Industrial Relations Act 2016

The registrar may at any time, by written notice, revoke a certificate issued to an organisation under section 755.

If a certificate is revoked, each branch of the organisation will be a reporting unit.

A certificate may be revoked on application by an organisation or on the registrar’s own initiative.

An application by an organisation for the revocation of a certificate must—

be made as prescribed by regulation; and

include an application for the registrar to certify the changes to the organisation’s rules required to give effect to each branch of the organisation being a reporting unit.

If an organisation applies for a revocation, the registrar must revoke the certificate and certify the rule changes if the registrar is satisfied—

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

the changes to the rules—

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

are not otherwise contrary to law; and

have been made under the organisation’s rules.

The registrar may only revoke a certificate on the registrar’s own initiative if the registrar—

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

has complied with the procedure prescribed by regulation.

Subsection (8) applies if—

the registrar intends to revoke a certificate on registrar’s own initiative; and

in the registrar’s opinion, the rules of an organisation need to be changed to give effect to each branch of the organisation being a reporting unit.

The registrar may, by instrument, after giving the organisation an opportunity, as prescribed by regulation, to be heard on the matter, decide the changes of the rules that are, in the registrar’s opinion, necessary to give effect to each branch being a reporting unit.