Industrial Relations Act 1999 Industrial Relations Regulation 2011 Part 1 Preliminary 1 Short title This regulation may be cited as the Industrial Relations Regulation 2011 . 2 Commencement This regulation commences on 15 September 2011. 3 Definitions The dictionary in schedule 7 defines particular words used in this regulation. Part 2 Dismissals and power to amend or void contracts 4 Prescribed amount—Act, ss 71K, 72 and 276 (1) For sections 71K (f) (iii), 72 (3) (f) (iii) and 276 (6) (b) (ii) of the Act, the amount is $118,100. (2) For section 72 (1) (e) (iii) of the Act, the amount is—

(a) to the extent that section relates to section 73 (1) (a) of the Act—$118,100; or

(b) to the extent that section relates to section 73 (1) (b) of the Act—

(i) for a senior health service employee engaged under the Hospital and Health Boards Act 2011 and a high-income guarantee contract—$950,000; or

(ii) otherwise—$118,100.

(3) In this section— high-income guarantee contract see section 188 of the Act. s 4 amd 2013 SL No. 260 s 10; 2014 SL No. 316 s 3 5 Meaning of temporary absence—Act, s 73 (1) This section applies for section 73 (2) (a) of the Act. (2) If an employee is required under an industrial instrument to notify the employer of an absence from work and substantiate the reason for the absence, an absence is temporary if the employee complies with the industrial instrument. (3) Otherwise, an absence is temporary—

(a) if an employee promptly notifies the employer of—

(i) the illness or injury that will cause the employee to be absent; and

(ii) the approximate period for which the employee will be absent; and

(b) if the employee is absent for more than 2 days—

(i) the employee gives the employer a doctor’s certificate about the nature of the illness or injury and the approximate period, being more than 2 days, for which the employee will be absent; or

(ii) the employee gives the employer other evidence of the illness or injury that is satisfactory to the employer.

(4) However, an absence is not temporary if the total period of unpaid absence within a 1 year period because of 1 or more illnesses or injuries is more than 3 months. 6 Working out continuous service—Act, s 71KC (2) and 84 (2) (1) For working out continuous service under section 71KC (1) or 84 (1) of the Act, the following do not break an employee’s continuity of service with the employer—

(a) the employee’s absence from work if there was a reasonable cause for the absence;

(b) the employee’s absence from work because of protected industrial action;

(c) another absence from work by the employee, unless the employer gives the employee notice that the absence from work breaks the employee’s continuity of service.

(2) An employee’s absence from work under subsection (1) (a) does break the continuity of service if—

(a) a decision requires the employee to—

(i) notify the employer of an absence from work; and

(ii) substantiate the reason for the absence; and

(b) the employee does not comply with the decision.

(3) Also, an employee’s absence from work under subsection (1) (a) does break the continuity of service if—

(a) there is no decision mentioned in subsection (2); and

(b) the employee does not promptly notify the employer of—

(i) the employee’s absence from work; and

(ii) the reason for the absence; and

(iii) the likely duration of the absence.

(4) An employee’s absence from work under subsection (1) (b) does break the continuity of service if the commission or a magistrate has decided, in making an order under section 71KB (1) or 83 (4) of the Act, that the absence must be taken to be a break in the continuity of service. (5) A notice under subsection (1) (c)—

(a) must be given during, or within 14 days after the end of, the absence; and

(b) may be withdrawn by the employer.

(6) If the employer withdraws the notice, it is taken not to have been given. (7) If an employee’s absence from work does not break the employee’s continuity of service, the period of absence must be included as a period of service in working out the employee’s continuous service for section 71KC (1) or 84 (1) of the Act. s 6 amd 2013 SL No. 260 s 11 7 Compensation for commission or piece rate employees—Act, ss 71KD and 85 For section 71KD (3) and 85 (3) of the Act, the amount taken to be payable is the average weekly remuneration payable to the employee—

(a) for an employee who was continuously employed by the employer for 3 months or more immediately before dismissal—in the 3 months before dismissal; or

(b) for an employee who was continuously employed by the employer for a period of less than 3 months immediately before dismissal—in that period.

s 7 amd 2013 SL No. 260 s 12 Part 2A Content of modern industrial instruments pt hdg ins 2013 SL No. 260 s 13 7A Provision about consultation—Act, s 71M s 7A ins 2013 SL No. 260 s 13 om 2015 No. 7 s 36 sch 1 7B Provision about dispute resolution—Act, s 71MA s 7B ins 2013 SL No. 260 s 13 om 2015 No. 7 s 36 sch 1 7C Provision about individual flexibility arrangements—Act, s 71MB s 7C ins 2013 SL No. 260 s 13 om 2015 No. 7 s 36 sch 1 7D Information to accompany certified agreement—Act, s 71ME (1) For section 71ME (b) of the Act, a certified agreement must be accompanied by an affidavit containing the following information—

(a) whether the agreement is for a new business, is a project agreement or is a multi-employer agreement;

(b) whether or not the agreement is made with an employee organisation;

(c) the industry in which the employer is engaged;

(d) the name of the relevant or designated award;

(e) for non-State government employees—the address or addresses at which the employees to be covered by the agreement are, or are to be, employed;

(f) the number of male and female employees to be covered by the agreement;

(g) the number of apprentices or trainees to be covered by the agreement;

(h) the name and address of each employer to be bound by the agreement;

(i) if the agreement is a project agreement and the project or proposed project has a principal contractor—the principal contractor’s name and address;

(j) if the agreement was negotiated for another person—the person who negotiated the agreement and the person for whom it was negotiated;

(k) the average percentage by which the wages of the employees to be covered by the agreement will increase or decrease under the agreement compared with wages before the agreement;

(l) the nominal expiry date of the agreement;

(m) the steps taken to ensure compliance with section 143 of the Act, and, if it applies, section 144 or 145 of the Act, and in particular, that the terms of the agreement were explained in an appropriate way given the particular circumstances and needs of the employees to be covered by the agreement;

(n) a statement that the employer did not do something mentioned in section 156 (1) (b) of the Act;

(o) where the procedures for preventing and settling disputes can be found in the agreement;

(p) a statement that the agreement passes the no-disadvantage test under chapter 6, division 3 of the Act.

(2) The affidavit must be in the form provided for in the rules of court. (3) For section 71ME (b) of the Act, if there is or was a certified agreement covering part or all of the employees to be covered by the agreement, the agreement must also be accompanied by the name and agreement number of the certified agreement. (4) In this section— multi-employer agreement means an agreement made with a multi-employer. s 7D (prev s 9) amd 2013 SL No. 260 s 14 (1)–(5) renum and reloc 2013 SL No. 260 s 14 (6) Part 3 Freedom of association 8 Procedure for exemption hearing—Act, s 112 (1) On receiving an application under section 111 of the Act, the magistrate or registrar must promptly—

(a) set a time and place to hear the application; and

(b) give at least 2 days notice of the hearing to—

(i) the applicant; and

(ii) the organisation from which the applicant is seeking exemption from membership.

(2) Only the following persons may attend the hearing—

(a) the applicant;

(b) 1 member or officer of the organisation.

(3) At the hearing, the member or officer of the organisation may—

(a) ask the applicant questions that are relevant to the application; and

(b) make submissions to the magistrate or registrar.

Part 4 Certified agreements 10 Protected industrial action—Act, s 174 (1) For section 174 (6) of the Act, the prescribed purpose is the assessment of eligibility for, or the calculation of, an entitlement arising from the employee’s employment including, for example—

(a) a superannuation entitlement; and

(b) an authorised leave entitlement; and

(c) an entitlement to remuneration and promotion as affected by seniority; and

(d) an entitlement to notice of, or compensation for, dismissal.

(2) In this section— authorised leave means leave authorised by—

(a) the employer; or

(b) an industrial instrument; or

(c) an order of a court or tribunal having power to fix wages and other employment conditions; or

(d) the employee’s employment contract; or

(e) a Commonwealth or State law.

10A Notice of protected action ballot order (1) For the Act, schedule 4, section 9 (3) (a), the following matters are prescribed—

(a) any matter stated in the protected action ballot order;

(b) that the ballot will be by post;

(c) the period during which the ballot will be conducted;

(d) contact details for the ECQ;

(e) that the employee may contact the ECQ to find out whether the employee is on the roll of voters;

(f) that the employee may ask the ECQ to add or remove the employee’s name from the roll of voters;

(g) that the employee may raise concerns or complaints about the conduct of the ballot, including any alleged irregularity, with the ECQ;

(h) words to the effect that under section 176A of the Act, industrial action is not authorised by the ballot if the claims in support of which the action is organised, or engaged in, have been added to or varied—

(i) since the protected action ballot order was made; and

(ii) to include a claim relating to non-allowable content under chapter 2A, part 3, division 4, subdivision 1 or 3 of the Act.

(2) For the Act, schedule 4, section 9 (3) (b), the following ways are prescribed—

(a) giving the notice to the employee personally;

(b) sending the notice by pre-paid post to—

(i) the employee’s residential address; or

(ii) another postal address nominated by the employee;

(c) sending the notice to—

(i) the employee’s email address at work; or

(ii) another email address nominated by the employee;

(d) sending, to an email address mentioned in paragraph (c), an electronic link that takes the employee directly to a copy of the notice on the employer’s intranet;

(e) faxing the notice to—

(i) the employee’s fax number at work; or

(ii) the employee’s fax number at home; or

(iii) another fax number nominated by the employee;

(f) displaying the notice in a conspicuous place at the workplace that is known by and readily accessible to the employee;

(g) any other way the ECQ considers appropriate.

s 10A ins 2012 Act No. 7 s 24 amd 2013 SL No. 260 s 15 10B Conduct of protected action ballot—information that may accompany ballot paper (1) This section prescribes, for the Act, schedule 4, section 13 (2) (c), procedures for the conduct of a protected action ballot relating to information the ECQ may provide to an employee with the ballot paper for the protected action ballot. (2) Any of the following may be provided—

(a) directions about what an employee who is entitled to vote in the ballot must do to cast a valid vote;

(b) other directions the ECQ reasonably believes may help to ensure there is no irregularity in the conduct of the ballot;

(c) notes to assist an employee who is entitled to vote in the ballot by informing the employee of matters relating to the conduct of the ballot.

s 10B ins 2012 Act No. 7 s 24 10C Conduct of protected action ballot—compilation of roll of voters (1) This section prescribes, for the Act, schedule 4, section 13 (2) (c), procedures for the conduct of a protected action ballot relating to information provided, as required under a direction given under the Act, schedule 4, section 16, by—

(a) an applicant for the protected action ballot order; or

(b) the employer of an employee who is to be balloted.

(2) The information must be accompanied by a written declaration by the applicant or employer that he or she reasonably believes the information is complete, up to date and accurate. s 10C ins 2012 Act No. 7 s 24 10D Conduct of protected action ballot—issue of ballot papers (1) This section prescribes, for the Act, schedule 4, section 13 (2) (c), procedures for the conduct of a protected action ballot relating to the issue of ballot papers. (2) The ECQ must issue, to each employee who is to be balloted, a ballot paper that bears the relevant ECQ officer’s initials or a facsimile of the officer’s initials. (3) The ECQ must post to each employee who is to be balloted a sealed envelope that contains each of the following—

(a) the ballot paper;

(b) information about—

(i) the closing date for the ballot; and

(ii) the time on the closing date by which the ECQ must receive the employee’s vote;

(c) an envelope in which the employee must place his or her ballot paper;

(d) a pre-paid envelope addressed to the ECQ;

(e) any other material the ECQ considers relevant to the ballot.

