Commonwealth Consolidated Acts

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 199

             (1)  In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.

             (2)  In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.

             (3)  An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).

Maximum penalty: 100 penalty units.

             (4)  Subsection (3) does not apply if the organisation has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code .

             (5)  An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).

Maximum penalty: 20 penalty units.

             (6)  Subsection (5) does not apply if the officer or employee has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code .

             (7)  Offences against subsections (3) and (5) are offences of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .