Industrial Relations Act 1996

The Minister must, by order (an administration order)—

establish a scheme (an administration scheme) for the administration of the CFMEU, C & G Division if the Minister is satisfied the establishment of the administration scheme is in the public interest, having regard to—

the objects of this Act, and

any other matters the Minister considers relevant, and

appoint an administrator to exercise functions under this schedule for the administration of the CFMEU, C & G Division.

The administration scheme must provide for the following—

the powers of the administrator in relation to the scheme, including in relation to the matters mentioned in paragraphs (b)–(m),

declarations that offices of office holders of the CFMEU, C & G Division or the CFMEU (NSW) are vacant,

the suspension, with or without remuneration, or removal from office of office holders of the CFMEU (NSW), including offices held on an ex-officio basis because the office holders hold office in the CFMEU,

the taking of disciplinary action, including the expulsion of members and the disqualification of office holders of the CFMEU (NSW) for up to 5 years,

the termination of the employment of employees of the CFMEU, C & G Division or its branches,

the reconstitution of the CFMEU, C & G Division,

the filling of offices or positions of office holders of the CFMEU (NSW), including the holding and conduct of elections for offices,

the effective functioning of the CFMEU, C & G Division,

the alteration of the rules of the CFMEU (NSW) or the CFMEU, C & G Division,

the engagement of assistant administrators, consultants and other persons to assist the administrator in exercising the administrator’s functions,

delegation by the administrator of the administrator’s functions,

requirements in relation to reporting about the administration,

the obligation of the administrator to cooperate with any inquiry by a law enforcement agency or a regulator into—

the CFMEU (NSW) or the CFMEU, C & G Division, or

officers or employees, or former officers or employees, of the CFMEU (NSW) or the CFMEU, C & G Division,

matters that are ancillary or incidental to the matters mentioned in paragraphs (a)–(m).

The administration scheme may provide for other matters the Minister considers appropriate.

To avoid doubt, the administration scheme may provide for the taking of disciplinary action in circumstances not provided for in the rules of the CFMEU (NSW) or the CFMEU, C & G Division.

Subject to this schedule, the administration order may also provide for the following—

the period of the administrator’s appointment,

the terms of the administrator’s appointment, including the remuneration the Minister determines to be appropriate,

the functions to be exercised by the administrator.

The date specified in an administration order on which an administrator’s appointment ends must not be more than 5 years after the date on which the appointment starts.

The Minister may, by order published in the Gazette—

terminate the appointment of the administrator, and

appoint another person as the administrator.