(4) The envelope mentioned in subsection (3) (c) must—

(a) set out a form of declaration that the employee has not previously voted in the ballot; and

(b) have a place where the employee can sign the envelope; and

(c) be able to fit in the pre-paid envelope mentioned in subsection (3) (d).

s 10D ins 2012 Act No. 7 s 24 10E Conduct of protected action ballot—issue of replacement ballot papers (1) This section prescribes, for the Act, schedule 4, section 13 (2) (c), procedures for the conduct of a protected action ballot relating to the issue of replacement ballot papers. (2) An employee who is to be balloted may ask the ECQ for a replacement ballot paper if—

(a) the employee did not receive all of the documents mentioned in section 10D (3); or

(b) the ballot paper received by the employee has been lost, destroyed or spoilt.

(3) The request must—

(a) be received by the ECQ on or before the closing day of the ballot; and

(b) state the reason for the request; and

(c) if practicable, be accompanied by evidence relating to the reason; and

(d) include a declaration by the employee that the employee has not voted in the ballot.

(4) The ECQ must give the employee a replacement ballot paper if satisfied—

(a) the reason for the request is a reason mentioned in subsection (2); and

(b) the request for the replacement ballot paper complies with subsection (3); and

(c) the employee has not voted in the ballot.

s 10E ins 2012 Act No. 7 s 24 10F Conduct of protected action ballot—counting of votes by ECQ (1) This section prescribes, for the Act, schedule 4, section 13 (2) (c), procedures for the conduct of a protected action ballot relating to the counting of votes. (2) The ECQ must decide the result of the protected action ballot, as soon as practicable after the close of the ballot, by conducting a scrutiny of the ballot papers under this section. (3) The ECQ must—

(a) admit the valid ballot papers and reject the informal ballot papers; and

(b) count the valid ballot papers; and

(c) record the number of votes—

(i) in favour of the question; and

(ii) against the question; and

(d) count the informal ballot papers.

(4) A ballot paper is informal only if—

(a) the initials, or a facsimile of the initials, of the relevant ECQ officer are missing; or

(b) the ballot paper is marked in a way that allows the employee to be identified; or

(c) the ballot paper is not marked in a way that makes it clear how the employee intended to vote; or

(d) the employee has not complied with a direction given to the employee under section 10B.

(5) However, a ballot paper is not informal under subsection (4) (a) if the ECQ is otherwise satisfied the ballot paper is authentic. s 10F ins 2012 Act No. 7 s 24 10G Conduct of protected action ballot—scrutiny of ballot papers by scrutineers (1) This section prescribes, for the Act, schedule 4, section 13 (2) (c), procedures for the conduct of a protected action ballot relating to the scrutiny of ballot papers by scrutineers. (2) If the ECQ is informed by a scrutineer that the scrutineer objects to a ballot paper being admitted as valid, or rejected as informal, the ECQ must—

(a) decide whether the ballot paper is to be admitted as valid or rejected as informal; and

(b) endorse its decision on the ballot paper and initial the endorsement.

(3) If the ECQ is informed by a scrutineer that, in the scrutineer’s opinion, an error has been made in the scrutiny of the ballot papers, the ECQ must—

(a) decide whether an error has been made; and

(b) if appropriate, take action to correct the error.

(4) To preserve the secrecy of the voting, the ECQ must ensure that a scrutineer does not have access to any information that may allow the scrutineer to identify which employee has completed a particular ballot paper. (5) Subsection (6) applies if a person—

(a) is not entitled to be present or to remain present at the scrutiny of the protected action ballot; or

(b) interrupts the scrutiny of the protected action ballot, other than to perform a function mentioned in section 10F (3).

(6) The ECQ may direct the person to leave the place where the protected action ballot is being scrutinised. (7) In this section— scrutineer see section 10H (2). s 10G ins 2012 Act No. 7 s 24 10H Scrutineers for protected action ballot (1) This section prescribes, for the Act, schedule 4, section 21, matters relating to the qualifications, appointment, functions and powers of scrutineers for a protected action ballot. (2) A scrutineer for the protected action ballot is a person appointed under subsection (3) or (4). (3) The following may appoint 1 or more scrutineers for the protected action ballot—

(a) if the employer is a Hospital and Health Service under the Hospital and Health Boards Act 2011 —the chief executive of the department administering that Act;

(b) otherwise—the employer.

(4) Also, an applicant for the protected action ballot order may appoint 1 or more scrutineers for the protected action ballot. (5) An appointment under subsection (3) or (4) must be by a written notice signed by or for the employer or applicant. (6) A scrutineer may be present at the scrutiny of the ballot papers for the protected action ballot after the ECQ has removed evidence of employees’ identities from the ballot papers as required under section 10G (4). (7) However—

(a) the total number of scrutineers present at the scrutiny of the ballot papers at a particular time must not be more than the total number of people engaged in the scrutiny of the ballot papers for the ECQ; and

(b) the ECQ may refuse to allow a scrutineer to be present at the scrutiny of the ballot papers if the scrutineer fails to produce his or her notice of appointment on request by the ECQ.

(8) At the scrutiny of the ballot papers for the protected action ballot, the scrutineer may advise the ECQ if the scrutineer—

(a) objects to a ballot paper being admitted as a valid ballot paper or rejected as an informal ballot paper; or

(b) considers an error has been made in the conduct of the scrutiny of the ballot papers.

s 10H ins 2012 Act No. 7 s 24 amd 2012 SL No. 90 s 30 Part 4A HIGH-INCOME SENIOR EMPLOYEES pt hdg ins 2014 SL No. 143 s 5 om 2015 No. 7 s 36 sch 1 10I s 10I ins 2014 SL No. 143 s 5 om 2015 No. 7 s 36 sch 1 Part 5 Authorised industrial officers 11 Application for issue of an authority—Act, s 364 For section 364 (4) (a) of the Act, an application for an authority must—

(a) be made in the form provided for in the rules of court; and

(b) state whether the person to be authorised is an officer, or employee, of the organisation; and

(c) be signed by the applicant’s president and secretary; and

(d) be accompanied by—

(i) 2 passport size (4.5cm x 3.5cm) photographs, each signed on the reverse side by the person; and

(ii) 2 specimen signatures of the person verified by the applicant’s president or secretary as being genuine signatures of the person.

Part 6 Overpaid wages 12 Recovering overpaid wages—Act, s 396 The amount prescribed for section 396 (4) of the Act is ³/₄ of the wages payable for the pay period. 12A Recovering health employment overpayments—Act, s 396A The amount prescribed for section 396A (5) of the Act is ³/₄ of the amount that would otherwise be paid to the health employee on the single occasion, disregarding any deductions for any purpose. s 12A ins 2012 Act No. 17 s 22 amd 2013 SL No. 133 s 4 Part 7 Fees charged by private employment agents 13 Particulars for written notice—Act, s 408D (2) (a) (1) For section 408D (2) (a) of the Act, the following particulars are prescribed—

(a) the name of the person for whom the work is to be undertaken;

(b) the address of the place of work;

(c) the particulars of the work; Examples—

• for modelling work—modelling clothing

• for a performer—live theatre

(d) the period of the work;

(e) the gross amount payable to the model or performer by the person for whom the work is to be undertaken;

(f) an itemised list of the fees payable to the agent by the model or performer;

(g) the net amount the model or performer is to receive after payment of the agent’s fees;

(h) if a rate of payment is provided for under an industrial instrument, the details of the instrument and the rate of payment.

(2) In this section— industrial instrument includes an award or agreement made under the Commonwealth Act. 14 Prescribed percentage of gross amount payable to model or performer—Act, s 408D (2) (b) For section 408D (2) (b) of the Act, the percentage of the gross amount payable to a model or performer for the work mentioned in column 1 of schedule 1 is stated in column 2 of the schedule. 15 Prescribed allowances or payments excluded from gross amount payable to model or performer—Act, s 408D (2) (b) For section 408D (2) (b) of the Act, the following allowances or payments are prescribed—

(a) travelling and meal allowance;

(b) holiday pay;

(c) long service leave payments;

(d) superannuation payments;

(e) overtime or penalty payments paid on an irregular basis; Example of an irregular basis— A model or performer may occasionally work overtime during the period of the work.

(f) payments for rehearsals.

Part 8 Application to industrial tribunal under chapter 12 of the Act Division 1 Definition 16 Definition for pt 8 In this part— industrial tribunal means the court, commission or registrar. Division 2 Applications, and service and publication of process 17 Applications to industrial tribunal (1) An application to an industrial tribunal under chapter 12 of the Act must—

(a) be filed in the registry; and

(b) be in the form provided for in the rules of court; and

(c) state the facts and issues the applicant relies on to support the application.

(2) However, subsection (1) (c) does not apply to an application to which section 501 of the Act applies. (3) If an applicant to an industrial tribunal under chapter 12 of the Act is not the organisation the application is about, the applicant must serve a copy of the application on the organisation within 7 days after filing the application. 18 Applications for registration, change of list of callings or amendment of name or eligibility rules (1) This section applies to an application for—

(a) registration as an organisation; or

(b) change of list of callings; or

(c) amendment of the name of an organisation, other than an application made for the purpose of section 472 of the Act; or

(d) amendment of eligibility rules of an organisation.

(2) The applicant may file a statement supporting the application when the application is filed. (3) The applicant must publish notice of the application in the form decided by the registrar within 21 days after the application is filed—

(a) in a newspaper circulating throughout the State; and

(b) if the registrar considers it appropriate—

(i) in another newspaper or publication; or

(ii) on the QIRC website.

(4) The applicant must, within 7 days of publication of the notice—

(a) serve a copy of the notice on each organisation whose callings—

(i) include the callings of the applicant’s members; or

(ii) relate to the applicant’s eligibility rules; and

(b) file in the registry a copy of the relevant section of any newspaper or publication in which the notice was published, showing the date and name of the newspaper or publication.

(5) The application must be dealt with, as far as is practicable, in the order in which it was filed. (6) Each document accompanying an application for registration as an organisation must be signed and dated by the applicant’s president and secretary. 19 Certain applications must state grounds on which they are made An application for any of the following must state the grounds on which it is made—

(a) an approval under section 447 of the Act;

(b) an exemption under chapter 12, part 13 of the Act;

(c) cancellation of an exemption under section 602 of the Act;

(d) a deregistration order.

20 Application for exemption under Act, s 580 (1) This section applies to an application for an exemption under section 580 of the Act from holding an election for a stated office. (2) The application may be made only if each applicant has given each of its members, free of charge, written notice of the details of the application. (3) An applicant may give the notice by including it in a publication that it gives to its members free of charge. (4) The application must be accompanied by an affidavit by a member of each applicant’s management committee stating that subsection (2) has been complied with. 21 How making of resolution is to be notified for Act, s 595 (1) (b) For section 595 (1) (b) of the Act, the way of notifying a member of the organisation or branch of the making of the resolution is by—

(a) giving the member a copy of the resolution; or

(b) for an organisation or branch that gives its members a publication free of charge—including a notice of the making of the resolution in the publication.

