Fair Work (Registered Organisations) Act 2009

If, at the conclusion of an investigation, the General Manager is satisfied that a reporting unit has contravened:

a provision of Part 3 of Chapter 8; or

the reporting guidelines; or

a provision of the regulations; or

a rule of the reporting unit relating to the finances or financial administration of the reporting unit;

The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).

In addition to taking action under subsection (1) and (1A), the General Manager may do all or any of the following:

issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;

apply to the Federal Court for an order under Part 2 of Chapter 10 (civil penalty provisions);

refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.

In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).

The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).

The reporting unit must comply with the request made in the notice issued under subsection (2).

The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).