Fair Work (Registered Organisations) Regulations 2009 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
These Regulations are the
Fair Work (Registered Organisations) Regulations 2009 .Note: These Regulations were originally made as the
Workplace Relations (Registration and Accountability of Organisations) Regulations 2003 . They were amended substantially in 2009, as a consequence of the enactment of theFair Work Act 2009 and theFair Work (Transitional Provisions and Consequential Amendments) Act 2009 .
(1) In these Regulations:
Act means theFair Work (Registered Organisations) Act 2009 .
authorised , in relation to a person making, signing or lodging a document with the FWC, means a person authorised in accordance with regulation 12.
demarcation dispute means a demarcation dispute within the meaning given by section 6 of the Act applied as if references in that definition to an organisation included a reference to a transitionally recognised association.
designated civil penalty provision means:
(a) a civil penalty provision (see subsection 305(2) of the Act); or
(b) a civil remedy provision within the meaning of the
Fair Work Act 2009 .
designated offence means an offence that is:
(a) a prescribed offence (see section 212 of the Act); or
(b) an offence that is subject to an infringement notice under section 1317DAN of the
Corporations Act 2001 .
Fair Work Inspector has the meaning given by section 12 of the Fair Work Act.
Full Bench has the meaning given by section 12 of the Fair Work Act.
government authority has the meaning given by subregulation 176M(3).
industrial body has the meaning given by section 12 of the Fair Work Act.
prepaid envelope means the envelope referred to as “another envelope” in:
(a) paragraph (a) of the definition of
postal ballot in section 6 of Schedule 1 to the Act; and(b) paragraphs 65(6)(b), 102(3)(b) and 188(b) of Schedule 1 to the Act.
Procedural Rules means rules made by the President of the FWC under section 609 of the Fair Work Act.Note: Several words and expressions used in these Regulations have the meaning given by the Act. For example:
· Fair Work Act
· FWC
· transitionally recognised association
· State‑registered association
(2) A reference to a form by number is a reference to the form of that number in Schedule 3.
(1) For the definition of
declaration envelope in section 6 of the Act, a declaration envelope provided to a voter by a person conducting an election or ballot must comply with the following form:
(a) the declaration envelope must be a smaller envelope that fits inside a prepaid envelope without needing to be folded;
(b) the declaration envelope must contain on it a removable flap or label with the following details printed on it:
(i) the name and postal address of the voter;
(ii) the declaration mentioned in subregulation (2);
(iii) a place for the signature of the voter.
(2) The declaration must state that the voter:
(a) is the voter named on the envelope; and
(b) has voted on the ballot paper contained in the envelope; and
(c) has not voted before in this ballot.
(3) To preserve the secrecy of the vote, the person conducting the election or ballot must remove the flap or label mentioned in paragraph (1)(b) from the declaration envelope before removing the ballot paper from the envelope.
For paragraph (a) of the definition of
postal ballot in section 6 of the Act, and for paragraphs 65(6)(b), 102(3)(b) and 188(b) of the Act the envelope referred to as ‘another envelope’ must comply with the following form:
(a) the envelope must be an outer envelope that the person conducting the election is satisfied is large enough to have a declaration envelope placed in it for return to that person;
(b) the return address of the person conducting the election must be printed on the envelope.
For the definition of
employing authority in section 6 of the Act, an employing authority that is prescribed for the definition ofemploying authority in subsection 795(6) of the Fair Work Act is prescribed.
For paragraph (c) of the definition of
State industrial authority in section 6 of the Act, a State board, court, tribunal, body or official that is prescribed for paragraph (c) of the definition ofprescribed state industrial authority in section 12 of the Fair Work Act is prescribed.
(1) For subsection 9A(1) of the Act, an organisation mentioned in column 3 of an item in Schedule 1A is prescribed as the federal counterpart of an association of employers or employees registered under a State or Territory industrial law mentioned in column 2 of the item.
Note: Subsection 9A(2) of the Act sets out the circumstances in which an organisation is a federal counterpart of an association of employers or employees registered under a State or Territory industrial law, if subsection 9A(1) does not apply to the association.
(2) To avoid doubt, the validity or operation of an item in Schedule 1A is not affected merely because:
(a) the name of an organisation or association changes for a reason that is not associated with a change in eligibility rules or coverage; or
(b) an error or misdescription is made in the name of an organisation or association.
For subsections 52(1), 104(1), 192(1) and 198(7), paragraph 233(1)(a) and subsection 236(1) of the Act, a prescribed officer of an organisation or branch is an officer of the organisation or branch, other than the secretary, who is authorised under the rules of the organisation or branch to make, sign or certify the declaration mentioned in the subsection or paragraph.
For Part 7 of Chapter 11 of the Act, South Australia is a prescribed State.
For Part 7 of Chapter 11 of the Act, the
Fair Work Act 1994 (SA) is a prescribed State Act.
(1) An officer of an association, organisation, branch, constituent part or reporting unit is authorised to make, sign or lodge any document (however described) under the Act or these Regulations if the officer is authorised to do so:
(a) by the association, organisation, branch, constituent part or reporting unit; or
(b) by the rules of the association, organisation, branch, constituent part or reporting unit.
(2) A person is authorised to make, sign or lodge a document under the Act or these Regulations on behalf of another person if the person has the written authority of the other person.
(3) An officer or person is authorised to make, sign or lodge a document under the Act or these Regulations on behalf of a company that is not an organisation if the officer or person is authorised under the seal of the company to do so.
(4) A person is authorised to make, sign or lodge a document under the Act or these Regulations on behalf of a committee of management if the person is authorised to do so by the committee.
(1) Any document required under the Act or these Regulations to be lodged with the FWC may be lodged by:
(a) leaving it with the General Manager; or
(b) properly addressing, prepaying and posting the document; or
(c) electronic means prescribed by the Procedural Rules; or
(d) any means authorised in writing by the FWC.
(2) An application or notice lodged with the FWC must:
(a) if lodged by an organisation—be under the common seal of the organisation or be signed by a person authorised to sign the application or notice; or
(b) if lodged by an association or branch—be signed by a person authorised to sign the application or notice; or
(c) if lodged by a committee of management—be signed by a member of the committee of management; or
(d) if jointly lodged—be signed in accordance with this subregulation by each party to the lodgment; or
(e) if lodged by an individual—be signed by the individual.
A notice of objection lodged with the FWC must:
(a) state the name and address of the organisation, association or person lodging the notice of objection (the
objector ); and(b) state the grounds of objection; and
(c) set out the particulars of each ground of objection; and
(d) briefly state the facts the objector relies on for each ground of objection.
(1) Every document lodged with the FWC must be endorsed with:
(a) the name of the party lodging the document; and
(b) an address that may be used as an address for service.
(2) A document lodged by an association, organisation or person with an electronic mailing address may be endorsed with an electronic address for service.
(3) A document may be served electronically on an association, organisation or person with an electronic address for service.
(1) A person who is required under the Act or these Regulations to publish notice of a matter in a specified manner may publish an additional notice of the matter by other reasonable means.
(2) If the Act or these Regulations require the FWC or the General Manager to publish any application or notice in the
Gazette or a newspaper, the application or notice must also be published on FWC’s web site.(3) A notice published by the FWC or the General Manager in the
Gazette , in a newspaper or on FWC’s web site must include the postal address and electronic mailing address of the FWC or General Manager for lodgment and service of documents.(4) An application published by the FWC or the General Manager in the
Gazette , in a newspaper or on FWC’s web site must be accompanied by a note advising that a copy of the application, and copies of any documents relating to the application, can be obtained from the General Manager on the request of:
(a) any organisation, association, branch, constituent part or reporting unit; or
(b) a member of one of those bodies.
(5) The General Manager must supply a copy of an application to the organisation, association, branch, constituent part, reporting unit or member as soon as practicable after receiving a request under subregulation (4).
(6) Unless the Act or these Regulations provide otherwise, a document that is required by this regulation to be published on a web site must be published on the web site no later than the day the document is required to be published by other means.
If the General Manager or the AEC is required or permitted, under the Act or these Regulations, to send (by any means) a document (however described) to an association, organisation, branch, reporting unit or constituent part, unless the Act, these Regulations or the rules of the association, organisation, branch, reporting unit or constituent part provide otherwise, the document may be sent by:
(a) giving an electronic copy of the document to the association, organisation, branch, reporting unit or constituent part on a disk or other storage device; or
(b) sending an electronic copy of the document to the electronic mailing address of the association, organisation, branch, reporting unit or constituent part.
(1) The General Manager, the AEC or an association, organisation, branch, reporting unit or constituent part may supply a copy of a document (however described) to a person by any method, and in any form, agreed with the person.
Examples
1 By giving a hard copy of the document to the person.
2 By giving an electronic copy of the document to the person on a disk or other storage device.
3 By sending an electronic copy of the document to the person’s electronic mailing address.
4 By publishing a copy of the document on a web site on the Internet accessible by the person.
(2) Unless the Act or these Regulations provide otherwise, the General Manager, AEC, organisation, branch, reporting unit or constituent part may, before supplying a person with a copy of a document in a particular form under subregulation (1), charge the person an amount to cover the reasonable cost of supplying the copy in that form.
(3) A person may agree under subregulation (1) to receive copies of all or any documents by a particular method or in a particular form.
(1) A request under section 347 of the Act:
(a) may be made electronically; and
(b) must be made in accordance with the rules of the organisation or branch.
(2) An organisation or branch must respond to a request within 28 days after receiving the request.
(3) For paragraph 347(4)(d) of the Act, the prescribed fee is $20 or the cost of providing the copy, whichever is less.
(4) For paragraph 347(4)(e) of the Act, the prescribed fee is $5 or the cost of providing the copy, whichever is less.
(1) A person may, after giving reasonable notice, inspect at the FWC:
(a) a document lodged with the FWC under the Act (other than a document lodged under section 236, 237 or 272 or Part 4A of Chapter 11 of the Act); or
(b) a document lodged with the FWC under these Regulations.
(2) The person may, on application, obtain an office copy or a certified copy of a document that the person has inspected.