22 Publishing notice for Act, s 596 (1) For section 596 of the Act, a notice stating details of the application must be published in—

(a) a newspaper circulating generally throughout the State; and

(b) any other newspaper or publication the registrar considers appropriate.

(2) The notice must be published within 21 days after the application is filed in the registry. 23 Signing or sealing application for deregistration order under Act, s 39 If an application under section 639 of the Act for a deregistration order is made by an organisation, the application must be—

(a) under the organisation’s seal; or

(b) signed by 2 of the organisation’s officers authorised to sign the application.

24 Application by registrar for deregistration order for defunct organisation (1) This section applies if the registrar proposes to apply for a deregistration order for an organisation under section 639 (4) of the Act. (2) The registrar must make appropriate inquiries by letters sent to the—

(a) organisation’s registered office; and

(b) members of the organisation’s management committee last known to the registrar at their residential addresses last known to the registrar.

(3) If, after the inquiries, the registrar is satisfied the organisation is defunct, the registrar must publish a notice on the QIRC website stating that—

(a) the registrar will apply after 35 days from the notice’s publication for a deregistration order on the ground that the organisation is defunct; and

(b) a person who wants to show cause why the deregistration should not be made may file an objection notice, in the form provided for in the rules of court, in the registry within 35 days of the publication.

(4) If the registrar makes the application, the registrar must ensure the application is accompanied by a copy of any objection notice filed. Division 3 Objections 25 Who may object—Act, s 654 (1) A person with an appropriate interest in the following kinds of applications may object to the application—

(a) an application for amendment of name other than an application made for the purpose of section 472 of the Act;

(b) an application for amendment of eligibility rules;

(c) an application for a change of list of callings.

(2) A member of an organisation that has applied for an exemption from holding an election under section 580 of the Act may object to the application. (3) A member of an organisation that has applied for an exemption from the requirement that the electoral commission conduct an election under section 594 of the Act may object to the application. (4) A person with an appropriate interest in an application by the registrar for a deregistration order under section 639 (4) of the Act may object to the application. (5) A person who may object to an application may give notice of an objection to the industrial tribunal. s 25 amd 2014 SL No. 143 s 4 26 Notice of objection (1) This section applies to a notice of objection under—

(a) section 418 (1) (b) of the Act; and

(b) section 25 (5).

(2) The notice must—

(a) be in the form provided for in the rules of court; and

(b) state the grounds on which the objection is made; and

(c) be filed in the registry within 35 days after the publication of the notice of the application to which the objection relates; and

(d) be accompanied by a statement of the facts and issues the objector relies on in support of the objection.

(3) A person who gives a notice of objection must serve a copy of the notice on the applicant and any other party to the proceedings within 7 days after filing the notice. (4) On application, the relevant industrial tribunal may grant leave to extend the period for filing an objection notice. 27 Answering objections—Act, s 654 (1) The applicant may file a written response to an objection in the registry within 14 days after the notice is served on the applicant. (2) The response must be accompanied by a statement of the facts and issues relied on in support of the response. (3) The applicant must serve a copy of the response on the person who objected within 7 days after filing the response. Division 4 Notice of hearing and hearing 28 Hearing application and objections—Act, s 654 (1) This section applies to an application under chapter 12 of the Act other than—

(a) an application made for the purpose of section 472 of the Act; or

(b) an application for an election inquiry under section 500 of the Act.

(2) The industrial tribunal that is to hear the application must—

(a) fix a time and place to hear the application and any objections; and

(b) give at least 7 days notice of the time and place of the hearing to each person who must be given an opportunity to be heard under section 654 of the Act.

29 Notice of hearing (1) This section applies to a hearing for—

(a) cancellation of an approval under section 450 of the Act; and

(b) amendment of rules under chapter 12, part 6, division 1 of the Act; and

(c) cancellation of an exemption under section 602 of the Act; and

(d) a deregistration order under section 639 (3) of the Act.

(2) A notice under section 28 (2) (b) of the time and place of the hearing must also state the following information—

(a) if section 466 or 639 (3) (b) of the Act applies—the demarcation dispute undertaking to which the hearing relates;

(b) the reasons for the proposed cancellation, amendment or deregistration order; Example of reasons for paragraph (b)— If the registrar considers an organisation’s rules contravene the Act, how the rules contravene the Act.

(c) any proposed amendments to the organisation’s rules;

(d) that the organisation may make oral or written submissions to show why—

(i) the exemption or approval should not be cancelled; or

(ii) the rules should not be amended; or

(iii) the deregistration order should not be made;

(e) the person to whom the notice is given may file a written submission within a stated time.

30 Opportunity to make written submissions Giving a person an opportunity to be heard under section 654 of the Act includes giving the person an opportunity to make written submissions within a time decided by the tribunal. 31 Grounds objector may rely on (1) An objector may rely only on the grounds stated in the objection notice. (2) However, the tribunal may allow the objector to rely on another ground if—

(a) the objector gives adequate reasons for doing so; and

(b) the applicant is given an opportunity to be heard.

Part 9 Rules generally 32 Cost of copy of rules—Act, s 428 For section 428 (2) of the Act, the amount is $5.00. Part 10 Model election rules 33 Model election rules—Act, s 454 The model election rules are in schedule 2. Part 11 Conduct of elections by organisation or branch 34 Prescribed information for elections—Act, s 481 (1) For section 481 (1) of the Act, the following information is prescribed—

(a) the name of each office for which an election is required;

(b) whether the election is because—

(i) the term of the office has ended; or

(ii) there is a casual vacancy in the office; or

(iii) of a new office created under the organisation’s or branch’s rules;

(c) the number of offices for election;

(d) the membership figures, if any, used to calculate the number of offices if—

(i) more than 1 office for which an election is required has the same name; and

(ii) the number of the offices can, under the organisation’s or branch’s rules, be calculated before the prescribed day under subsection (4);

(e) if the electorate consists only of members of a branch, section or other division of an organisation—the name of the branch, section or division;

(f) the day and time of the start and end of the term for each office for which an election is required;

(g) whether the organisation or branch has adopted the model election rules without change;

(h) if the organisation or branch has not adopted the model election rules or has adopted the model election rules with changes—

(i) whether the voting system for the election is a direct voting system or a collegiate electoral system; and

(ii) how the organisation’s or branch’s rules require the result of the election to be decided.

(2) The information under subsection (1) (h) may be given by giving the registrar a copy of the provisions of the organisation’s or branch’s rules that contain the information. (3) The prescribed information must be accompanied by a statement signed by an authorised officer of the organisation or branch stating the information is being filed under section 481 (1) of the Act. (4) For section 481 (2) of the Act, the prescribed day is the day 2 months before the first day on which a person may become a candidate in the election under the organisation’s or branch’s rules. 35 Prescribed particulars for election or ballot result reports—s 119 and Act, ss 488 and 600 (1) This section—

(a) sets out the particulars for section 119; and

(b) prescribes the particulars for an election result report under section 488 or 600 of the Act.

(2) The particulars are as follows—

(a) how many ballot papers were printed;

(b) how many eligible members were on the roll for the election or ballot, including a supplementary roll;

(c) how many ballot papers were given;

(d) how many duplicate ballot papers were given;

(e) how many ballot papers were not given;

(f) how many ballot papers were returned other than as unclaimed mail;

(g) how many ballot papers were returned as unclaimed mail;

(h) how many ballot papers were not returned;

(i) how many votes were informal;

(j) how many votes were rejected for a reason other than being informal and the reason for each rejection; Examples of reasons for rejection— For a postal vote, the voter’s voting declaration was—

(a) not filled in or signed; or

(b) not put in the return envelope; or

(c) taken from the return envelope before the manager of the ballot received the return envelope.

(k) how many ballot papers were counted;

(l) the percentage of voters who voted;

(m) how many formal votes were—

(i) for an election—for each candidate; or

(ii) for a proposed amalgamation or withdrawal—for and against the proposal;

(n) if a preferential system of voting is used for an election—how many formal votes were for each candidate after distribution of preferences;

(o) if the report is a ballot result report under section 119 and votes about an alternative amalgamation were counted under section 115 (2)—

(i) the number of votes for and against the alternative amalgamation; and

(ii) the number of votes that were informal.

36 Declaration of election or ballot result (1) The manager of an election or ballot must—

(a) make a signed declaration of the result of the election or ballot as soon as possible after the votes for the election or ballot are counted; and

(b) within 1 day of making the declaration, give a copy of it to—

(i) the organisation, branch, or constituent part that the election or ballot was about; and

(ii) for an election—each candidate.

(2) The declaration may be countersigned by a scrutineer. 37 Copies of result reports to be given The manager of an election or ballot must, within 1 day of the giving of the report for the election under section 488 or 600 of the Act or the ballot under section 119, give a copy of the report to—

(a) the organisation, branch or constituent part that the election or ballot was about; and

(b) for an election—each candidate who asks the manager for a copy of the report.

38 Voters may ask for information about election or ballot (1) A voter may ask a manager of an election or ballot to give stated information that—

(a) may allow the voter to find out whether there has been an irregularity for the election or ballot; and

(b) is in the manager’s knowledge.

Examples of information a voter may ask for—

• whether ballot papers were posted on the same day

• if all material required to be given to voters for a ballot was given

(2) The manager must give the information to the voter. Maximum penalty—20 penalty units. (3) However, subsection (2) does not make an electoral officer liable for an offence. 39 Unauthorised action in conducting election or ballot A person, other than the manager of an election or ballot, must not do, or purport to do, an act in the conduct of the ballot unless authorised by the manager. Maximum penalty—20 penalty units. 40 Ballot security (1) The manager of an election or ballot must ensure each ballot paper for the election—

(a) has a watermark or other distinctive pattern that prevents it from being reproduced other than by the manager or someone authorised by the manager; and

(b) is of paper that will hide a vote marked on it from view when it is folded once.

