Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Regulations 2003 (Cth)

Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Regulations 2003

Statutory Rules 2003 No. 3521

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002.

Dated 18 December 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

KEVIN ANDREWS

Minister for Employment and Workplace Relations

Contents

    1Name of Regulations

These Regulations are the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Regulations 2003.

2Commencement

These Regulations commence on gazettal.

3Definitions

1. (1)

   In these Regulations:

Act means the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002.

RAO Schedule means Schedule 1B to the Workplace Relations Act 1996.

1. (2)

   An expression used in these Regulations and in the RAO Schedule has the same meaning in these Regulations as in the RAO Schedule.

4Transitional provision – information to be provided to members or Registrar (item 55 of Schedule 1 to the Act)

1. (1)

   For item 55 of Schedule 1 to the Act, this regulation applies in relation to an organisation from the commencement of the first financial year of the organisation on or after 25 June 2003 to the time that an auditor’s report in relation to the organisation is first made under subsection 257 (1) of the RAO Schedule.

2. (2)

   For the period mentioned in subregulation (1) for an organisation:

   1. (a)

      subregulations 166 (1), (2) and (3) of the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003 have no effect; and

   2. (b)

      subregulations 166 (4) and (5) of the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003 have effect:

      1. (i)

         as if references in those subregulations to a reporting unit were references to an organisation; and

      2. (ii)

         as if the reference in subregulation 166 (4) to paragraph (2) (f) was a reference to paragraph 110 (2) (f) of the Workplace Relations Regulations 1996, as in force before the commencement of the RAO Schedule; and

      3. (iii)

         as if the reference in subregulation 166 (5) to subsection 272 (3) of the RAO Schedule was a reference to subsection 274 (2) of the Workplace Relations Act 1996, as in force before the commencement of the RAO Schedule; and

      4. (iv)

         as if the reference in paragraph 166 (5) (a) to a designated officer of the reporting unit as defined in section 243 of the RAO Schedule was a reference to the secretary or any other executive officer of the organisation; and

   3. (c)

      subregulations 110 (1), (2) and (3) of the Workplace Relations Regulations 1996, as in force before the commencement of the RAO Schedule, are taken to have effect:

      1. (i)

         as if those subregulations had not been repealed; and

      2. (ii)

         as if those subregulations were made for subsection 272 (1) of the RAO Schedule; and

      3. (iii)

         as if the reference in those subregulations to regulation 107 of the Workplace Relations Regulations 1996 was a reference to regulation 107 as in force before the commencement of the RAO Schedule; and

      4. (iv)

         as if the references in those subregulations to sections 273 and 285 of the Workplace Relations Act 1996 were references to those sections as in force before the commencement of the RAO Schedule.

Note

1. Notified in the Commonwealth of Australia Gazette on 23 December 2003.