(1) An application by an association under section 18 of the Act for registration as an organisation must:
(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and
(b) contain a declaration, made by an officer of the association authorised to make the declaration, verifying the facts stated in the application and in any document lodged with the application; and
(c) be lodged with the FWC; and
(d) be lodged with the following documents:
(i) a list of the members of the association, showing the name and postal address of each member;
(ii) a list of the offices in the association and in each branch of the association;
(iii) a list of the names, postal addresses and occupations of the persons holding the offices;
(iv) a list of the branches of the association, showing for each branch its name and the location of its office;
(v) the rules of the association and the rules of each of its branches;
(vi) a copy of a resolution in favour of the registration of the association as an organisation passed in accordance with the rules of the association by a majority of the members of the association present at a general meeting of the association or by an absolute majority of the committee of management of the association.
(2) An association applying for registration may lodge with the FWC an additional statement supporting the application.
As soon as practicable after receiving an application for registration, the General Manager must publish a notice in the
Gazette stating that an application for registration has been received.
(1) Any interested organisation, association or person (the
objector ) may, no later than 35 days after a notice under regulation 22 is published in theGazette , lodge with the FWC a notice of objection to the registration of the association.(2) The notice of objection must:
(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and
(b) be lodged with the FWC; and
(c) comply with the requirements of regulation 14.
(3) The FWC may allow an objector to amend a notice of objection if:
(a) a further application is made; and
(b) the objector satisfies the FWC that the objector has further grounds for objection arising from the application mentioned in paragraph (a).
(4) Within 7 days after a notice of objection is lodged with the FWC, the objector must serve a copy of the notice of objection on the association.
(5) An association:
(a) may, no later than 14 days after service on it under subregulation (4) of a copy of the notice of objection, lodge with the FWC, in answer to the objection, a written statement signed by an officer of the association authorised to sign the statement; and
(b) must, no later than 7 days after lodging a written statement under paragraph (a), serve a copy of that statement on the objector.
(1) The FWC, in dealing with an application for registration, must not:
(a) refuse to grant the application without giving the applicant an opportunity to be heard; or
(b) grant the application without giving an objector who has complied with regulation 23 an opportunity to be heard.
(2) The FWC, in order to give the applicant and the objector mentioned in paragraph (1)(b) (the
objector ) an opportunity to be heard, must:
(a) fix a time and place for a hearing; and
(b) notify the applicant and the objector of the time and place fixed for the hearing.
(3) At the hearing, the FWC may give directions relating to the manner in which the hearing is to proceed and may:
(a) determine the matter without further delay; or
(b) adjourn the proceedings to a later day; or
(c) with the agreement of the applicant and the objector, determine the matter on a later day without a further hearing.
(1) An association seeking to withdraw an application for registration may, at any time before the application is determined by the FWC, lodge with the FWC:
(a) a notice of withdrawal; and
(b) a resolution in favour of withdrawing an application for registration passed in accordance with the rules of the association by a majority of the members present at a general meeting of the association or by an absolute majority of the committee of management of the association.
(2) A notice of withdrawal must:
(a) contain a declaration made by an officer of the association authorised to make the declaration verifying the facts stated in the notice of withdrawal, and any documents lodged with the application; and
(b) be lodged with the FWC.
(3) The General Manager must publish the notice of withdrawal in the
Gazette as soon as practicable after the notice is lodged.
For paragraph 23(2)(b) of the Act, the following persons are prescribed:
(aa) the General Manager;
(a) an officer of an association or organisation of which the person mentioned in paragraph 23(2)(a) of the Act is a member;
(b) a Fair Work Inspector.
An application by an association under section 25 of the Act to change its name or alter its rules must, unless the FWC otherwise directs, be:
(a) in the form set out in the Procedural Rules or in a form otherwise approved by the President; and
(b) lodged with the FWC.
An association that has altered its rules in accordance with leave granted by the FWC under subsection 25(1) of the Act must:
(a) within 35 days after altering its rules, lodge with the FWC:
(i) 2 copies of the alterations; and
(ii) a declaration, signed by an officer of the association authorised to sign the declaration, verifying the alterations; and
(b) within 7 days after lodging the copies of the alterations with the FWC, serve a copy of the alterations on any objector who has lodged a notice of objection under regulation 23.
For subsection 26(1) of the Act, the following particulars are prescribed:
(a) the name of the association applying for registration;
(b) the eligibility rules of the association;
(c) if the association is registered in relation to a particular industry—a description of the industry;
(d) if the association is an enterprise association—the name of the enterprise.
For subsection 26(4) of the Act, the prescribed form for a certificate of registration is Form 1.
(1) Before the General Manager may exercise his or her powers under subsection 26(6) of the Act, the General Manager must be satisfied the certificate of registration issued under subsection 26(4) of the Act to an organisation has been defaced, lost or destroyed.
(2) If the certificate of registration has been defaced, the organisation must surrender the certificate to the General Manager before the General Manager may issue the organisation with a copy of, or a certificate replacing, the certificate of registration.
(3) A certificate issued under subsection 26(6) of the Act replacing a certificate of registration must be in a form approved by the General Manager.
(4) If, after a replacement certificate has been issued under subsection 26(6) of the Act, the organisation finds the certificate that was thought to have been lost or destroyed, the organisation must surrender the certificate that was thought to have been lost or destroyed to the General Manager.
(1) The General Manager, on the application of an organisation, must supply the organisation with an extract of entry from the register kept under subsection 13(1) of the Act in relation to that organisation.
(2) An application under subregulation (1) must be:
(a) in a form approved by the General Manager; and
(b) lodged with the FWC.
(3) An extract of entry from the register in relation to an organisation must:
(a) be in a form approved by the General Manager; and
(b) be certified by the General Manager to be an accurate record of the register; and
(c) contain the following particulars:
(i) the date of registration of the organisation;
(ii) the name of the organisation when it was registered;
(iii) the date of cancellation of the registration (if applicable);
(iv) the name of the organisation when its registration was cancelled (if applicable);
(v) the current name of the organisation;
(vi) any other particular the General Manager mentioned in paragraph (b) considers appropriate.
An organisation may apply under paragraph 30(1)(a) of the Act for the cancellation of its registration if approval has been given to the organisation to apply for the cancellation of its registration by a majority of the members voting at a ballot of the members taken:
(a) in accordance with any rules that apply; or
(b) if no rules apply—in accordance with:
(i) any rules of the organisation providing for the election of any of its officers by a direct voting system; or
(ii) if subparagraph (i) does not apply—procedures approved by the FWC.
(1) An application by an organisation under paragraph 30(1)(a) of the Act for the cancellation of its registration must:
(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and
(b) set out full particulars of the circumstances that entitle the organisation to make the application; and
(c) contain a declaration signed by an officer of the organisation authorised to sign the declaration verifying the facts in the application; and
(d) be lodged with the FWC.
(2) An organisation that has a web site must publish on its web site a notice that it has lodged the application mentioned in subregulation (1).
(3) The FWC, on receipt of an application mentioned in subregulation (1), must publish a notice of the receipt of the application in the
Gazette .(4) Within 35 days after publication of the notice mentioned in subregulation (3), an interested person (the
objector ) may lodge with the FWC a notice of objection to the application for cancellation of registration.(5) A notice of objection must:
(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and
(b) be lodged with the FWC; and
(c) comply with the requirements of regulation 14.
(6) An objector must, within 7 days after lodging a notice of objection under subregulation (4), serve copies of the notice of objection on the organisation applying to cancel its registration.
(7) The FWC must:
(a) fix a time and place for hearing the application and any objection to the application; and
(b) notify the organisation and any objector of the time and place fixed for the hearing.
(8) The FWC must not:
(a) refuse to grant an application for cancellation of registration without giving the applicant an opportunity to be heard; or
(b) grant the application without giving any objector an opportunity to be heard.
(1) An application under paragraph 30(1)(b) of the Act for the cancellation of the registration of an organisation must:
(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and
(b) state the grounds for the application; and
(c) briefly state the facts the applicant relies on to support the application; and
(d) contain a declaration signed by the applicant or a person authorised by the applicant verifying the facts stated in the application; and
(e) be lodged with the FWC.
(2) The applicant must, within 7 days after lodging an application for the cancellation of the registration of an organisation, serve a copy of the application on the organisation.
(3) If an application is made for the cancellation of the registration of an organisation on one of the grounds mentioned in paragraph 30(1)(b) of the Act, the FWC must, with a view to satisfying itself whether the registration of the organisation is liable to cancellation on that ground, give the organisation an opportunity to make written submissions to the FWC and, if the organisation wishes to be heard, to be heard in support of any of those submissions.
(1) For paragraph 30(1)(c) of the Act, the FWC must, with a view to satisfying itself that an organisation is defunct, comply with the following subregulations.
(2) The FWC must make appropriate inquiries by letters sent by post to:
(a) the organisation at its office; and
(b) the members of the committee of management of the organisation as last known to the FWC at their postal addresses as last known to the FWC.
(3) If, after inquiries made under subregulation (2), the FWC fails to satisfy itself whether the organisation is defunct, the FWC must publish in the
Gazette a notice stating that:
(a) subject to consideration of any objections lodged in accordance with the notice, the registration of the organisation will, at the end of one month after the date of publication of the notice, be cancelled on the ground that the organisation is defunct; and
(b) a person who wishes to show cause why the registration of the organisation should not be cancelled on that ground may, within one month after the date of publication of the notice, lodge with the FWC a notice of objection.
(4) A notice of objection must:
(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and
(b) be lodged with the FWC; and
(c) comply with the requirements of regulation 14.
(5) If a person has lodged a notice of objection under paragraph (3)(b), the FWC must give the person an opportunity to appear before it and to be heard in support of the objection.
(1) In this Division:
applicant , for a proposed amalgamation, means an organisation or association that is a party to an application under section 44 of the Act in relation to the proposed amalgamation.
ballot means a ballot mentioned in Part 2 of Chapter 3 of the Act.
closing day , for a ballot, means the day fixed as the closing day of the ballot under subsection 58(1) of the Act.
commencing day , for a ballot, means the day fixed as the commencing day of the ballot under subsection 58(1) of the Act.
inquiry means an inquiry by the Federal Court under section 69 of the Act into alleged irregularities in relation to a ballot.
Judge means a Judge of the Federal Court sitting in chambers.
multiple ballot paper means a ballot paper that, under subsection 65(3) of the Act, is to be used for 2 or more ballots.
scrutineer means a person appointed or allowed to be a scrutineer under subregulation 68(1) or (3).
(2) An expression used in this Division and in Part 2 of Chapter 3 of the Act has the same meaning in this Division as in that Part.
(3) A reference in this Division to a document (however described) being signed by an authorised officer of a body is a reference to the document being signed by an officer of the body authorised in accordance with regulation 12 to sign the document.
(4) A reference in this Division to a ballot paper includes a reference to a multiple ballot paper.
(1) An application under subsection 38(1) of the Act for recognition as a federation must be lodged with a copy of:
(a) the proposed rules of the proposed federation; or
(b) the agreement relating to the powers and functions of the proposed federation.
(2) For paragraph 38(2)(b) of the Act, the following particulars are prescribed:
(a) the name of the proposed federation;
(b) the names of its constituent organisations;
(c) its postal address or address for service;
(d) the names of its proposed officers.
(3) For subsection 38(3) of the Act, the period of 3 years is prescribed.
(4) For subsection 38(4) of the Act, the following details are prescribed:
(a) the federation’s name;
(b) the names of its constituent organisations.
(5) If a federation varies its composition under subsection 38(7) of the Act, the General Manager must enter particulars of the variation in the register kept under subsection 13(1) of the Act.
(6) For paragraph 38(8)(b) of the Act, the period of 3 years is prescribed.
(7) For paragraph 38(8)(c) of the Act, the following persons are prescribed:
(a) the Minister;
(b) a person or organisation interested in making an application under that paragraph.
(8) If, after a federation is registered under section 38 of the Act, there is a change to:
(a) any particular of a kind mentioned in subregulation (2); or
(b) the federation’s rules; or
(c) the agreement relating to the federation’s powers and functions;
the federation must, within 28 days after the change, give a statement to the General Manager setting out full particulars of the change.
Note: This subregulation is a civil penalty provision (see regulation 168).
An application under subsection 43(1) of the Act for a declaration must:
(a) be in writing; and
(b) state the grounds for making the application; and
(c) nominate one of the applicants as the applicant authorised to receive, on behalf of the applicants, service of:
(i) documents relating to the application or to the proposed amalgamation; and
(ii) documents relating to each proposed alternative amalgamation; and
(d) be lodged with the FWC.
(1) An application under subsection 44(1) of the Act must:
(a) be in writing; and
(b) state the grounds for making the application; and
(c) nominate one of the applicants as the applicant authorised to receive, on behalf of the applicants, service of documents relating to:
(i) the application or the proposed amalgamation; and
(ii) each proposed alternative amalgamation; and
(d) be lodged with the FWC; and
(e) be lodged with a copy, signed by an authorised officer of the applicant whose committee of management passed it, of each resolution under subsection 42(1) of the Act relating to the proposed amalgamation.
(2) Service of a document mentioned in paragraph (1)(c) on the applicant nominated for that paragraph is taken to be service on each of the applicants.
(3) If the proposed amalgamation, or any alternative provision of the proposed amalgamation, involves the registration of an association as an organisation, the application must be lodged with copies, each of which is signed by an authorised officer of each organisation lodging it, of documents relating to the association that are documents of a kind mentioned in subparagraph 21(1)(d)(i), (ii), (iii) or (iv).
An application for exemption from ballot under subsection 46(1) of the Act must:
(a) be in writing; and
(b) state the grounds for making the application.
An application under subsection 47(1) of the Act must:
(a) be of the kind mentioned in that subsection; and
(b) comply with paragraph 64(b) of the Act.
(1) A party to an application under subsection 43(1) or 44(1) of the Act may lodge with the FWC a notice of withdrawal of the application.
(2) The parties to an application under subsection 43(1) or 44(1) of the Act may jointly lodge with the FWC a notice of withdrawal of the application.
(3) A party to an application under subsection 46(1) or 47(1) of the Act may lodge with the FWC a notice of withdrawal of the application.
(4) Each party to the lodgment of a notice of withdrawal must lodge with the notice a statement, signed by an authorised officer of that party, that the committee of management of that party has passed a resolution approving the proposed withdrawal.
(5) The General Manager must take steps to ensure that a notice lodged under subregulation (1) is brought to the attention of the organisations, associations and persons likely to be affected by the withdrawal.
For subsection 54(3) of the Act, the following matters are prescribed:
(a) any proposed alteration to the name of an existing organisation concerned in the proposed amalgamation;
(b) any proposed alterations of the eligibility rules of an existing organisation concerned in the proposed amalgamation.
(1) If, under subsection 55(2) of the Act, the FWC refuses to approve the submission of an amalgamation to ballot, the General Manager must publish a notice of the refusal:
(a) in at least one newspaper; and
(b) no later than 14 days after the refusal.
(2) The General Manager must be of the opinion that the notice mentioned in subregulation (1) is likely to come to the attention of persons likely to be affected by the proposed amalgamation.
(3) The notice must state:
(a) the grounds mentioned in regulation 48; and
(b) that an objection must be lodged by the time prescribed under regulation 49.
(1) For section 56 of the Act, an objection is made by lodging a notice of objection with the FWC.
(2) A notice of objection must:
(a) be lodged within the time prescribed by regulation 49; and
(b) comply with the requirements of regulation 14.
For subsection 56(3) of the Act, any person or organisation interested in a proposed amalgamation is a prescribed person in relation to an objection to the proposed amalgamation.
For subsection 56(3) of the Act, each of the following grounds is a prescribed ground for an objection to a proposed amalgamation:
(a) if the proposed amalgamation involves the registration of an association as an organisation—the association does not meet (or, if the amalgamation takes effect, will not meet) the requirements for registration under Part 2 of Chapter 2 of the Act;
(b) if the proposed amalgamation involves a change in the name of an organisation—the proposed new name of the organisation is the same as that of another organisation or is so similar to the name of another organisation that it is likely to cause confusion;
(c) if the proposed amalgamation involves a widening of the eligibility rules of an existing organisation—there is another organisation to which persons who:
(i) are potential members of the amalgamating organisations; and
(ii) would be ineligible to join any of the amalgamating organisations if the rules of those organisations were not widened;
might more conveniently belong and would more effectively represent those members.
For subsection 57(1) of the Act, the prescribed time for making an objection under section 56 of the Act is:
(a) a time fixed by the FWC; or
(b) any additional time allowed by the FWC; or
(c) if no time is fixed by the FWC, 28 days after the date of publication (or, if there is more than one date of publication, the first date of publication) of a notice under regulation 45 relating to the relevant proposed amalgamation.
A person or organisation lodging a notice of objection under regulation 46 must serve a copy of the notice of objection, within 7 days of the lodgment, on the applicant nominated for paragraph 40(1)(c).
(1) All applicants served with a copy of a notice of objection under regulation 50 may jointly lodge with the FWC a statement that:
(a) is signed by authorised officers of each applicant organisation or association; and
(b) sets out the facts relied on in answer to the objection.
(2) A statement mentioned in subregulation (1) must be lodged no later than 14 days after the applicants are served with the copy of the notice of objection.
(3) A copy of the statement must be served on each party to the notice of objection within 7 days after the lodgement of the statement.
(1) The FWC, in dealing with the application for a proposed amalgamation, must:
(a) fix a time and place for the hearing of any objection made under section 56 of the Act in relation to the application; and
(b) serve notice of the time and place fixed for the hearing on:
(i) the applicants; and
(ii) each objector whose objection is to be heard at the hearing.
(2) For paragraph (1)(a), the FWC may fix separate hearings for different objections if the FWC thinks it appropriate.
(3) The FWC, in fixing a time under subregulation (1), must have regard to regulations 50 and 51.
(4) At the hearing of an objection, the FWC may, if it thinks fit, allow oral evidence to be given.
Before deciding to refuse to approve, under subsection 57(2) of the Act, the submission of an amalgamation to ballot, the FWC must give the applicants for the approval the opportunity to be heard.
If an organisation has applied for approval for the submission of an amalgamation to ballot, the General Manager must, as soon as practicable, supply the AEC with copies of:
(a) the scheme for the amalgamation lodged with the application under section 44 of the Act; and
(b) the written outline of the scheme of amalgamation lodged with the application under that section; and
(c) each statement lodged under section 48 or 60 of the Act in relation to the proposed amalgamation; and
(d) each amendment of, or document lodged in substitution for, a document mentioned in paragraph (a), (b) or (c).
(1) If the FWC has fixed, under section 58 of the Act, the commencing day and closing day of a ballot, the electoral official conducting the ballot must give notice of the fixing of the days to the members entitled to vote at the ballot.
(2) The electoral official may give a notice under subregulation (1) by post, by newspaper advertisement or by any other reasonable means the electoral official thinks necessary to ensure that the notice is brought to the attention of the members entitled to vote at the ballot.
The roll of voters for a ballot of the members of an organisation must:
(a) be prepared at the direction of the electoral official conducting the ballot; and
(b) set out opposite the name of each person on the roll the postal address of the person; and
(c) be closed no later than 14 days before the commencing day of the ballot.
(1) An electoral official conducting a ballot of the members of an organisation must make the roll available for inspection and copying during ordinary business hours at the place where the official carries out his or her duties in relation to the ballot, in the period starting the day after the day when the roll was closed under paragraph 56(c) and ending 30 days after the declaration of the result of the ballot.
(2) The electoral official must make the roll available for inspection and copying by:
(a) a member of the organisation; and
(b) any other person authorised by the electoral official.
(3) The roll may be kept, and copies may be supplied, electronically.
(4) If a copy of a roll, or a copy of part of a roll, is made or supplied under this regulation, a person must not use information in the roll for a purpose other than:
(a) a purpose in connection with the ballot; or
(b) to monitor the accuracy of the information contained in the roll.
Penalty: 10 penalty units.
If the AEC has received one or more documents under paragraph 54(a) or (b) and a member entitled to vote at the ballot makes a written or oral request to the electoral official conducting the ballot for a copy of any of those documents, the electoral official must, as soon as practicable after receiving the request from the member, supply the member with a copy or copies of any document requested without charge.
(1) If the FWC approves, under section 64 of the Act, a proposal, an electoral official must:
(a) fix the places, and the times of commencement and closing, of the meetings of members for the ballot on the proposal; and
(b) include in the notice given under regulation 55 in relation to the ballot details of:
(i) the places and times fixed under paragraph (a); and
(ii) the procedure for obtaining and exercising an absentee vote in relation to the ballot; and
(c) post to each member entitled to vote at the ballot, addressed to the postal address of the member shown on the roll of voters:
(i) a copy of the latest version (incorporating all subsequent alterations or amendments) of the written outline of the relevant scheme for amalgamation lodged under paragraph 44(2)(b) of the Act; and
(ii) copies of the latest version (incorporating all subsequent amendments) of each statement lodged under subsection 48(1) or 60(2) of the Act; and
(iii) notification of the entitlement of the member to obtain a copy of the relevant scheme for amalgamation lodged under paragraph 44(2)(a) of the Act or, if appropriate, of that scheme as amended or substituted, together with particulars of where and how the copy of the scheme may be obtained.