Maximum penalty—20 penalty units. (2) However, subsection (1) does not make an electoral officer liable for an offence. Part 11A Particulars of interests of officers pt hdg ins 2013 SL No. 133 s 5 40A Financial and non-financial particulars of interests of officers—Act, s 530C For section 530C (1) of the Act, definition particulars, the financial and non-financial particulars stated in schedule 2A are prescribed. s 40A ins 2013 SL No. 133 s 5 Part 12 Finances and accountability pt hdg sub 2013 SL No. 133 s 6 Division 1 Financial policies div 1 (ss 40B–40C) ins 2013 SL No. 133 s 8 40B Prescribed requirements for financial policies—Act, s 553A For section 553A (1) of the Act, the requirements stated for an organisation’s policy mentioned in schedule 2B are prescribed. div 1 (ss 40B–40C) ins 2013 SL No. 133 s 8 40C Prescribed matter for financial policies—Act, s 553A For section 553A (1) (i) of the Act, the restrictions, if any, on an officer of an organisation holding an office or employment with an entity other than the organisation is a prescribed matter. div 1 (ss 40B–40C) ins 2013 SL No. 133 s 8 Division 2 Expenditure ballots for spending for political purposes div 2 (ss 40D–40E) ins 2013 SL No. 133 s 8 om 2014 Act No. 36 s 55Y 40D div 2 (ss 40D–40E) ins 2013 SL No. 133 s 8 om 2014 Act No. 36 s 55Y 40E div 2 (ss 40D–40E) ins 2013 SL No. 133 s 8 om 2014 Act No. 36 s 55Y Division 3 Accounting obligations div hdg (prev div 1 hdg) renum 2013 SL No. 133 s 7 41 Accounting records—Act, s 554 (2) (1) For section 554 (2) of the Act, an organisation’s accounting records—

(a) must be prepared in accordance with Australian Accounting Standards; and

(b) must be kept for each of its financial years—

(i) on an accrual basis; or

(ii) on a cash basis; or

(iii) on a cash basis for entrance fees and membership contributions and on an accrual basis for all other accounting records.

(2) In subsection (1)— accrual basis has the meaning given in Australian Accounting Standards. cash basis has the meaning given in Australian Accounting Standards. 42 Prescribed accounts—Act, s 555 (1) (1) For section 555 (1) of the Act, each of the accounts stated in schedule 3 is prescribed. (2) The accounts must be prepared in accordance with Australian Accounting Standards. 43 Certificates to be given in accounts (1) An organisation’s accounts for each financial year must contain a certificate by—

(a) for the matters in schedule 4, part 1—the organisation’s officer responsible for keeping its accounting records; and

(b) for the matters in schedule 4, part 2—the organisation’s management committee.

(2) A management committee’s certificate must be—

(a) given under a management committee resolution; and

(b) signed for the committee by 2 of its members.

(3) A management committee’s certificate about a matter mentioned in schedule 4, section 12 is inadmissible in evidence in proceedings against the organisation under sections 565 and 566 of the Act as proof of the matter. 44 How to apply for information—Act, s 556 An application to an organisation for prescribed information under section 556 of the Act must—

(a) be addressed to the organisation’s secretary; and

(b) be delivered by hand at, or sent by prepaid post to, the organisation’s registered office; and

(c) state the information applied for.

45 Information that must be supplied on application by member—Act, s 556 (1) For section 556 (1) of the Act, an organisation must give to its members the information stated in schedule 5 about the organisation’s last financial year for which accounts were prepared. (2) The information must be in a signed notice by the organisation’s secretary given—

(a) if the registrar applied for the information—by hand delivery or prepaid post to the registry office; or

(b) if a member applied for the information and stated the member’s address—by prepaid post to the member at the address; or

(c) if a member applied for the information and did not state the member’s address—by leaving it for collection by the member at the organisation’s registered office.

(3) The information must be given within—

(a) 6 weeks after the application is received if—

(i) a member of the organisation applied for the information; and

(ii) the organisation’s secretary applies to the registrar; and

(iii) the registrar certifies the registrar is satisfied it was or is impracticable for the organisation to give the information within 28 days after the application is received for reasons beyond its control; or

(b) otherwise—28 days after the application is received.

46 Member asking registrar to apply for information If a person asks the registrar to apply for information from an organisation under section 556 (2) of the Act, the registrar may require the person to give evidence the person is a member of the organisation. 47 Management committee must report insolvency to members (1) This section applies if an organisation’s accounts show the organisation is, or is likely to become, insolvent. (2) The organisation’s secretary, or the officer responsible for keeping the organisation’s accounting records, must notify each of the organisation’s members within 14 days that the organisation’s accounts show it is, or is likely to become, insolvent. Maximum penalty—20 penalty units. (3) Each member of the organisation’s management committee must take reasonable steps to ensure the secretary, or officer responsible for keeping the organisation’s accounting records, complies with subsection (2). Maximum penalty—20 penalty units. (4) In this section— insolvent means the organisation is unable to pay all its debts as and when they become due and payable. Division 4 Other provisions div hdg (prev div 2 hdg) renum 2013 SL No. 133 s 7 sub 2013 SL No. 133 s 9 47A Prescribed value for gifts given and received—Act, s 557A For section 557A (1) (a) (i) and (1) (c) (i) (A) of the Act, the prescribed value is $500. s 47A ins 2013 SL No. 133 s 9 48 Circumstances in which registrar may conduct other investigations—Act, s 571 (2) (b) For section 571 (2) of the Act, the prescribed circumstances are as follows—

(a) the organisation’s auditor notifies the registrar under section 562 of the Act and the registrar considers the matter should be investigated;

(b) an officer or member of the organisation has complained about a matter to the registrar and the registrar, after consulting the organisation, considers there are reasonable grounds to investigate the matter.

s 48 amd 2013 SL No. 133 s 10 Part 13 Amalgamations and withdrawals Division 1 Federations 49 Application for recognition as federation (1) Existing organisations may jointly apply to the commission for recognition as a federation. (2) The application must—

(a) be filed in the registry before the existing organisations make a ballot application for a proposed amalgamation; and

(b) include the following particulars—

(i) the proposed federation’s name;

(ii) its constituent organisations’ names;

(iii) its address for service;

(iv) its proposed officers’ names; and

(c) be accompanied by a copy of—

(i) the proposed federation’s rules; or

(ii) the agreement about the proposed federation’s functions and powers.

(3) The commission must allow the application if satisfied the existing organisations intend to make a ballot application for the proposed amalgamation within 3 years after being recognised as a federation. (4) If the application is allowed, the registrar must enter the following particulars in the register kept under section 426 (1) (a) of the Act—

(a) the federation’s name;

(b) its constituent organisations’ names.

50 Representation by federation (1) After it is registered, a federation may represent its constituent organisations and the members of its constituent organisations under the Act. (2) However—

(a) an organisation belonging to a federation may still represent itself or its members; and

(b) a federation may not become a party to an industrial instrument.

51 Amendment of federation’s composition (1) A federation may, with the commission’s approval, amend its composition—

(a) if another organisation intends to become concerned in the proposed amalgamation—to include the organisation; or

(b) to release an organisation from the federation.

(2) If a federation amends its composition, the registrar must enter particulars of the amendment in the register kept under section 426 (1) (a) of the Act. 52 When federation ends A federation ends—

(a) on the amalgamation day for the proposed amalgamation; or

(b) if a ballot application for the proposed amalgamation is not made within the period of 3 years after the existing organisations were recognised as a federation—on the day after the end of that period; or

(c) if, on an application by the Minister or by a person or organisation the full bench considers has an appropriate interest, a full bench decides the achievement of an object of this Act is being prevented by the industrial conduct of the federation or any of its constituent organisations—on the day the decision is made.

53 Change in particulars, rules or agreement for federation (1) This section applies to a federation if there is a change in—

(a) a particular mentioned in section 49 (2) (b); or

(b) the federation’s rules; or

(c) the agreement about the federation’s functions and powers.

(2) Within 28 days after the change, the federation is to file in the registry a statement stating full particulars of the change. Division 2 Community of interest declaration 54 Community of interest declaration for amalgamation (1) Existing organisations for a proposed amalgamation may jointly apply to the commission for a declaration under this section. (2) The application must—

(a) state the grounds on which it is made; and

(b) nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, a proposed amalgamation and each proposed alternative amalgamation; and

(c) be signed by the president or secretary of each joint applicant; and

(d) be accompanied by a copy of each resolution for the proposed amalgamation under section 57 (4), signed by the president or secretary of the applicant whose management committee passed it; and

(e) be filed in the registry before or with the ballot application for the proposed amalgamation.

(3) Service of a document on the person nominated for subsection (2) (b) is taken to be service on each of the applicants. (4) If the application is filed before the ballot application, the commission must promptly fix a time and place to hear submissions on the application. (5) If, after a hearing under this section or section 80, the commission is satisfied there is a community of interest between the existing organisations about their industrial interests, it must make a declaration to that effect. (6) There is a community of interest between existing organisations about their industrial interests if—

(a) a substantial number of members of 1 of the organisations are—

(i) eligible to become members of the other organisation or each of the other organisations; or

(ii) engaged in the same work or industry or in aspects of the same or a similar work or industry as members (other members) of the other organisation or each of the other organisations; or

(iii) bound by the same industrial instruments as other members; or

(iv) for an employee organisation—employed in the same or similar work by employers engaged in the same industry as other members; or

(b) the commission is otherwise satisfied there is a community of interest.

55 End of declaration (1) A community of interest declaration ends if—

(a) the application for the declaration was filed before a ballot application for the proposed amalgamation is filed; and

(b) a ballot application for the proposed amalgamation is not filed within 6 months after the declaration.

(2) The commission may revoke a community of interest declaration if satisfied there is no longer a community of interest between the existing organisations about their industrial interests. Division 3 Acting for constituent part 56 Who may act for constituent part Anything that must or may be done under this part by a constituent part must or may be done by—

(a) a management committee of the constituent part; or

(b) if there is no management committee of the constituent part—the representative constituent member.

Division 4 Amalgamation and withdrawal schemes 57 Management committee approval (1) A scheme for a proposed amalgamation and any changes to the scheme must be approved by each existing organisation the scheme is about. (2) A scheme for a proposed withdrawal and any changes to the scheme must be approved by the constituent part seeking to withdraw. (3) An approval under subsection (1) may be given only by the organisation’s management committee. (4) The management committee’s approval must be by resolution. (5) Despite an existing organisation’s rules, the following are taken to have been made under its rules if approved by its management committee’s resolution—

(a) a scheme;

(b) a scheme amendment;

(c) any proposed amendment of its rules in a scheme.

58 Amalgamation or withdrawal scheme (1) The scheme for a proposed amalgamation must state the following—

(a) the general nature of the amalgamation, showing—

(i) the existing organisations; and

(ii) if an existing organisation is the proposed amalgamated organisation—that fact; and

(iii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and its name; and

(iv) the organisations that are proposed to be deregistered;

(b) that all members of the proposed deregistering organisations are to become, on amalgamation, without payment of an entrance fee, members of the amalgamated organisation;

(c) if it is proposed to change an existing organisation’s name—particulars of the proposed change;

(d) if it is proposed to amend an existing organisation’s eligibility and other rules—particulars of the proposed amendments;

(e) if an association is proposed to be registered as an organisation—its eligibility and other rules;

(f) if it is proposed to change an existing organisation’s list of callings—particulars of the proposed change;

(g) the arrangements that will exist on amalgamation in relation to the property of the proposed deregistering organisations;

(h) the arrangements that will exist on amalgamation in relation to the liabilities of the proposed deregistering organisations.

(2) The scheme for a proposed withdrawal must state the following—

(a) the general nature of the withdrawal, showing—

(i) the amalgamated organisation; and

(ii) the name and rules of the proposed newly registered organisation;

(b) that all constituent members are to become on withdrawal, without payment of an entrance fee, members of the newly registered organisation.

