Determination of reporting units—revocation of certificates
249 Determination of reporting units—revocation of certificates
The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.
If a certificate is revoked, each branch will be a reporting unit.
A certificate may be revoked on application by an organisation or at the initiative of the General Manager.
An application by an organisation for the revocation of a certificate must:
be in accordance with the regulations; and
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.
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:
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
the alterations to the rules:
comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements; and
are not otherwise contrary to law; and
have been made under the rules of the organisation.
The General Manager may only revoke a certificate on his or her initiative if the General Manager:
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
has complied with the prescribed procedure.
Where:
the General Manager intends to revoke a certificate on his or her own initiative; and
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.
This provision refers to the regulations (the regulations
). Made under this Act:
- Fair Work (Registered Organisations) Regulations 2009 · under sch 1B (s 359)
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.