(2) Documents required to be sent under subregulation (1) must be sent in sufficient time for them to be delivered, in the ordinary course of post, at least 7 days before the relevant commencing day.
(1) A ballot paper for use in a ballot of the members of an organisation in relation to a proposed amalgamation must be in the appropriate form mentioned in subregulation (2) or (3).
(2) For a ballot in relation to a proposed amalgamation that does not contain an alternative provision:
(a) an organisation may elect to use a ballot paper in a form specified as appropriate for this paragraph; or
(b) if an election is not made, the organisation must use a form specified as appropriate for this paragraph.
(3) For a ballot in relation to a proposed amalgamation that contains an alternative provision:
(a) an organisation may elect to use a ballot paper in a form specified as appropriate for this paragraph; or
(b) if an election is not made, the organisation must use a form specified as appropriate for this paragraph.
(4) For subregulations (2) and (3),
specified means:
(a) specified in the Procedural Rules; or
(b) otherwise specifically approved by the President.
(5) An election under subregulation (2) or (3) must be approved by the committee of management of the organisation.
(6) A notice of an election under subregulation (2) or (3), and a statement, signed by an authorised officer of the organisation, that the committee of management of the organisation has approved the election, must be lodged with the FWC:
(a) at the time the relevant application under section 44 of the Act in respect of the proposed amalgamation is lodged; or
(b) within such further time as the FWC allows.
(7) The electoral official conducting a ballot may provide with the ballot paper:
(a) directions to be followed by a member entitled to vote in the ballot so that the vote complies with these Regulations; and
(b) other directions that the electoral official reasonably believes may assist in ensuring an irregularity does not occur in the conduct of the ballot; and
(c) notes to assist a member entitled to vote in the ballot by informing him or her of matters relating to conduct of the ballot.
For a ballot of the kind mentioned in section 64 of the Act, an electoral official must issue to each member entitled to vote at the ballot a ballot paper or multiple ballot paper (whichever applies) bearing:
(a) the initials of the electoral official; or
(b) a facsimile of those initials.
If a voter at a ballot of the kind mentioned in section 64 of the Act satisfies the presiding electoral official, before depositing the ballot paper or multiple ballot paper in the ballot box, that the voter has accidentally spoilt the paper, the official must:
(a) mark ‘spoilt’ on the paper and initial the marking; and
(b) keep the paper; and
(c) issue a fresh ballot paper or multiple ballot paper (whichever applies) to the voter.
For a ballot of a kind mentioned in section 65 of the Act, an electoral official must, as soon as practicable, but no earlier than 2 days before the commencing day of the ballot, post to each member entitled to vote at the ballot a sealed envelope, addressed to the postal address of the member shown on the roll of voters, containing:
(a) one ballot paper or multiple ballot paper (whichever applies) for the ballot:
(i) bearing the initials of the electoral official or a facsimile of those initials; and
(ii) stating the time, on the closing day of the ballot, by which the vote must be received; and
(b) any document the Act or these Regulations requires to be posted with the ballot paper; and
(c) any other material the electoral official considers to be relevant to the ballot; and
(d) a declaration envelope in which the voter must place his or her ballot paper; and
(e) a prepaid envelope, addressed to the AEC, that may be posted without cost to the voter; and
(f) details of the place where the voter may obtain a copy of:
(i) the relevant scheme for amalgamation lodged under paragraph 44(2)(a) of the Act; or
(ii) if appropriate, the scheme as altered or amended, or a subsequent scheme.
(1) If, on the written application of a member entitled to vote in a ballot, an electoral official is satisfied that:
(a) a ballot paper or multiple ballot paper; or
(b) another document required to be posted with a ballot paper or ballot papers;
that was posted to the member under regulation 63, or for subparagraph 64(b)(vi) of the Act:
(c) has not been received by the member; or
(d) has been lost or destroyed; or
(e) in the case of a ballot paper or multiple ballot paper, has been spoilt;
the electoral official must immediately issue a duplicate of the relevant document to the member.
(2) An application under subregulation (1) must:
(a) be received by the electoral official on or before the closing day of the ballot; and
(b) state the grounds for making the application; and
(c) if practicable, be accompanied by evidence that verifies, or tends to verify, those grounds; and
(d) contain a declaration to the effect that the member has not voted at the ballot; and
(e) in a case mentioned in paragraph (1)(e), be accompanied by that paper.
(3) An electoral official to whom a spoilt paper is returned under paragraph (2)(e) must deal with the paper in accordance with paragraphs 62(a) and (b).
After recording his or her vote, a voter must:
(a) comply with any direction under subregulation 60(7); and
(b) place the ballot paper in the declaration envelope, complete the declaration and seal the declaration envelope; and
(c) place the declaration envelope in the prepaid envelope and seal the prepaid envelope; and
(d) send the prepaid envelope to the AEC to reach the AEC no later than the time on the closing day of the ballot noted on the ballot paper.
(1) The electoral official conducting a ballot or ballots of the members of an organisation must keep the ballot papers and other material relating to the ballot or ballots in safe custody until a scrutiny is conducted in accordance with regulation 67.
(2) If, after the closing day of a ballot or ballots of the kind mentioned in section 65 of the Act, the electoral official receives envelopes purporting to contain ballot papers for the ballot or ballots, he or she must keep them in safe custody.
(1) The electoral official conducting a ballot must determine the result of the ballot by conducting a scrutiny in accordance with this regulation.
(2) As soon as practicable after the close of a ballot, the electoral official must:
(a) admit the valid votes and reject the informal votes; and
(b) count the valid votes, and record the number:
(i) in favour of the proposal; and
(ii) against the proposal; and
(c) count the informal votes.
(3) In the case of a scheme for amalgamation that contains a proposed alternative provision, if the electoral official is satisfied the result of the ballot on that provision is required to be known for the purposes of the Act he or she must:
(a) admit the valid votes, and reject the informal votes, on that provision; and
(b) count the valid votes, and record the number:
(i) in favour of that provision; and
(ii) against that provision; and
(c) count the informal votes on that provision.
(4) A vote is informal only if:
(a) the ballot paper does not bear:
(i) the initials of an electoral official; or
(ii) a facsimile of those initials; or
(b) the ballot paper is marked in a way that permits the voter to be identified; or
(c) the ballot paper is not marked in a way that makes it clear how the voter meant to vote; or
(d) a person returning material mentioned in paragraph 63(c) with the ballot paper does not comply with a direction given under subregulation 60(7).
(5) However, a vote is not informal because of paragraph (4)(a) if the electoral official is satisfied the ballot paper in question is authentic.
(6) If the electoral official conducting the ballot is informed by a scrutineer that the scrutineer objects to a ballot paper being admitted as formal or rejected as informal, the official must:
(a) decide whether the ballot paper is to be admitted as formal or rejected as informal; and
(b) endorse that decision on the ballot paper and initial the endorsement.
(7) If the electoral official conducting the ballot is informed by a scrutineer to the effect that, in the scrutineer’s opinion, an error has been made in the conduct of the scrutiny, the electoral official must decide whether an error has been made and, if appropriate, direct what action is to be taken to correct or mitigate the error.
(1) In relation to a ballot of the members of an organisation on a proposed amalgamation, the committee of management of the organisation may appoint members as scrutineers to safeguard the interests of the members who approve of the amalgamation.
(2) An appointment under subregulation (1) must be made by an instrument signed on behalf of the committee of management by an authorised officer of the organisation.
(3) If members of an organisation (the
opposing members ) have lodged, under subsection 60(2) of the Act, a written statement in opposition to the proposed amalgamation or any proposed alternative amalgamation, the electoral official conducting a ballot of the members of the organisation in relation to the amalgamation must allow members of the organisation who appear to the official to represent the opposing members to be scrutineers for the ballot to safeguard the interests of members who disapprove of the amalgamation.(4) Subject to subregulations (5), (6) and (7):
(a) a scrutineer may be present:
(i) at the issue of ballot papers under regulation 61; and
(ii) at the preparation and dispatch of ballot material under regulations 59 and 63; and
(iii) at the receipt and placement of ballot material in safe custody under regulation 66; and
(iv) at the scrutiny of ballot material under regulation 67; and
(b) at the scrutiny mentioned in subparagraph (a)(iv):
(i) if the scrutineer objects to a decision that a ballot paper is formal or informal; or
(ii) if the scrutineer considers that an error has been made in the conduct of the scrutiny;
the scrutineer may inform the electoral official conducting the ballot accordingly.
(5) At any time during the period of scrutiny:
(a) the number of scrutineers appointed under subregulation (1) and in attendance at the scrutiny; and
(b) the number of scrutineers mentioned in subregulation (3) and in attendance at the scrutiny;
must not, in either case, exceed the number of electoral officials engaged on the scrutiny at that time.
(6) If a member appointed under subregulation (1) fails to produce the member’s instrument of appointment for inspection by the electoral official conducting the ballot when requested by the official to do so, the official may refuse to allow the member to attend or act as a scrutineer.
(7) If a person:
(a) is not entitled to be present, or to remain present, at the scrutiny; or
(b) interrupts the scrutiny of a ballot, except to perform a function mentioned in paragraph (4)(b);
the electoral official conducting the ballot may direct the person to leave the place where the scrutiny is being conducted.
(8) A person must comply with a direction given to him or her under subregulation (7).
Note: This subregulation is a civil penalty provision (see regulation 168).
(9) The AEC must advise the General Manager of a possible contravention of subregulation (8) not later than 21 days after the AEC has become aware of the possible contravention.
(1) For subsection 68(2) of the Act, the following matters are prescribed for inclusion in the report:
(a) the total number of persons on the roll of voters;
(b) the total number of ballot papers issued;
(c) the total number of envelopes posted in accordance with regulation 63 or for subparagraph 64(b)(vi) of the Act that were returned undelivered by the closing date of the ballot to the AEC (if applicable);
(d) the total number of ballot papers received by the electoral official by the closing day of the ballot;
(e) the total number of votes in favour of the question set out on the ballot paper;
(f) the total number of votes not in favour of the question set out on the ballot paper;
(g) the total number of informal ballot papers;
(h) any rules of the organisation or branch which because of ambiguity or other reason, were difficult to interpret or apply;
(i) any matters in relation to the roll of voters including those matters contained in subsection 68(3) of the Act;
(j) the number of written allegations (if any) of irregularities made to the AEC during the ballot;
(k) action taken by the AEC in relation to those allegations;
(l) any other irregularities identified by the AEC and action taken by the AEC in relation to those other irregularities.