(3) Subsections (1) and (2) do not limit the matters stated in a scheme. s 58 amd 2014 SL No. 143 s 6 59 Alternative schemes for amalgamation (1) A scheme for a proposed amalgamation of 3 or more existing organisations may have 1 or more alternative schemes for an alternative amalgamation of 2 or more of the existing organisations. (2) Each alternative scheme must be approved by each existing organisation the alternative amalgamation is about. (3) Each alternative scheme must show details of the differences between—

(a) the proposed amalgamation and each proposed alternative amalgamation; and

(b) a proposed organisation’s rules, and proposed amendments to the existing organisations’ rules, under—

(i) the proposed amalgamation; and

(ii) each proposed alternative amalgamation.

60 Amending schemes (1) The commission may, before a ballot for a proposed amalgamation starts, permit the existing organisations for the amalgamation to amend the amalgamation scheme. (2) The commission may, before a ballot for a proposed withdrawal starts, permit a constituent part to amend the withdrawal scheme. (3) The permission may—

(a) for a permission to amend a proposed amalgamated organisation’s rules—allow the amendment to be made by resolutions of the existing organisations’ management committees—

(i) as far as the amendment affects the proposed amalgamated organisation or its rules; and

(ii) despite the proposed amalgamated organisation’s rules; and

(b) for a permission to amend an existing organisation’s rules—despite the rules, allow the existing organisation by a resolution of its management committee to amend the rules, other than a proposed amalgamated organisation’s rules; and

(c) for a permission to amend the rules of a proposed newly registered organisation—allow the amendment to be made by the constituent part—

(i) as far as the amendment affects the proposed newly registered organisation or its rules; and

(ii) despite the proposed newly registered organisation’s rules; and

(d) provide for procedures that, despite an organisation’s rules, may or must be followed by a management committee or a constituent part; and

(e) be given on conditions stated by the commission.

(4) If the commission gives the permission on conditions and the conditions are contravened, the commission may—

(a) amend the scheme; or

(b) give directions or make orders about—

(i) holding the ballot; or

(ii) procedures for the amalgamation or withdrawal.

(5) Subsection (4) does not limit the commission’s other powers. (6) If a scheme is amended, whether under this section or otherwise, the scheme outline must be amended to reflect the amendment. 61 Scheme outlines (1) A scheme outline must have no more than 3000 words, unless the commission approves otherwise. (2) The outline may, if the commission approves, include things other than words including, for example, diagrams, illustrations and photographs. (3) The commission may, before an amalgamation ballot begins, allow the existing organisations seeking amalgamation to amend the outline. (4) The commission may, before a withdrawal ballot begins, allow the constituent part seeking withdrawal to amend the outline. (5) The commission may amend the outline to—

(a) correct factual errors; or

(b) ensure it complies with the Act.

Division 5 Applications about ballots 62 Application to submit proposed amalgamation to a ballot (1) An application may be made to the commission for an amalgamation ballot. (2) The application must be made jointly by the existing organisations and any association proposed to be registered as an organisation under the amalgamation. (3) The ballot application must—

(a) be accompanied by—

(i) a copy of the scheme for the proposed amalgamation; and

(ii) a written scheme outline; and

(b) nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, proposed amalgamation and each proposed alternative amalgamation; and

(c) be signed by the president or secretary of each joint applicant; and

(d) be accompanied by a copy of each resolution for the proposed amalgamation under section 57, signed by the president or secretary of the existing organisation whose management committee passed it; and

(e) be accompanied by an affidavit by a member of each existing organisation’s management committee stating that subsection (5) (b) has been complied with.

(4) Service of a document on the applicant nominated under subsection (3) (b) is taken to be service on each of the applicants. (5) An application may be made only if each existing organisation’s management committee has—

(a) resolved to make the application; and

(b) notified each member of the making of the resolution by—

(i) giving the member a copy of the resolution; or

(ii) including the resolution in a publication that the organisation gives to its members free of charge.

63 Application to submit proposed withdrawal to a ballot (1) An application may be made to the commission for a withdrawal ballot. (2) However, an application may not be made if—

(a) it is more than 2 years after the amalgamation happened; or

(b) in the year immediately before it is intended to make the application, the commission rejected an application for a withdrawal ballot to be held in relation to the constituent part of the organisation seeking withdrawal; or

(c) an application for a withdrawal ballot has previously been made and granted and the subsequent ballot did not approve the withdrawal.

(3) The application may be made by—

(a) the lesser of—

(i) the number equal to 5% of the constituent members on the day the application is filed; or

(ii) 2000 constituent members; or

(b) the management committee of a constituent part.

(4) An application may be made only if the constituent part has given the constituent members notice of the making of the application. (5) The notice must be given—

(a) personally; or

(b) by post, addressed to the member’s residential address; or

(c) in a publication that the amalgamated organisation or constituent part gives to the constituent members free of charge.

(6) The application must state a person (the representative constituent member) to be the applicant’s representative for the ballot—

(a) to receive documents on the applicant’s behalf; and

(b) for other purposes under this part.

(7) The application must be accompanied by an affidavit by the representative constituent member stating that subsection (4) has been complied with. 64 Amalgamation ballot exemption—number of members (1) A proposed amalgamated organisation may apply to the commission for an exemption (a ballot exemption) from the requirement to hold a ballot for the amalgamation. (2) The application may be made only on the ground that the number of persons that could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the application was filed. (3) The application must—

(a) be filed in the registry together with the ballot application for the amalgamation; and

(b) state the ground on which it is made; and

(c) be signed by the president or secretary of the applicant; and

(d) be accompanied by an affidavit by a member of the applicant’s management committee stating that subsection (4) (b) has been complied with.

(4) An application may be made only if the applicant’s management committee has—

(a) resolved to make the application; and

(b) notified the organisation’s members of the making of the resolution by—

(i) giving each member a copy of the resolution; or

(ii) including it in a publication the organisation gives to its members free of charge.

65 Amalgamation ballot exemption—recognising federal ballot (1) This section applies if—

(a) an organisation’s counterpart federal body has amalgamated with another organisation’s counterpart federal body under the Commonwealth (Registered Organisations) Act; and

(b) the organisations propose to amalgamate under the Act.

(2) The organisations may apply to the commission for an exemption from holding an amalgamation ballot. (3) The application must—

(a) be filed in the registry with the ballot application for the amalgamation; and

(b) state the grounds on which it is made; and

(c) be signed by the president or secretary of each organisation; and

(d) be accompanied by an affidavit by a member of each applicant’s management committee stating that subsection (4) (b) and (c) has been complied with.

(4) An application may be made only if the management committee of each organisation has—

(a) resolved to make the application; and

(b) notified each member of the making of the resolution by—

(i) giving the member a copy of the resolution; or

(ii) including the resolution in a publication that the organisation gives to its members free of charge; and

(c) notified each member of the member’s right to object to the application under section 75 either—

(i) personally; or

(ii) by post, addressed to the member’s residential address; or

(iii) by including notice of the right in a publication the organisation gives to its members free of charge.

66 Withdrawal ballot exemption—recognising federal ballot (1) This section applies if—

(a) a ballot has been held under the Commonwealth (Registered Organisations) Act to decide whether a constituent part of an amalgamated organisation under that Act should withdraw from the organisation; and

(b) the constituent part has been registered as an organisation under section 110 of the Commonwealth (Registered Organisations) Act.

(2) The constituent part may apply to the commission for an exemption from holding a withdrawal ballot. (3) The application must—

(a) be filed in the registry with the ballot application for the withdrawal; and

(b) state the grounds on which it is made; and

(c) be signed by the representative constituent member; and

(d) be accompanied by an affidavit by the representative constituent member stating that subsection (4) has been complied with.

(4) An application may be made only if the constituent part has given each constituent member notice of the making of the application and of the member’s right to object to the application under section 76 either—

(a) personally; or

(b) by post, addressed to the member’s residential address; or

(c) by including it in a publication that the amalgamated organisation or constituent part gives to the constituent members free of charge.

67 Application for alternative ballot (1) An existing organisation may apply to the commission for approval for an amalgamation ballot that is not a postal ballot (an alternative ballot). (2) A constituent part may apply to the commission for approval for a withdrawal ballot that is not a postal ballot (also an alternative ballot). (3) The application must—

(a) be filed in the registry with the ballot application for the amalgamation or withdrawal; and

(b) state, or be accompanied by, the proposal for the alternative ballot; and

(c) for an amalgamation ballot—

(i) be signed by the applicant’s president or secretary; and

(ii) be accompanied by an affidavit by a member of the applicant’s management committee stating that subsection (4) has been complied with; and

(d) for a withdrawal ballot—

(i) be signed by the applicant’s representative constituent member; and

(ii) be accompanied by an affidavit by the applicant’s representative constituent member stating that subsection (5) has been complied with.

(4) An application for an amalgamation ballot may be made only if the applicant’s management committee has—

(a) resolved to make the application; and

(b) notified each member of the making of the resolution by—

(i) giving the member a copy of the resolution; or

(ii) including it in a publication that the organisation gives to its members free of charge.

(5) An application for a withdrawal ballot may be made only if the constituent part has given each member notice of the making of the application either—

(a) personally; or

(b) by post, addressed to the member’s residential address; or

(c) by including it in a publication that the amalgamated organisation or constituent part gives to the constituent members free of charge.

(6) The alternative ballot must provide—

(a) that the ballot is to be—

(i) a secret ballot of the existing organisation’s members or constituent members who have a right to vote in the ballot; and

(ii) held at meetings of the members; and

(iii) carried out by the electoral commission; and

(iv) otherwise held under the Act; and

(b) that members are to be given at least 21 days notice of—

(i) the meetings; and

(ii) the things to be considered at the meetings; and

(iii) each member’s entitlement to an absentee vote; and

(c) for the posting of the scheme outline and the ‘yes’ and ‘no’ cases under section 100; and

(d) for absentee voting.

68 Withdrawing from application (1) A party to an application under section 54 (1) or 62 (1) may file a notice of the withdrawal of the application in the registry. (2) If a notice is filed under subsection (1), the registrar must take the steps the registrar considers are necessary to ensure the notice is brought to the attention of the organisations, associations and persons likely to be affected by the withdrawal. (3) The parties to an application under section 54 (1) or 62 (1) may jointly file a notice of withdrawal of the application in the registry. (4) An applicant under section 63 (1), 64 (1), 65 (2), 66 (2) or 67 may file a notice of withdrawal of the application in the registry. (5) A party or applicant filing a notice of withdrawal must file with the notice a statement that the party’s or applicant’s management committee has passed a resolution approving the withdrawal of the application. (6) However, if an applicant has no management committee, the applicant must file with the notice a statement that the applicant has passed a resolution approving the withdrawal of the application. (7) The statement must be signed by an authorised officer of the party or applicant or the representative constituent member. Division 6 ‘Yes’ or ‘no’ case 69 Filing ‘yes’ case (1) An existing organisation for a proposed amalgamation may file in the registry a written statement (a ‘yes’ case) supporting—

(a) the proposed principal amalgamation; and

(b) each proposed alternative amalgamation.

(2) A constituent part that wants to withdraw from an amalgamated organisation may file a written statement (also a ‘yes’ case) supporting the withdrawal. (3) A ‘yes’ case must not be more than 2000 words. (4) A ‘yes’ case must be filed with the ballot application for the proposed amalgamation or withdrawal. 70 Filing ‘no’ case (1) The number of members mentioned in subsection (2) of an existing organisation for a proposed amalgamation may file in the registry a written statement (a ‘no’ case) opposing either or both of the following—

(a) the proposed amalgamation;

(b) each proposed alternative amalgamation.

(2) The number of members filing a ‘no’ case for an amalgamation must be at least the lesser of—

(a) 5% of the organisation’s total members when the ballot application for the proposed amalgamation was filed; or

(b) 1000.

(3) The number of members mentioned in subsection (4) of an amalgamated organisation from which a constituent part wants to withdraw may file in the registry a written statement (also a ‘no’ case) opposing the proposed withdrawal. (4) The number of members filing a ‘no’ case for a withdrawal must be at least the lesser of—

(a) 5% of the constituent members when the ballot application for the proposed withdrawal was filed; or

(b) 1000.

(5) A ‘no’ case must be—

(a) filed no later than 7 days before the hearing for the proposed amalgamation or withdrawal; and

(b) not more than 2000 words.

71 Commission statements (1) If 2 or more ‘no’ cases are filed, the commission may prepare a written statement opposing the amalgamation—

(a) based on the ‘no’ cases; and

(b) as far as practicable, fairly presenting the substance of the arguments in the ‘no’ cases; and

(c) if practicable, in consultation with representatives of the persons who filed the ‘no’ cases.

(2) The statement must not be more than 2000 words. (3) The statement is taken to be the only ‘no’ case for the amalgamation. 72 ‘Yes’ or ‘no’ cases may include things other than words If the commission approves, a ‘yes’ or ‘no’ case may include things other than words, including, for example, diagrams, illustrations and photographs. 73 Amending ‘yes’ or ‘no’ cases The commission may—

(a) allow the person who filed a ‘yes’ or ‘no’ case to amend it; and

(b) amend a filed ‘yes’ or ‘no’ case to—

(i) correct factual errors; or

(ii) ensure it complies with the Act.

Division 7 Objections 74 Objections about amalgamations (1) The following persons may object to an application under section 62—

(a) a member of an existing organisation that the amalgamation is about;

(b) another person with appropriate interest in the proposed amalgamation.

(2) The objection must be on the ground that the proposed amalgamated organisation does not meet, or if the amalgamation takes effect, will not meet, the requirements for registration under sections 419 to 421 of the Act. 75 Objection to amalgamation ballot exemption—recognising federal ballot A member of an organisation that has applied for an exemption from holding a ballot for a proposed amalgamation under section 65 may object to the application on the ground that the exemption would detrimentally affect the member’s interests. 76 Objection to withdrawal ballot exemption—recognising federal ballot A constituent member of a constituent part that has applied for an exemption from holding a withdrawal ballot under section 66 may object to the application on the ground that the exemption would detrimentally affect the member’s interests. 77 Notice of objection (1) A notice of objection under section 74 must be filed—

(a) by the day fixed by the commission; or

(b) if the commission substitutes a later day for the fixed day—by the substituted day; or

(c) if no day is fixed—within 28 days after a notice under section 82 for the proposed amalgamation is first published.

(2) A notice of objection under section 75 or 76 must be filed within 28 days after a notice of the application is given under section 79. (3) The notice must state—

(a) the objector’s name and address; and

(b) the grounds of the objection; and

(c) particulars of the grounds.

(4) A notice of objection from an organisation must—

(a) be under the organisation’s seal; or

(b) be signed by the organisation’s authorised officer.

(5) The person who files the notice must serve a copy of it on each applicant within 7 days after the filing. 78 Answering objection (1) If a copy of a notice of objection has been served under section 77 (5), the applicant may file a statement answering the notice. (2) The statement must—

(a) be signed by an authorised officer of each applicant; and

(b) state the facts relied on in answer to the objection; and

(c) be filed in the registry within 14 days after the objection notice is served on the applicants.

(3) The applicant must serve a copy of the statement on the objector stated in the notice of objection within 7 days after filing it. Division 8 Hearing 79 Notice of application (1) This section applies if an application for a proposed amalgamation is filed under section 62 or an application for a proposed withdrawal is filed under section 63. (2) For a proposed amalgamation, the commission must promptly give notice to all members of the existing organisations the amalgamation is about of—

(a) the application; and

(b) any application for a community of interest declaration under section 54; and

(c) any application for a ballot exemption; and

(d) any application for an alternative ballot; and

(e) for each application—any right to object to the application under this part.

(3) A notice under subsection (2) must be—

(a) given in a newspaper circulating throughout the State; and

(b) published on the QIRC website.

(4) For a proposed withdrawal, the commission must promptly give notice to all constituent members of—

(a) the application; and

(b) any application for a ballot exemption; and

(c) any application for an alternative ballot; and

(d) for each application—any right to object to the application under this part.

(5) A notice under subsection (4) must be—

(a) given in a newspaper circulating throughout the State; and

(b) published on the QIRC website.

80 Amalgamation or withdrawal hearing (1) When the time for filing a statement answering a notice of objection under section 77 (2) for a proposed amalgamation or withdrawal has ended, the commission must promptly fix a time and place for a hearing to hear submissions about—

(a) the application; and

(b) if an application for a community of interest declaration under section 54 was filed with the application—making a declaration for the amalgamation; and

(c) if a ballot exemption was applied for—giving the exemption; and

(d) if approval for an alternative ballot was applied for—giving the approval.

(2) The commission—

(a) must promptly give notice of the time and place for the hearing to—

(i) the applicant; and

(ii) all organisations; and

(iii) any person who has filed an objection to an application to be heard at the hearing; and

(b) may notify other persons it considers may be interested in the hearing. Example for paragraph (b)— notifying the electoral commission

81 Amalgamation ballot approval if no objections or objections withdrawn (1) At a hearing for a proposed amalgamation, the commission must allow the application and approve the submission of the amalgamation to ballot if it considers the application meets the following conditions (the ballot conditions)—

(a) the application complies with section 62;

(b) the amalgamation involves registering a proposed organisation;

(c) a person ineligible for membership of an existing organisation for the amalgamation will not be eligible for membership of the amalgamated organisation;

(d) if the name of the proposed amalgamated organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name;

(e) the proposed amalgamated organisation’s rules and any proposed amendment of an existing organisation’s rules do not contravene the Act or an industrial instrument;

(f) a proposed deregistration of an existing organisation complies with the Act.

(2) If the commission considers the application does not meet the ballot conditions, it may allow the application only if satisfied the ballot conditions will be met by—

(a) permitting the applicant to amend the scheme for the amalgamation; or

(b) accepting the applicant’s undertaking to amend the amalgamation scheme.

(3) If the commission is not satisfied under either subsection (1) or (2) it must—

(a) refuse the application; or

(b) adjourn the proceeding.

(4) A permission under subsection (2) (a) may—

(a) despite an existing organisation’s rules, allow the organisation to amend the scheme, including proposed alterations to the organisation’s rules; and

(b) provide for the procedure that, despite the rules, may or must be followed by the management committee for the application; and

(c) be given on conditions stated by the commission.

(5) If an undertaking under subsection (2) (b) or conditions under subsection (4) are contravened, the commission may—

(a) amend the scheme; or

(b) give orders or directions about—

(i) holding the ballot; or

(ii) the procedure for the amalgamation.

(6) Subsections (3) and (5) do not limit the commission’s other powers. 82 Notifying refusal of ballot application (1) This section applies if the commission refuses to approve a ballot application because the ballot condition in section 81 (1) (c) is not met and the commission is not satisfied as stated in section 81 (2). (2) The registrar must publish a notice of the refusal in a newspaper in a way that, in the registrar’s opinion, is likely to come to the attention of persons who would likely have been affected by the proposed amalgamation to which the application relates. (3) The notice must state—

(a) the ground stated in section 74 for an objection; and

(b) the day under section 77 (1) by which an objection notice must have been filed.

83 Hearing objection (1) When the time for filing a statement answering a notice of objection under section 77 (1) has ended, the commission must promptly—

(a) fix a time and place to hear objections to the application; and

(b) give the applicant and any objector notice of the time and place of the hearing.

(2) The commission may fix separate hearings for different objections. 84 Amalgamation ballot approval after hearing objections (1) After the hearing of objections under section 83, the commission must allow the application and approve the submission of the amalgamation to ballot if it considers the application meets the following conditions (the ballot conditions)—

(a) the application complies with section 62;

(b) the amalgamation involves registering a proposed organisation;

(c) a person ineligible for membership of an existing organisation for the amalgamation will not be eligible for membership of the amalgamated organisation;

(d) if the name of the proposed amalgamated organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name;

(e) the proposed amalgamated organisation’s rules and any proposed amendment of an existing organisation’s rules do not contravene the Act or an industrial instrument;

(f) a proposed deregistration of an existing organisation complies with the Act.

(2) If the commission considers the application does not meet the ballot conditions, it may allow the application only if satisfied the ballot conditions will be met by—

(a) permitting the applicant to amend the scheme for the amalgamation; or

(b) accepting the applicant’s undertaking to amend the amalgamation scheme.

(3) If the commission considers an application does not meet the ballot conditions and is not satisfied the ballot conditions will be met by the things mentioned in subsection (2), the commission must allow the application only if satisfied—

(a) no properly made objection is justified; and

(b) the amalgamation does not contravene the Act or an industrial instrument.

(4) If the commission is not satisfied under either subsection (1), (2) or (3) it must—

(a) refuse the application; or

(b) adjourn the proceeding.

(5) A permission under subsection (2) (a) may—

(a) despite an existing organisation’s rules, allow the organisation to amend the scheme, including proposed alterations to the organisation’s rules; and

(b) provide for the procedure that, despite the rules, may or must be followed by the management committee for the application; and

(c) be given on conditions stated by the commission.

(6) If an undertaking under subsection (2) (b) or conditions under subsection (5) are contravened, the commission may—

(a) amend the scheme; or

(b) give orders or directions about—

(i) holding the ballot; or

(ii) the procedure for the amalgamation.

(7) Subsections (4) and (6) do not limit the commission’s other powers. 85 Withdrawal ballot approval (1) At the hearing for a proposed withdrawal, the commission must allow the application and approve the submission of the withdrawal to ballot if it considers the application meets the following conditions (the ballot conditions)—

(a) the application for the ballot is made in accordance with section 63;

(b) if the name of the proposed newly registered organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name;

(c) the proposed newly registered organisation’s rules do not contravene the Act or an industrial instrument.

(2) If the commission orders that a ballot be held, it may make the orders it considers appropriate for the conduct of the ballot. 86 Ballot exemption—number of members (1) This section applies at a hearing for a proposed amalgamation if a ballot exemption application under section 64 was filed with the ballot application for the amalgamation. (2) If the number of persons that could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the application was filed, the commission must allow the ballot exemption, unless it considers the exemption should be refused because of special circumstances. (3) If the commission gives the exemption, the organisation’s members are taken to have approved—

(a) the proposed amalgamation; and

(b) each proposed alternative amalgamation.

87 Amalgamation ballot exemption—recognising federal ballot (1) If an application for an exemption from holding an amalgamation ballot has been made under section 65, the commission may give the exemption only if satisfied—

(a) the percentage of Queensland voters in the federal ballot approving the amalgamation was the same as, or more than, the percentage that would have been required to approve the amalgamation under section 117 had the Queensland voters been voting in a ballot for an amalgamation to which section 117 applied; and

(b) if the organisations’ and the counterpart federal bodies’ eligibility rules differ—the interests of the organisations’ members who were ineligible to vote in the federal ballot have not been detrimentally affected; and

(c) any objections on the ground mentioned in section 74 have been resolved; and

(d) all likely legal challenges, including inquiries under the Commonwealth (Registered Organisations) Act, in the federal jurisdiction have ended.

(2) If the commission is satisfied of the things mentioned in subsection (1), the commission must give the exemption unless it considers the exemption should be refused because of special circumstances. (3) If the commission gives the exemption, the organisation’s members are taken to have approved—

(a) the proposed amalgamation; and

(b) each proposed alternative amalgamation.

(4) In this section— federal ballot means a ballot that has been held under the Commonwealth (Registered Organisations) Act to approve a proposed amalgamation. 88 Withdrawal ballot exemption—recognising federal ballot (1) If an application for an exemption from holding a ballot for a proposed withdrawal is made under section 66, the commission may give the exemption only if satisfied—

(a) the percentage of Queensland voters in the federal ballot approving the withdrawal from amalgamation was the same as, or more than, the percentage that would have been required to approve the withdrawal under section 117 had the Queensland voters been voting in a ballot for a withdrawal to which section 117 applied; and

(b) if the proposed newly registered organisation’s eligibility rules are different from those of the organisation registered under section 110 of the Commonwealth (Registered Organisations) Act—the interests of the constituent members who were ineligible to vote in the federal ballot have not been detrimentally affected; and

(c) objections about the possible changes of eligibility rules have been resolved; and

(d) all likely legal challenges, including inquiries under the Commonwealth (Registered Organisations) Act, in the federal jurisdiction have ended.

(2) If the commission is satisfied of the things mentioned in subsection (1), the commission must give the exemption unless it considers the exemption should be refused because of special circumstances. (3) If the commission gives an exemption, the constituent members are taken to have approved the withdrawal. (4) In this section— federal ballot means a ballot that has been held under the Commonwealth (Registered Organisations) Act to decide whether a constituent part of an amalgamated organisation under that Act should withdraw from the organisation. 89 Alternative ballot approval (1) This section applies to a hearing for a proposed amalgamation or withdrawal if an application for an alternative ballot has been made under section 67. (2) After consulting with the manager of the ballot, the commission must approve the alternative ballot if satisfied the proposal—

(a) is practicable; and

(b) complies with section 67 (3); and

(c) is likely to give members of the existing organisation, or constituent members, with a right to vote—

(i) fuller participation than a ballot under section 96; and

(ii) an adequate opportunity to vote on the amalgamation without intimidation.

90 Notice to manager of ballot (1) If the commission approves a ballot for a proposed amalgamation or withdrawal, the registrar must promptly—

(a) notify the manager of the ballot; and

(b) give a copy of the ballot documents to the manager of the ballot.

(2) After the manager is notified, the manager must promptly take the action the manager considers necessary to hold the ballot as quickly as possible. (3) In subsection (1)— ballot documents means—

(a) the scheme, scheme outline and each ‘yes’ case; and

(b) each ‘no’ case; and

(c) each amendment of, or document filed in substitution for, a document mentioned in paragraphs (a) or (b).

91 Fixing ballot period (1) If the commission approves the submission of a proposed amalgamation or withdrawal to a ballot, the commission must—

(a) consult with the manager of the ballot about the matters mentioned in paragraphs (b) and (c); and

(b) fix days and times for the ballot to start and finish; and

(c) fix the roll cut-off day under section 108.

(2) The ballot must start within 28 days of the approval, unless—

(a) the commission is satisfied the manager of the ballot needs more time to arrange the ballot; or

(b) the applicant for the amalgamation or withdrawal ballot requests a later day.

(3) If a scheme for a proposed amalgamation has 1 or more proposed alternative schemes, all ballots for the proposed amalgamation and proposed alternative amalgamations must have the same start and finish days. (4) The commission may, after consulting with the manager of the ballot, change the start or finish days. Division 9 Ballots 92 Electoral commission to conduct ballot A ballot for a proposed amalgamation or withdrawal must be conducted by the electoral commission. 93 Providing information and documents to electoral officers (1) This section applies if—

(a) the registrar has notified the electoral commission of an application for a ballot for a proposed amalgamation or withdrawal; and

(b) the electoral commission has by written notice appointed an electoral officer as manager of the ballot; and

(c) the manager considers information within the knowledge of an officer of an existing organisation, amalgamated organisation or constituent part, or documents in the officer’s custody or control or to which the officer has access, are reasonably necessary for a ballot that is or may be required because of the application.

(2) The manager may, by written notice, require the officer to—

(a) give the manager information that is within the officer’s knowledge; and

(b) produce documents to the manager that the officer—

(i) has custody or control of; or

(ii) to which the officer has access.

(3) The notice must state—

(a) if it requires the officer to give information—

(i) the information required; and

(ii) a period, of not less than 7 days, in which the information is to be given; and

(iii) a reasonable way of giving it; and

(b) if it requires the officer to produce documents—

(i) the documents required; and

(ii) a reasonable period, of not less than 7 days, in which the documents are to be produced; and

(iii) a reasonable place at which the documents are to be produced.

(4) The officer must not contravene the notice, unless the officer has reasonable excuse. Maximum penalty—20 penalty units. (5) It is a reasonable excuse for the officer not to comply with the notice if doing so might tend to incriminate the officer. (6) In this section— officer of an organisation includes an employee of the organisation. 94 Action and directions by manager of ballot A manager of a ballot for a proposed amalgamation or proposed withdrawal may take action and give directions the manager reasonably considers are necessary to ensure no unlawful disclosure or irregularity happens in the ballot. 95 Manager of ballot must give copy of scheme or outline if asked (1) This section applies if—

(a) a manager of a ballot for a proposed amalgamation or proposed withdrawal has received a copy of—

(i) the ballot application for the ballot; or

(ii) a scheme or scheme outline for a ballot application; and

(b) a voter asks for a copy of the scheme, scheme outline or ballot application.

(2) The manager must promptly give the voter a copy, free of charge. 96 Members’ secret postal ballot (1) This section applies to each existing organisation concerned in a proposed amalgamation, and to a constituent part concerned in a proposed withdrawal, if—

(a) the commission has approved a ballot for the amalgamation or withdrawal; and

(b) the commission—

(i) has not approved an alternative ballot for the amalgamation or withdrawal; or

(ii) for a proposed amalgamation—has not given the organisation a ballot exemption under section 86 or 87; or

(iii) for a proposed withdrawal—has not given the constituent part a ballot exemption under section 88.

(2) The manager of the ballot must carry out secret postal ballots of the members who have a right to vote in the ballot on the amalgamation or withdrawal about—

(a) whether they approve the proposed amalgamation or withdrawal; and

(b) if the scheme for the amalgamation has an alternative scheme—if the proposed amalgamation does not take place, whether they approve the alternative amalgamation.

(3) If there is an alternative scheme for an amalgamation, the same ballot paper must be used for voting on the proposed amalgamation and proposed alternative amalgamation. 97 Form of ballot paper A ballot paper must be in the form provided for in the rules of court. 98 Notice of ballot (1) The manager of a ballot for a proposed amalgamation or withdrawal must give notice, before the ballot starts, to each person with a right to vote in the ballot of the start and finish days and times of the ballot. (2) If the commission has approved an alternative ballot under section 89 (2), the manager of the ballot must—

(a) fix the place for the ballot; and

(b) give at least 21 days notice to each voter of—

(i) the place, day and times; and

(ii) the procedure to get and cast an absentee vote.

(3) The manager of a ballot may give a notice under this section by—

(a) post addressed to the voter’s residential address; or

(b) including it in a publication that the organisation or constituent part gives to the organisation’s members with a right to vote in the ballot free of charge; or

(c) another way the manager thinks will reasonably bring the notice to each member’s attention.

99 Postal ballots—distributing voting material (1) A manager of a secret postal ballot must post the following material for the ballot (the voting material) to each voter—

(a) a ballot paper initialled by the manager;

(b) a copy of the scheme outline and any amendments to it;

(c) a copy of each ‘yes’ case and any amendments to it;

(d) a copy of each ‘no’ case and any amendments to it;

(e) an unsealed reply paid envelope (a return envelope) addressed to the manager;

(f) a ballot envelope and voting declaration;

(g) other material the manager considers appropriate for the ballot including, for example, directions or notes to help the voter to comply with the Act and cast a valid vote;

(h) a statement that tells the voter how and where they may obtain a copy of the latest version of the scheme.

(2) The voting declaration must state ‘I certify I am the person whose name appears on this envelope and I have voted on the ballot paper enclosed.’. (3) The voting material must be posted to a voter—

(a) in a sealed envelope to the voter’s address on the roll; and

(b) as soon as practicable, but not earlier than 2 days before the start day of the ballot.

(4) If a voter gives the manager notice that the voter will be at an address other than the address stated on the roll when voting material is to be given, the manager must post the material to the address stated in the notice. (5) Before posting voting material to a voter, the manager must mark a ballot number for each voter on—

(a) the roll against the voter’s name; and

(b) the voting declaration.

(6) The manager must give each voter a different ballot number. (7) The ballot numbers must start with a number chosen by the manager. (8) A ballot paper or ballot envelope must not be marked in a way that could identify the voter. 100 Material for alternative ballots (1) The manager of an alternative ballot must post to each voter at their address on the roll—

(a) a copy of the latest version of—

(i) the scheme outline for the proposed amalgamation or withdrawal and any amendments to it; and

(ii) each ‘yes’ case for the proposed amalgamation or withdrawal and any amendments to it; and

(iii) each ‘no’ case for the proposed amalgamation or withdrawal and any amendments to it; and

(b) a statement that tells the voter how and where they may obtain a copy of the latest version of the scheme.

(2) The documents must be posted in enough time for them to be delivered, in the ordinary course of post, at least 7 days before the start day of the ballot. 101 Alternative ballots—distributing ballot papers (1) The manager of an alternative ballot must give a ballot paper initialled by the manager to each voter at the meeting at which the ballot is to be held. (2) However, if a voter tells the manager the voter will be absent from the meeting, the manager must give the voter each of the following as soon as practicable before the meeting starts—

(a) a ballot paper;

(b) a ballot envelope;

(c) a return envelope;

(d) a voting declaration.

102 Duplicate ballot documents—postal voting (1) This section applies if a ballot document for a proposed amalgamation or withdrawal posted to a voter—

(a) has not been received by the voter; or

(b) has been lost or destroyed; or

(c) if the ballot document is a ballot paper—has been spoilt.

