Commonwealth Consolidated Acts

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 249

             (1)  The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.

             (2)  If a certificate is revoked, each branch will be a reporting unit.

             (3)  A certificate may be revoked on application by an organisation or at the initiative of the General Manager.

             (4)  An application by an organisation for the revocation of a certificate must:

                     (a)  be in accordance with the regulations; and

                     (b)  include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.

             (5)  Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:

                     (a)  the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and

                     (b)  the alterations to the rules:

                              (i)  comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements; and

                             (ii)  are not otherwise contrary to law; and

                            (iii)  have been made under the rules of the organisation.

             (6)  The General Manager may only revoke a certificate on his or her initiative if the General Manager:

                     (a)  is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and

                     (b)  has complied with the prescribed procedure.

             (7)  Where:

                     (a)  the General Manager intends to revoke a certificate on his or her own initiative; and

                     (b)  in the General Manager's opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;

the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager's opinion, necessary to give effect to each branch being a reporting unit.