(2) The AEC must:
(a) give the report under subsection 68(1) of the Act within 14 days after the closing day of the ballot fixed under subsection 58(1) of the Act; and
(b) publish the report on its web site as soon as practicable, but no later than 21 days after the closing day of the ballot.
(3) An organisation that has a web site must, as soon as practicable after receiving a report mentioned in paragraph (2)(a), publish on its web site a notice of the availability of the report.
(4) A notice published under subregulation (3) must remain on the web site until the end of the period in which an application may be made under section 69 of the Act.
(5) Subregulation (1) does not apply in relation to a ballot that was conducted under subsection 65(2) of the Act if, because of subsection 65(4) of the Act, the electoral official conducting the ballot did not count the votes in the ballot.
The ballot is declared on the day the report mentioned in subsection 68(1) of the Act is given.
The AEC must keep all ballot papers and documents relating to a ballot:
(a) until the end of the period in which an application may be made under section 69 of the Act; or
(b) if an application of the kind referred to in paragraph (a) has been made—until the application is disposed of.
(1) A person who is entitled to vote in a ballot may, for the purpose of determining whether there has been an irregularity in relation to the ballot, request the electoral official conducting the ballot to give the person specified information not available in the report given under subsection 68(1) of the Act.
(2) The electoral official must comply with a request under subregulation (1) if the information requested is available to the electoral official.
(1) An application to the Federal Court under subsection 69(1) of the Act for an inquiry must be:
(a) in the form set out in the Federal Court Rules; and
(b) made by:
(i) a member of the organisation whose members were eligible to vote in the ballot; or
(ii) a person acting on behalf of a member mentioned in subparagraph (i); or
(iii) the Electoral Commissioner; and
(c) lodged in the Federal Court together with any document that the Federal Court Rules require to be lodged with the application.
(2) For this Division, an inquiry is taken to have been instituted when an application mentioned in subregulation (1) is lodged.
If an inquiry is instituted, the Federal Court or a Judge may give any directions the Federal Court or Judge thinks necessary to ensure that all persons who are or may be entitled to appear, or to be represented, at the inquiry are notified of the time and place fixed for the hearing of the inquiry.
(1) If an inquiry is instituted, the Federal Court or a Judge may authorise any person to inspect rolls of voters, ballot papers or other documents that have been used in connection with, or are relevant to, the ballot.
(2) A person must not hinder or obstruct a person carrying out an inspection authorised under subregulation (1).
Penalty:
(a) for an individual—5 penalty units; or
(b) for a body corporate—10 penalty units.
(1) The Federal Court may allow any person to appear or to be represented at an inquiry, and that person is taken to be a party to the proceedings.
(2) The Federal Court may determine the procedure for the conduct of an inquiry.
(3) The Federal Court is not bound, in conducting the inquiry, to act in a formal manner or to apply any rules of evidence, but may inform itself of any matter in any manner it thinks fit.
(1) At any time after an inquiry is instituted and before the Federal Court finds whether there has been an irregularity that may affect, or may have affected, the result of an uncompleted ballot, the Federal Court, if it thinks fit, may:
(a) order than no further steps be taken in the conduct of the ballot; and
(b) make any order incidental or supplementary to an order under paragraph (a); and
(c) vary or discharge an order under paragraph (a) or (b).
(2) An order under subregulation (1) continues in force until the conclusion of the inquiry, unless the order:
(a) is expressed to expire at some other time; or
(b) is discharged before the conclusion of the inquiry.
(3) A person must comply with an order of the Federal Court under subregulation (1).
Penalty:
(a) for an individual—5 penalty units; or
(b) for a body corporate—10 penalty units.
(1) If the FWC has fixed a day under subsection 73(2) of the Act as the day on which an amalgamation is to take effect, the General Manager must publish a notice of the fixing of the day:
(a) in at least one newspaper; and
(b) no later than 14 days after the FWC has fixed a day.
(2) The General Manager must be of the opinion that the notice is likely to come to the attention of interested persons including the members of the organisations, and any associations, to be amalgamated.
(3) A notice published under paragraph (1)(a) is taken to be a notice published by the FWC for subsection 73(2) of the Act.
For paragraph 73(3)(a) of the Act, the following particulars in relation to a proposed amalgamated organisation are prescribed:
(a) the name of the proposed organisation;
(b) the eligibility rules of the proposed organisation;
(c) if the proposed organisation is registered in relation to a particular industry—a description of the industry.
(1) In this Division:
amalgamation day has the same meaning as in Part 2 of Chapter 3 of the Act.
closing day , for a ballot, means the day fixed as the closing day of the ballot under regulation 84.
commencing day , for a ballot, means the day fixed as the commencing day of the ballot under regulation 84.
inquiry means an enquiry under section 108 of the Act into alleged irregularities in relation to a ballot.
scrutineer means a person appointed as a scrutineer under regulation 97.
(2) An expression used in this Division and in Part 3 of Chapter 3 of the Act has the same meaning in this Division as in that Part of that Chapter of the Act.
For paragraph 94(3)(a) of the Act, the prescribed number of constituent members is the lesser of the following:
(a) the number equal to 5% of the constituent members on the day when the application is lodged;
(b) 2 000.
An application for a ballot under section 94 of the Act must:
(a) be in accordance with Form 2; and
(b) contain the information prescribed in that form; and
(c) nominate a person to be the representative constituent member for the ballot to receive documents on behalf of the applicant and for any other purpose specified in this Division.
For the purposes of paragraph 95(1)(c) of the Act, the written outline must address the following matters:
(a) the name of the amalgamated organisation appearing on the certificate of registration of the amalgamated organisation;
(b) if the constituent part of the amalgamated organisation is a part of the membership of the amalgamated organisation that would have been eligible for membership of an organisation that was formerly registered under the Act—the name appearing on the certificate of registration for that organisation immediately before amalgamation day;
(c) if the constituent part of the amalgamated organisation is a part of the membership of the amalgamated organisation that would have been eligible for membership of a State or Territory branch of an organisation that was formerly registered under the Act:
(i) a statement of that fact; and
(ii) the name appearing on the certificate of registration of the organisation immediately before amalgamation day;
(d) if the constituent part of the amalgamated organisation is a separately identifiable constituent part of the amalgamated organisation:
(i) a statement of that fact; and
(ii) the name of the branch, division or part of the amalgamated organisation that is the separately identifiable constituent part; and
(iii) the name of the organisation, de‑registered under Part 2 of Chapter 3 of the Act in connection with the formation of the amalgamated organisation, that remains, or the State or Territory branch of which remains, separately identifiable under the rules of the amalgamated organisation as a branch, division or part;
(e) particulars of the eligibility rules of the amalgamated organisation immediately before amalgamation day;
(f) particulars of the rules, immediately before amalgamation day, of:
(i) the organisation, de‑registered under Part 2 of Chapter 3 of the Act in connection with the formation of the amalgamated organisation, or the State or Territory branch of the organisation, in relation to which the persons constituting the constituent part would have been eligible for membership if the de‑registration had not occurred; or
(ii) the organisation, de‑registered under Part 2 of Chapter 3 of the Act in connection with the formation of the amalgamated organisation, or the State or Territory branch of the organisation, that remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part;
(g) the name proposed for the amalgamated organisation on withdrawal day;
(h) the name proposed for the constituent part on withdrawal day;
(i) if it is proposed that the eligibility rules of the amalgamated organisation be changed on withdrawal day—particulars of those changes;
(j) if it is proposed that the rules of the constituent part will differ, on withdrawal day, from the rules described in paragraph (f)—particulars of those changes;
(k) particulars of the assets and liabilities of the amalgamated organisation;
(l) particulars of the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 of Chapter 3 of the Act in connection with the formation of the amalgamated organisation.
(1) If:
(a) the FWC, under section 100 of the Act, orders that a vote be taken by secret postal ballot; and
(b) the FWC does not fix a day as the commencing day of the ballot;
the commencing day is:
(c) the thirty‑fifth day after the FWC makes the order; or
(d) if that day is a Saturday, Sunday or public holiday—the next working day.
(2) If:
(a) the FWC, under section 100 of the Act, orders that a vote be taken by secret postal ballot; and
(b) the FWC does not fix a day as the closing day of the ballot;
the closing day is:
(c) the twenty‑first day after the commencing day; or
(d) if that day is a Saturday, Sunday or public holiday—the next working day.
If an application is made for approval for a withdrawal from the amalgamated organisation to be put to ballot, the General Manager must, as soon as practicable, give the AEC a copy of the question proposed to be put to ballot.
(1) As soon as practicable after the FWC orders a vote to be taken, the electoral official conducting the ballot must give notice of the commencing day of a ballot and notice of the closing day of a ballot to persons entitled to vote at the ballot.
(2) The electoral official may give a notice under subregulation (1) by post, by newspaper advertisement or by any other reasonable means that the electoral official thinks necessary to ensure that the notice comes to the attention of the persons entitled to vote at the ballot.
(1) An electoral official conducting a ballot may take action and give any direction he or she reasonably considers to be necessary to ensure that no unlawful disclosure or other irregularity occurs in relation to the ballot.
(2) A person must comply with a direction given to him or her under subregulation (1).
Note: This subregulation is a civil penalty provision (see regulation 168).
(3) The AEC must advise the General Manager of a possible contravention of subregulation (2) not later than 21 days after the AEC has become aware of the possible contravention.
(1) The roll of voters for a ballot is the roll of persons who, on the day specified in subregulation (2), are constituent members of the constituent part of the amalgamated organisation who are, in accordance with section 101 of the Act, eligible to vote in the ballot.
(2) For subregulation (1) the day specified is the earlier of the following:
(a) the day when the FWC orders a vote to be taken;
(b) the day 35 days before the commencing day of the ballot.
(3) The roll of voters must:
(a) be prepared at the direction of the electoral official conducting the ballot; and
(b) set out opposite the name of each person on the roll the postal address of the person; and
(c) be closed no later than 14 days before the commencing day of the ballot.
