting “a certificate given by”;

(e) by omitting from sub-paragraph (1) (b) (iii) “and”;

(f) by omitting sub-paragraph (1) (b) (iv) and substituting the following sub-paragraphs:

“(iv) in the case of accounts prepared in accordance with sub-section 158ad (1) of the Act—whether the organization has, in relation to any report of the auditor prepared in accordance with section 158afof the Act in respect of the immediately preceding financial year and in relation to any accounts and statements prepared in accordance with section 158ad in respect of that immediately preceding financial year, complied with whichever of the provisions of sub-sections 158ag (1) and (4a) or (4b) of the Act are applicable; and

(v) in the case of accounts prepared in accordance with sub-section 158an (3) of the Act—whether the organization has, in relation to any report of the auditor prepared in accordance with section 158af of the Act in respect of the immediately preceding financial year and in relation to any accounts and statements prepared in accordance with sub-section 158an(3) of the Act in respect of the immediately preceding financial year, complied with the provisions of sub-sections 158an (5) and (6) of the Act”; and

(g) by inserting after sub-regulation (1) the following sub-regulations:

“(1a)A statement made in respect of an organization pursuant to sub-paragraph (1) (b) (iv) is not admissible as evidence in proceedings against the organization under sub-section 158ag(2) of the Act for an offence against sub-section 158ag(1) of the Act or under sub-section 158ag (5) of the Act for an offence against sub-section 158ag (4a) or (4b) of the Act.

“(1b) A statement made in respect of an organization pursuant to sub-paragraph (1) (b) (v) is not admissible as evidence in proceedings against the organization under sub-section 158ag (5) of the Act (as applied to the organization by sub-section 158an (2) of the Act) for an offence against sub-section 158an (5) or under sub-section 158an (7) of the Act for an offence against sub-section 158an (6) of the Act.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1986.

2. Statutory Rules 1956 No. 60 as amended to date. For previous amendments see Note 2 to Statutory Rules 1986 No. 93 and see