(1) An electoral official conducting a ballot must make the roll available for inspection during ordinary business hours at the place where the electoral official carries out the electoral official’s duties in relation to the ballot, in the period starting the day after the day when the roll was closed under paragraph 88(3)(c) and ending 30 days after the declaration of the result of the ballot.
(2) The electoral official must make the roll available for inspection by:
(a) a member of the amalgamated organisation; and
(b) any other person authorised by the electoral official.
(2A) Despite paragraph 88(3)(b), the roll made available to a person mentioned in paragraph (2)(a) or (b) of this regulation, other than to a member of the constituent part who is entitled to vote at the ballot, must contain only the name of each person on the roll.
(2B) Only an electoral official may copy the roll.
(3) The roll may be kept, and copies may be supplied, electronically.
(4) If a copy of a roll, or a copy of part of a roll, is made or supplied under this regulation, a person must not use information in the roll for a purpose other than:
(a) a purpose in connection with the ballot; or
(b) to monitor the accuracy of the information contained in the roll.
Penalty: 10 penalty units.
(5) If a person (the
first person ) obtains information about another person from a roll under this Division, the first person must not:
(a) use the information to contact or send material to the other person, unless the first person is expressly authorised by the Act or this Division to contact or send material to the other person; or
(b) disclose the information knowing that the information is likely to be used to contact or send material to the other person.
Note: This subregulation is a civil penalty provision (see regulation 168).
(6) The AEC must advise the General Manager of a possible contravention of subregulation (5) not later than 21 days after the AEC has become aware of the possible contravention.
If:
(a) the AEC has received a copy of a question to be put to a ballot; and
(b) a person entitled to vote at the ballot makes a written or oral request to the electoral official conducting the ballot for a copy of the question;
the electoral official must, as soon as practicable, supply a copy to the person without charge.
Ballot papers for use in a ballot must be in accordance with Form 3.
(1) The electoral official conducting a ballot must, as soon as practicable but no earlier than 7 days before the commencing day of the ballot, post to each person entitled to vote in the ballot a sealed envelope, addressed to the postal address of the person shown on the roll of voters, containing:
(a) a ballot paper for the ballot:
(i) bearing the initials of the electoral official or a facsimile of those initials; and
(ii) stating the time, on the closing day of the ballot, by which the vote must be received; and
(b) any other material the electoral official reasonably considers to be relevant to the ballot; and
(c) a declaration envelope in which the voter must place his or her ballot paper; and
(d) a prepaid envelope, addressed to the AEC, that may be posted without cost to the voter; and
(e) any document that the Act or these Regulations require to be posted with the ballot paper.
Note: Ballot papers sent to constituent members must be accompanied by the material specified in subsection 102(2) of the Act.
(2) The electoral official conducting the ballot may post with the ballot paper:
(a) directions to help a person voting in the ballot comply with these Regulations; and
(b) other directions the electoral official reasonably believes may assist in ensuring that an irregularity does not occur in relation to the ballot; and
(c) information about the conduct of the ballot.
(1) If, on the written application of a person, an electoral official is satisfied that:
(a) a ballot paper; or
(b) another document required to be posted with a ballot paper;
that was posted to the person under regulation 91:
(c) has not been received by the person; or
(d) has been lost or destroyed; or
(e) in the case of a ballot paper, has been spoilt;
the electoral official must, as soon as practicable, give a duplicate of the relevant document to the person.
(2) An application under subregulation (1) must:
(a) be sent to an electoral official so that it is received by the electoral official on or before the closing day of the ballot; and
(b) state the grounds for making the application; and
(c) if practicable, be accompanied by evidence that verifies, or tends to verify, those grounds; and
(d) contain a signed declaration that the person has not voted in the ballot; and
(e) if the application relates to a ballot paper that has been spoilt, be accompanied by the ballot paper.
(3) If the ballot paper mentioned in paragraph (2)(e) accompanies an application under subregulation (1), the electoral official must:
(a) mark ‘spoilt’ on the ballot paper; and
(b) initial the ballot paper where marked; and
(c) keep the ballot paper.
(1) A person voting in a ballot must record his or her vote on the ballot paper as follows:
(a) if the person approves the withdrawal of the constituent part from the amalgamated organisation—by writing legibly ‘YES’ in the space provided opposite the question printed on the ballot paper;
(b) if the person does not approve the withdrawal of the constituent part from the amalgamated organisation—by writing legibly ‘NO’ in the space provided opposite the question printed on the ballot paper.
(2) After recording his or her vote, a person must:
(a) comply with any direction under paragraph 91(2)(a) or (b); and
(b) place the ballot paper in the declaration envelope, complete the declaration and seal the declaration envelope; and
(c) place the declaration envelope in the prepaid envelope and seal the prepaid envelope; and
(d) send the prepaid envelope to the AEC to reach the AEC no later than the time specified on the ballot paper as the time on the closing day of the ballot by which the vote must be received.
An electoral official conducting a ballot must keep the ballot papers and other material relating to the ballot in safe custody until a scrutiny is conducted in accordance with regulation 96.
(1) The electoral official conducting a ballot must determine the result of the ballot by conducting a scrutiny in accordance with this regulation.
(2) As soon as practicable after the close of a ballot, the electoral official must:
(a) admit the valid votes and reject the informal votes; and
(b) count the valid votes and record the number:
(i) in favour of the question set out on the ballot paper; and
(ii) not in favour of the question set out on the ballot paper; and
(c) count the informal votes.
(3) A vote is informal only if:
(a) the ballot paper does not bear:
(i) the initials of an electoral official; or
(ii) a facsimile of those initials; or
(b) the ballot paper is marked in a way that permits the voter to be identified; or
(c) the ballot paper is not marked in a way that makes it clear how the voter meant to vote; or
(d) the ballot paper does not comply with a direction given under paragraph 91(2)(a) or (b).
(4) However, a vote is not informal because of paragraph (3)(a) if the electoral official is satisfied the ballot paper in question is authentic.
(5) If the electoral official conducting the ballot is informed by a scrutineer that the scrutineer objects to a ballot paper being admitted as formal or rejected as informal the electoral official must:
(a) decide whether the ballot is to be admitted as formal or rejected as informal; and
(b) endorse the decision on the ballot paper; and
(c) initial the endorsement.
(6) If the electoral official conducting the ballot is informed by a scrutineer that, in the scrutineer’s opinion, an error has been made in the conduct of the scrutiny, the electoral official must decide whether an error has been made and, if appropriate, direct what action is to be taken to correct or mitigate the error.
(1) The committee of management of the constituent part to which a ballot relates, or the representative constituent member, may appoint members of the constituent part as scrutineers for the ballot.
(2) An appointment under subregulation (1) must be made by an instrument signed:
(a) on behalf of the committee of management by an officer of the constituent part authorised to sign the instrument; or
(b) by the representative constituent member.
(3) The committee of management of an amalgamated organisation may appoint members of the amalgamated organisation as scrutineers for a ballot to represent the interests of the amalgamated organisation.
(4) An appointment under subregulation (3) must be made by an instrument signed on behalf of the committee of management by an officer authorised by the rules of the organisation or by the committee of management of the amalgamated organisation.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an
amendment that does not accurately describe how an amendment is to be made. If,
despite the misdescription, the amendment can be given effect as intended, then
the misdescribed amendment can be incorporated through an editorial change made
under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
82, 2003 | 8 May 2003 | 12 May 2003 (r 2) | |
351, 2003 | 23 Dec 2003 | 23 Dec 2003 (r 2) | — |
51, 2006 | 17 Mar 2006 (F2006L00834) | 27 Mar 2006 (r 2) | — |
307, 2007 | 26 Sept 2007 (F2007L03832) | 27 Sept 2007 (r 2) Note: disallowed by the House of Representatives on 12 Mar 2008 | — |
168, 2009 | 30 June 2009 (F2009L02569) | 1 July 2009 (r 2) | — |
245, 2011 | 14 Dec 2011 (F2011L02676) | 15 Dec 2011 (r 2) | — |
321, 2012 | 11 Dec 2012 (F2012L02417) | Sch 2: 1 Jan 2013 (s 2) | — |
322, 2012 | 11 Dec 2012 (F2012L02409) | Sch 2: 12 Dec 2012 (s 2) | — |
152, 2013 | 28 June 2013 (F2013L01264) | Sch 1 (item 18): 1 July 2013 (s 2) | — |
Fair Work (Registered Organisations) Amendment Regulations 2017 | 24 Apr 2017 (F2017L00470) | Sch 1 and 3: 1 May 2017 (s 2(1) items 2, 4) Sch 2: 2 May 2017 (s 2(1) item 3) | — |
Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Regulations 2019 | 25 Mar 2019 (F2019L00392) | Sch 1 (item 57): 26 Mar 2019 (s 2(1) item 2) | — |
Fair Work (Registered Organisations) Amendment (Withdrawal from Amalgamations) Regulations 2021 | 19 Mar 2021 (F2021L00263) | 20 Mar 2021 (s 2(1) item 1) | — |
Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021 | 30 Aug 2021 (F2021L01204) | Sch 2 (item 26): 1 Sept 2021 (s 2(1) item 1) | — |
Fair Work Legislation Amendment Regulations 2022 | 13 Dec 2022 (F2022L01640) | Sch 1 (item 7): 10 Jan 2023 (s 2(1) item 4) Sch 1 (items 10–61): 6 Mar 2023 (s 2(1) item 5) Sch 1 (items 62–65): 7 Dec 2022 (s 2(1) item 6) | — |
Fair Work and Other Legislation Amendment Regulations 2023 | 20 Mar 2023 (F2023L00293) | Sch 1 (items 17–19): 21 Mar 2023 (s 2(1) item 4) | — |
Instruments Update (Autumn 2024) Regulations 2024 | 14 Mar 2024 (F2024L00297) | Sch 2 (items 15–17): 11 Apr 2024 (s 2(1) item 1) | — |
Fair Work Legislation Amendment (Closing Loopholes) Regulations 2024 | 20 Aug 2024 (F2024L01031) | Sch 2: 21 Aug 2024 (s 2(1) item 3) | — |
r 1............................................. | rs No 168, 2009 |
r 2............................................. | rep LA s 48D |
r 3............................................. | rs No 168, 2009 |
am No 321, 2012; F2017L00470; F2019L00392; F2022L01640 | |
r 4............................................. | am No 51, 2006; No 168, 2009; No 152, 2013; F2017L00470 |
rep F2017L00470 | |
r 5............................................. | am No 168, 2009 |
r 6............................................. | am No 168, 2009 |
r 7............................................. | rs No 168, 2009 |
r 8............................................. | rs No 168, 2009 |
r 8A........................................... | ad No 245, 2011 |
r 9............................................. | am No 168, 2009 |
r 10............................................ | am No 168, 2009; F2017L00470 |
r 11............................................ | am No 168, 2009; F2017L00470 |
Division 1 heading...................... | ad F2017L00470 |
r 12............................................ | am No 168, 2009 |
Division 2 heading...................... | ad F2017L00470 |
r 13............................................ | am No 168, 2009; No 321, 2012 |
r 14............................................ | am No 168, 2009; No 321, 2012 |
r 15............................................ | am No 351, 2003; No 168, 2009; No 321, 2012 |
r 16............................................ | am No 351, 2003; No 168, 2009; No 321, 2012 |
Division 3.................................. | ad F2017L00470 |
rep F2022L01640 | |
r 16A......................................... | ad F2017L00470 |
rep F2022L01640 | |
r 16B......................................... | ad F2017L00470 |
rep F2022L01640 | |
r 16C......................................... | ad F2017L00470 |
rep F2022L01640 | |
r 16D......................................... | ad F2017L00470 |
rep F2022L01640 | |
Division 4 heading...................... | ad F2017L00470 |
r 17............................................ | am No 168, 2009; F2017L00470; F2022L01640 |
r 18............................................ | am No 168, 2009; F2017L00470; F2022L01640 |
r 19............................................ | am No 168, 2009 |
r 20............................................ | rs No 168, 2009 |
am No 321, 2012; F2017L00470; F2022L01640 | |
Part 3 heading............................. | am No 168, 2009 |
Division 1 heading...................... | am No 168, 2009 |
r 21............................................ | am No 168, 2009; No 321, 2012 |
r 22............................................ | am No 168, 2009 |
r 23............................................ | am No 168, 2009; No 321, 2012; F2017L00470 |
r 24............................................ | am No 168, 2009; No 321, 2012 |
r 25............................................ | am No 351, 2003; No 168, 2009; No 321, 2012 |
r 26............................................ | am No 51, 2006; No 168, 2009; F2017L00470; F2022L01640 |
r 27............................................ | am No 168, 2009; No 321, 2012 |
r 28............................................ | am No 168, 2009; No 321, 2012 |
r 29............................................ | am No 168, 2009 |
r 30............................................ | am No 168, 2009 |
r 31............................................ | am No 351, 2003; No 168, 2009 |
r 32............................................ | am No 168, 2009 (Sch 1 item 37 relating to paragraph 32(3)(b) md not incorp); No 321, 2012; F2017L00470; F2024L00297 |
Division 2 heading...................... | am No 168, 2009 |
r 33............................................ | am No 51, 2006; No 168, 2009 |
rs No 168, 2009 | |
am No 321, 2012 | |
r 34............................................ | am No 351, 2003; No 168, 2009; No 321, 2012 |
r 35............................................ | am No 351, 2003; No 168, 2009; No 321, 2012 |
r 36............................................ | am No 351, 2003; No 168, 2009; No 321, 2012 |
Part 4 heading............................. | am No 168, 2009 |
Division 1 heading...................... | am No 168, 2009 |
r 37............................................ | am No 168, 2009 |
r 38............................................ | am No 168, 2009; F2017L00470 |
r 39............................................ | am No 351, 2003; No 168, 2009; No 321, 2012 |
r 40............................................ | am No 351, 2003; No 168, 2009; No 321, 2012 |
r 41............................................ | am No 168, 2009 |
r 42............................................ | am No 168, 2009; F2017L00470 |
r 43............................................ | am No 168, 2009; No 321, 2012 |
r 44............................................ | am No 168, 2009 |
r 45............................................ | am No 351, 2003; No 168, 2009; No 321, 2012 |
r 46............................................ | am No 168, 2009; No 321, 2012 |
r 47............................................ | am No 168, 2009 |
r 48............................................ | am No 168, 2009 |
r 49............................................ | am No 351, 2003; No 168, 2009; No 321, 2012 |
r 50............................................ | am No 168, 2009 |
r 51............................................ | am No 168, 2009; No 321, 2012 |
r 52............................................ | am No 168, 2009; No 321, 2012 |
r 53............................................ | am No 168, 2009; No 321, 2012 |
r 54............................................ | am No 168, 2009 |
r 55............................................ | am No 168, 2009; No 321, 2012 |
r 56............................................ | am No 168, 2009 |
r 57............................................ | am No 168, 2009 |
r 58............................................ | am No 351, 2003; No 168, 2009 |
r 59............................................ | am No 168, 2009; No 321, 2012 |
r 60............................................ | am No 168, 2009; No 321, 2012 |
r 61............................................ | am No 168, 2009 |
r 62............................................ | am No 168, 2009 |
r 63............................................ | am No 351, 2003; No 168, 2009 |
r 64............................................ | am No 168, 2009 |
r 65............................................ | am No 168, 2009 |
r 66............................................ | am No 168, 2009 |
r 67............................................ | am No 351, 2003; No 168, 2009 |
r 68............................................ | am No 351, 2003; No 168, 2009; F2017L00470; F2022L01640 |
r 69............................................ | am No 351, 2003; No 168, 2009; F2017L00470 |
r 70............................................ | am No 168, 2009 |
r 71............................................ | am No 168, 2009 |
r 72............................................ | am No 168, 2009 |
r 73............................................ | am No 168, 2009 |
r 74............................................ | am No 168, 2009 |
r 75............................................ | am No 168, 2009 |
r 76............................................ | am No 168, 2009 |
r 77............................................ | am No 168, 2009 |
r 78............................................ | am No 351, 2003; No 168, 2009; No 321, 2012 |
r 79............................................ | am No 168, 2009 |
Division 2 heading...................... | am No 168, 2009 |
r 80............................................ | am No 351, 2003; No 51, 2006; No 168, 2009; F2021L00263; F2024L01031 |
r 81............................................ | am No 168, 2009 |
r 82............................................ | am No 168, 2009 |
r 83............................................ | am No 51, 2006; No 168, 2009 |
rs F2021L00263; F2024L01031 | |
r 84............................................ | am No 51, 2006; No 168, 2009; No 321, 2012; F2024L01031 |
r 85............................................ | rs No 51, 2006 |
am No 168, 2009; F2021L00263; F2024L01031 | |
r 86............................................ | am No 51, 2006; No 168, 2009; No 321, 2012; F2021L00263; F2024L01031 |
r 87............................................ | am No 351, 2003; No 168, 2009; F2017L00470; F2021L00263; F2022L01640; F2024L01031 |
r 87A......................................... | ad F2021L00263 |
am F2022L01640 | |
rep F2024L01031 | |
r 88............................................ | am No 51, 2006; No 168, 2009; No 321, 2012; F2021L00263; F2024L01031 |
r 89............................................ | am No 168, 2009; F2021L00263; F2022L01640; F2024L01031 |
r 90............................................ | am No 168, 2009; F2021L00263; F2024L01031 |
r 90A......................................... | ad F2021L00263 |
am F2024L01031 | |
r 91............................................ | am No 168, 2009; F2021L00263; F2024L01031 |
r 92............................................ | am No 168, 2009; F2021L00263 |
rep F2021L00263 | |
r 93............................................ | am No 168, 2009; F2021L00263; F2024L01031 |
r 94............................................ | am No 168, 2009; F2021L00263; F2024L01031 |
r 94A......................................... | ad F2021L00263 |
rep F2024L01031 | |
r 94B......................................... | ad F2021L00263 |
rep F2024L01031 | |
r 94C......................................... | ad F2021L00263 |
rep F2024L01031 | |
r 94D......................................... | ad F2021L00263 |
rep F2024L01031 | |
r 94E.......................................... | ad F2021L00263 |
rep F2024L01031 | |
r 94F.......................................... | ad F2021L00263 |
rep F2024L01031 | |
r 95............................................ | am No 168, 2009; F2021L00263; F2024L01031 |
r 96............................................ | am No 351, 2003; No 168, 2009; F2021L00263; F2024L01031 |
r 97............................................ | am No 351, 2003; No 168, 2009; F2017L00470; F2021L00263; F2022L01640; F2024L01031 |
r 98............................................ | am No 351, 2003; No 168, 2009; F2021L00263; F2024L01031 |
r 99............................................ | am No 168, 2009 |
r 100.......................................... | am No 168, 2009; F2021L00263; F2024L01031 |
r 101.......................................... | am No 168, 2009; F2021L00263; F2024L01031 |
r 102.......................................... | am No 51, 2006; No 168, 2009; No 321, 2012; F2021L00263; F2024L01031 |
r 103.......................................... | am No 51, 2006; No 168, 2009; No 321, 2012 |
r 104.......................................... | am No 51, 2006; No 168, 2009; No 321, 2012 |
r 105.......................................... | am No 51, 2006; No 168, 2009; No 321, 2012 |
r 106.......................................... | am No 51, 2006; No 168, 2009; No 321, 2012 |
r 107.......................................... | am No 351, 2003; No 168, 2009; F2021L00263; F2024L01031 |
r 108.......................................... | am No 168, 2009; F2024L00297 |
r 109.......................................... | am No 168, 2009 |
r 110.......................................... | am No 168, 2009 |
rs F2021L00263 | |
r 110A....................................... | ad F2024L01031 |
r 111.......................................... | am No 51, 2006; No 168, 2009; F2017L00470; F2022L01640 |
r 112.......................................... | am No 351, 2003; No 168, 2009; F2017L00470; F2022L01640 |
r 113.......................................... | am No 351, 2003; No 168, 2009; F2017L00470; F2021L00263; F2022L01640; F2024L01031 |
r 114.......................................... | am No 168, 2009; F2021L00263; F2024L01031 |
Part 4A heading.......................... | am No 168, 2009 |
Part 4A...................................... | ad No 51, 2006 |
r 114A....................................... | ad No 51, 2006 |
am No 168, 2009; No 321, 2012; No 322, 2012; F2017L00470 | |
r 114B........................................ | ad No 51, 2006 |
am No 168, 2009; No 321, 2012; No 322, 2012 | |
r 114C........................................ | ad No 51, 2006 |
am No 168, 2009; No 321, 2012; No 322, 2012 | |
r 114CA..................................... | ad No 322, 2012 |
r 114D....................................... | ad No 51, 2006 |
am No 168, 2009; No 321, 2012 | |
r 114E........................................ | ad No 307, 2007 (disallowed); No 322, 2012 |
am F2017L00470 | |
r 114F........................................ | ad No 322, 2012 |
am F2017L00470 | |
Part 5 heading............................. | am No 168, 2009 |
r 115.......................................... | am No 351, 2003; No 168, 2009; No 321, 2012 |
r 116.......................................... | am No 168, 2009; No 321, 2012 |
r 117.......................................... | am No 168, 2009 |
r 118.......................................... | am No 168, 2009 |
r 119.......................................... | am No 168, 2009; No 321, 2012 |
r 120.......................................... | am No 168, 2009; No 321, 2012 |
r 121.......................................... | am No 168, 2009; No 321, 2012 |
r 122.......................................... | am No 168, 2009 |
r 123.......................................... | am No 168, 2009; No 321, 2012 |
r 124.......................................... | am No 168, 2009; No 321, 2012 |
r 125.......................................... | am No 168, 2009; No 321, 2012 |
r 125A....................................... | ad No 245, 2011 |
r 125B........................................ | ad No 245, 2011 |
am No 321, 2012 | |
r 125C........................................ | ad No 245, 2011 |
r 125D....................................... | ad No 245, 2011 |
am No 321, 2012 | |
r 125E........................................ | ad No 245, 2011 |
r 125F........................................ | ad No 245, 2011 |
am No 321, 2012 | |
r 125G....................................... | ad No 245, 2011 |
r 125H....................................... | ad No 245, 2011 |
am F2017L00470 | |
r 126.......................................... | am No 168, 2009; No 321, 2012 |
r 127.......................................... | am No 168, 2009; No 321, 2012 |
Part 6 heading............................. | am No 168, 2009 |
r 128.......................................... | am No 168, 2009; No 321, 2012 |
r 129.......................................... | am No 168, 2009; No 321, 2012 |
r 130.......................................... | am No 168, 2009 |
Part 7 heading............................. | am No 168, 2009 |
r 131.......................................... | am No 168, 2009; F2017L00470; F2022L01640 |
r 132.......................................... | am No 168, 2009 |
r 133.......................................... | am No 168, 2009; No 321, 2012; F2017L00470; F2022L01640 |
r 134.......................................... |
am No 351, 2003; No 168, 2009; No 321, 2012; F2017L00470; F2022L01640 | |
r 135.......................................... | am No 168, 2009; No 321, 2012; F2017L00470; F2022L01640 |
r 136.......................................... | am No 168, 2009; F2017L00470; F2022L01640 |
r 137.......................................... | am No 168, 2009; No 321, 2012; F2017L00470; F2022L01640 |
r 138.......................................... | am No 351, 2003; No 168, 2009 |
r 139.......................................... | am No 168, 2009 |
r 140.......................................... | am No 351, 2003; No 168, 2009; F2017L00470; F2022L01640 |
r 141.......................................... | am No 351, 2003; No 168, 2009 |
r 142.......................................... | am No 351, 2003; No 168, 2009; F2017L00470; F2022L01640 |
r 143.......................................... | am No 168, 2009 |
r 144.......................................... | am No 168, 2009 |
Division 2 heading...................... | am No 168, 2009 |
r 145.......................................... | am No 351, 2003; No 168, 2009; F2017L00470; F2022L01640 |
r 146.......................................... | am No 168, 2009 |
Part 8 heading............................. | am No 168, 2009 |
r 147.......................................... | am No 168, 2009 |
r 148.......................................... | am No 168, 2009 |
r 149.......................................... | am No 168, 2009 |
r 150.......................................... | am No 168, 2009 |
r 151.......................................... | am No 168, 2009 |
r 152.......................................... | am No 351, 2003; No 168, 2009; F2017L00470; F2022L01640 |
r 153.......................................... | am No 351, 2003; No 168, 2009; No 321, 2012 |
r 154.......................................... | am No 168, 2009 |
r 155.......................................... | am No 168, 2009; No 321, 2012 |
r 156.......................................... | am No 168, 2009 |
r 157.......................................... | am No 168, 2009; No 321, 2012 |
r 158.......................................... | am No 168, 2009 |
r 159.......................................... | am No 168, 2009 |
r 159A....................................... | ad F2017L00470 |
am F2022L01640 | |
r 159B........................................ | ad F2017L00470 |
am F2022L01640 | |
r 159C........................................ | ad F2017L00470 |
am F2022L01640 | |
r 159D....................................... | ad F2017L00470 |
am F2022L01640 | |
r 160.......................................... | am No 168, 2009 |
r 161.......................................... | am No 168, 2009 |
r 162.......................................... | am No 168, 2009 |
r 163.......................................... | am No 168, 2009; F2017L00470 |
r 164.......................................... | am No 168, 2009 |
r 165.......................................... | am No 168, 2009 |
r 166.......................................... | am No 168, 2009; F2017L00470; F2022L01640 |
r 167.......................................... | am No 168, 2009; F2017L00470; F2022L01640 |
Part 8A...................................... | ad F2017L00470 |
r 167A....................................... | ad F2017L00470 |
r 167B........................................ | ad F2017L00470 |
am F2022L01640 | |
Part 9 heading............................. | am No 168, 2009 |
rs F2023L00293 | |
Division 1 heading...................... | ad F2023L00293 |
r 168.......................................... | am F2021L00263; F2024L01031 |
r 171.......................................... | am No 168, 2009; F2017L00470; F2021L00263; F2022L01640; F2024L01031 |
r 172.......................................... | am No 321, 2012 |
Division 2.................................. | ad F2023L00293 |
r 176AA..................................... | ad F2023L00293 |
am F2024L01031 | |
Part 10 heading........................... | am No 168, 2009 |
Division 1.................................. | ad F2017L00470 |
r 176A....................................... | ad F2017L00470 |
am F2022L01640 | |
r 176B........................................ | ad F2017L00470 |
r 176C........................................ | ad F2017L00470 |
r 176D....................................... | ad F2017L00470 |
r 176E........................................ | ad F2017L00470 |
r 176F........................................ | ad F2017L00470 |
am F2021L01204 | |
Division 2.................................. | ad F2017L00470 |
r 176G....................................... | ad F2017L00470 |
r 176H....................................... | ad F2017L00470 |
am F2022L01640 | |
r 176J......................................... | ad F2017L00470 |
am F2022L01640 | |
r 176K....................................... | ad F2017L00470 |
r 176L........................................ | ad F2017L00470 |
r 176M....................................... | ad F2017L00470 |
Division 3 heading...................... | ad F2017L00470 |
r 177.......................................... | am No 168, 2009; F2017L00470; F2022L01640 |
r 178.......................................... | am No 168, 2009 |
r 178A....................................... | ad F2017L00470 |
rep F2022L01640 | |
r 179.......................................... | am No 168, 2009; No 321, 2012 |
r 180.......................................... | am No 168, 2009; F2017L00470; F2022L01640 |
r 181.......................................... | am No 168, 2009; F2017L00470; F2022L01640 |
r 181A....................................... | ad No 168, 2009 |
am No 321, 2012 | |
rs F2022L01640 | |
Part 11....................................... | ad No 351, 2003 |
r 182.......................................... | ad No 351, 2003 |
am No 168, 2009 | |
Schedule 1A............................... | ad No 245, 2011 |
Schedule 1.................................. | ad No 168, 2009 |
c 1.1A........................................ | ad No 322, 2012 |
c 1.1.......................................... | ad No 168, 2009 |
am No 321, 2012 | |
c 1.2.......................................... | ad No 168, 2009 |
am No 321, 2012 | |
c 1.3.......................................... | ad No 168, 2009 |
c 1.3A........................................ | ad No 322, 2012 |
c 1.4.......................................... | ad No 168, 2009 |
am No 321, 2012; No 322, 2012 | |
c 1.5.......................................... | ad No 168, 2009 |
am No 321, 2012 | |
c 1.6.......................................... | ad No 168, 2009 |
c 1.6A........................................ | ad No 322, 2012 |
c 1.7.......................................... | ad No 168, 2009 |
am No 321, 2012; No 322, 2012; F2017L00470 | |
Division 4.................................. | ad No 322, 2012 |
c 1.7A........................................ | ad No 322, 2012 |
am F2017L00470 | |
c 1.7B........................................ | ad No 322, 2012 |
c 1.8.......................................... | ad No 168, 2009 |
am No 321, 2012; F2017L00470 | |
c 1.9.......................................... | ad No 168, 2009 |
am No 321, 2012 | |
rs No 322, 2012 | |
am F2017L00470 | |
c 1.10......................................... | ad No 168, 2009 |
am No 321, 2012; F2017L00470 | |
c 1.11......................................... | ad No 168, 2009 |
c 1.12......................................... | ad No 168, 2009 |
c 1.13......................................... | ad No 168, 2009 |
am No 321, 2012 | |
c 1.14......................................... | ad No 168, 2009 |
am No 321, 2012 | |
Schedule 1AA............................ | ad No 245, 2011 |
Schedule 2.................................. | ad No 168, 2009 |
c 2.1.......................................... | ad No 168, 2009 |
am No 321, 2012; F2017L00470 | |
c 2.2.......................................... | ad No 168, 2009 |
am No 321, 2012; F2017L00470 | |
c 2.3.......................................... | ad No 168, 2009 |
am No 321, 2012 | |
c 2.4.......................................... | ad No 168, 2009 |
am No 321, 2012 | |
Schedule 1 heading...................... | rep No 168, 2009 |
Schedule 3 heading...................... | ad No 168, 2009 |
Form 1....................................... | am No 168, 2009 |
Form 2....................................... | am No 351, 2003; No 168, 2009 |
rs F2021L00263 | |
am F2024L01031 | |
Form 3....................................... | am No 168, 2009 |
rs F2021L00263 | |
Form 4....................................... | am No 168, 2009 |
rs F2021L00263 | |
am F2024L01031 | |
Form 5....................................... | am No 51, 2006; No 168, 2009 |
Form 6....................................... | am No 168, 2009 |
Form 7....................................... | am No 168, 2009 |
Form 8....................................... | am No 168, 2009; No 321, 2012 |
rs F2017L00470; F2022L01640 | |
am F2024L00297 | |
Schedule 4.................................. | ad F2024L01031 |
c 1............................................. | ad F2024L01031 |
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