(2) The voter may apply to the manager of the ballot for a duplicate of the ballot document. (3) The application must—

(a) be received by the manager on or before the finish day of the ballot; and

(b) state the grounds for the application; and

(c) if practicable, be substantiated by evidence verifying or tending to verify the grounds; and

(d) state the voter has not voted at the ballot; and

(e) if the ballot document is a spoilt ballot paper—be accompanied by the ballot paper.

(4) If the application complies with subsection (3), the manager must—

(a) give a duplicate of the document to the voter; or

(b) for a spoilt ballot paper—

(i) mark ‘spoilt’ on the paper; and

(ii) initial the paper where marked and keep the paper; and

(iii) give a fresh ballot paper to the voter.

(5) In this section— ballot document means—

(a) a document mentioned in section 101 (2); or

(b) voting material given to a voter under section 99.

103 Duplicate ballot papers—alternative ballot (1) If a voter at an alternative ballot satisfies the manager of the ballot, before putting the ballot paper in the ballot box, that the voter has spoilt the paper, the manager must—

(a) mark ‘spoilt’ on the paper; and

(b) initial the paper where marked and keep it; and

(c) give a fresh ballot paper to the voter.

(2) If a voter at an alternative ballot satisfies the manager of the ballot, before the ballot finishes, that the voter’s ballot paper has been lost, stolen or destroyed, the manager must give the voter a duplicate ballot paper. 104 Manager must keep a ballot box The manager must have a ballot box and—

(a) keep the box in a safe place; and

(b) seal the box in a way that—

(i) allows voting material to be put in it until the ballot finishes; and

(ii) prevents voting material from being taken from it until votes for the ballot are to be counted.

105 How to vote by post (1) This section applies if—

(a) a ballot is a secret postal ballot; or

(b) a voter is given voting material under section 101 (2) to cast an absentee vote in an alternative ballot.

(2) The voter may vote only by completing the following steps—

(a) completing a ballot paper by complying with the instructions on the paper;

(b) putting the ballot paper in the ballot envelope;

(c) sealing the ballot envelope;

(d) filling in and signing the voting declaration;

(e) putting the voting declaration and the ballot envelope in the return envelope;

(f) sealing the return envelope;

(g) complying with any direction given under section 99 (1) (g);

(h) returning the return envelope to the manager of the ballot before the ballot finishes by—

(i) posting it so the manager receives it before the ballot finishes; or

(ii) putting it in the ballot box before the ballot finishes.

106 How to vote in an alternative ballot (1) This section applies to a vote at a meeting for an alternative ballot. (2) The voter must vote by—

(a) completing a ballot paper; and

(b) complying with the instructions on the paper about how to vote and putting it in the ballot box.

107 How ballot manager must deal with voting material (1) A manager of a ballot for a proposed amalgamation or withdrawal must—

(a) put each return envelope apparently containing a ballot paper in the ballot box; and

(b) put all other voting material returned to the manager in a safe place until the vote has been counted.

Maximum penalty—20 penalty units. (2) If, after the finish day of the ballot for a proposed amalgamation or withdrawal, the manager receives a return envelope apparently containing a ballot paper for the ballot, the manager must—

(a) keep the envelope sealed; and

(b) mark the envelope ‘Received after the finish day’; and

(c) keep the envelope in safe custody, but separately from voting material received before the finish day.

Division 10 Roll 108 Roll—who may vote (1) The roll of voters for a ballot for a proposed amalgamation or withdrawal is the roll of persons having the right to vote at the ballot on a day (the roll cut-off day) fixed by the commission. (2) The day fixed must be at least 30 days and not more than 60 days before the ballot starts. (3) A person has the right to vote at a ballot for a proposed amalgamation if the person may, under the rules of the relevant existing organisation vote—

(a) at the ballot; or

(b) in an election.

(4) A person has the right to vote at a ballot for a proposed withdrawal if the person—

(a) is a member of the amalgamated organisation; and

(b) has the right to be a member of the proposed newly registered organisation under its proposed eligibility rules after the withdrawal day.

(5) The roll must be prepared at the direction of the manager of the ballot. (6) The manager must ensure the roll—

(a) states each voter’s name and, opposite their name, their address; and

(b) is completed no less than 14 days before the ballot starts.

Maximum penalty for subsection (6)—20 penalty units. 109 Roll—inspection (1) A manager of a ballot for a proposed amalgamation or withdrawal must make the roll for the ballot available for inspection—

(a) in the period that—

(i) starts on the day after the roll must be completed under section 108 (6) (b); and

(ii) ends 30 days after the ballot result is declared; and

(b) during ordinary business hours at the place the manager carries out the manager’s duties for the ballot.

Maximum penalty—20 penalty units. (2) The following persons may inspect the roll, free of charge, or take a copy of the roll or of part of the roll—

(a) for an amalgamation ballot—a member of an existing organisation the ballot is about;

(b) for a withdrawal ballot—a member of the amalgamated organisation from which the constituent part is seeking to withdraw;

(c) for an amalgamation or withdrawal ballot—a person authorised by the manager.

Division 11 Scrutineers 110 Scrutineers (1) An existing organisation’s management committee may appoint a member of the organisation as a scrutineer for a ballot to represent the interests of members for a proposed amalgamation. (2) An amalgamated organisation’s management committee may appoint a member of the organisation as a scrutineer for a ballot to represent the interests of members for a proposed withdrawal. (3) An appointment under subsection (1) or (2) must be written and be signed by an authorised officer of the organisation on the committee’s behalf. (4) A constituent part may appoint a constituent member as a scrutineer for a ballot to represent the interests of the part for a proposed withdrawal. (5) An appointment under subsection (4) must be written and be signed by the representative constituent member. (6) A committee or constituent part that appoints a scrutineer must notify the manager of the ballot of the scrutineer’s name as soon as possible after the appointment. (7) If a ‘no’ case has been filed for an amalgamation, the manager must allow any member of an existing organisation to be a scrutineer to safeguard the interests of members of the organisation against the proposal, but only if the manager is satisfied the member represents the members who filed the ‘no’ case. (8) However, there may be only 1 scrutineer under this section for each committee or constituent part entitled to appoint a scrutineer under this section for each official who is present where the ballot is being conducted. (9) Also, there may be only 1 scrutineer under subsection (7) for each official who is present where the ballot is being conducted. (10) In this section— official has the same meaning as it has in schedule 2, section 23. 111 Scrutineers’ rights (1) A scrutineer may be present when—

(a) ballot papers or other voting material for a ballot are prepared and given to voters; or

(b) voting material is received and put in the ballot box or in a safe place under section 107 (1); or

(c) votes are counted.

(2) The manager of a ballot may refuse to allow a person to act as a scrutineer if—

(a) the manager asks to inspect the written appointment as a scrutineer; and

(b) the person does not produce it.

112 Scrutineers’ objections (1) Before votes are counted for a ballot for a proposed amalgamation or withdrawal, a scrutineer may advise the manager of the ballot that the scrutineer considers an error has been made in conducting the ballot. (2) When votes for a ballot for a proposed amalgamation or withdrawal are being counted, a scrutineer may—

(a) object to a ballot paper being admitted as formal or rejected as informal; or

(b) advise the manager of the ballot that the scrutineer considers an error has been made in conducting the ballot or counting votes.

(3) If the scrutineer advises the manager of an error under subsection (1) or (2) (b), the manager must—

(a) decide whether the error has been made; and

(b) if appropriate, direct action to correct or mitigate the error.

(4) If a scrutineer objects under subsection (2) (a), the manager must—

(a) decide whether the ballot paper is to be admitted or rejected; and

(b) note the decision on the ballot paper; and

(c) initial the note.

113 Direction to leave count (1) A manager of a ballot for a proposed amalgamation or withdrawal may direct a person to leave the place where votes for the ballot are being counted if the manager reasonably believes the person—

(a) does not have the right to be present, or remain present, at the count; or

(b) is interrupting the count, other than to exercise a scrutineer’s right.

(2) A person must comply with a direction under subsection (1) unless the person has a reasonable excuse. Maximum penalty—10 penalty units. Division 12 Counting votes 114 Initial scrutiny of postal votes (1) This section applies if a vote is made under section 105. (2) As soon as possible after the ballot finishes, the manager of the ballot must—

(a) seal the ballot box in a way that prevents voting material from being put in it; and

(b) take the ballot box to the place where votes are to be counted.

(3) The manager must then—

(a) unseal the ballot box; and

(b) take out the return envelopes; and

(c) open each return envelope and take out the ballot envelope and the voting declaration; and

(d) examine the declaration and mark off the voter’s name on the roll; and

(e) check the ballot number on the declaration against the ballot number marked against the voter’s name on the roll; and

(f) ensure the declaration is signed.

(4) After complying with subsection (3), the manager must put the ballot envelopes in a container and the declarations into another container if satisfied—

(a) each declaration is signed; and

(b) the ballot number on each declaration corresponds with the ballot number marked beside the voter’s name on the roll.

(5) However, the manager must not put a ballot envelope or declaration in the containers mentioned in subsection (4) if—

(a) the manager reasonably believes the voter to whom it was sent did not sign the declaration; or

(b) the person named on the declaration is not the person to whom it was sent.

(6) Subsection (5) does not apply if the manager is satisfied the person who filled in and signed the declaration—

(a) is a voter; and

(b) has not previously voted in the ballot; and

(c) has a reasonable explanation for using someone else’s ballot material.

(7) The manager must keep ballot envelopes and declarations excluded under subsection (5) separate from other ballot envelopes and declarations. (8) A declaration is valid only if—

(a) it complies with subsection (4) (a) and (b); and

(b) subsection (5) does not apply.

(9) A valid declaration must be accepted as valid, and an invalid declaration must be rejected, by the manager. (10) If a declaration is accepted as valid by the manager, the manager must—

(a) note the acceptance of validity on the declaration; and

(b) record the correct ballot number on the roll against the name of the voter who signed the declaration.

(11) After separating the ballot envelopes and declarations, the manager must, in the following order—

(a) seal the container holding declarations;

(b) open the ballot envelopes not excluded under subsection (5) and take out the ballot papers;

(c) if a ballot envelope contains more than 1 ballot paper—mark each of the ballot papers from the envelope ‘informal under section 115 (3) (e)’;

(d) put all of the ballot papers in the ballot box.

115 Counting votes (1) The manager for a proposed amalgamation or withdrawal must—

(a) admit the formal votes and reject the informal votes; and

(b) count the formal votes, and record the number for and against the proposal; and

(c) count the informal votes.

(2) If there is an alternative scheme for a proposed amalgamation and a ballot does not approve the proposed amalgamation, the manager must—

(a) admit the formal votes, and reject the informal votes, for the alternative amalgamation; and

(b) count the formal votes, and record the number for and against the alternative amalgamation; and

(c) count the informal votes for the alternative amalgamation.

(3) A vote is informal only if—

(a) the ballot paper is not initialled by the manager and the manager is not satisfied the paper is authentic; or

(b) the ballot paper is marked in a way that allows the voter to be identified; or

(c) the ballot paper is not marked in a way that makes it clear how the voter meant to vote; or

(d) the ballot paper does not comply with a direction given under section 99 (1) (g); or

(e) the ballot envelope from which the ballot paper was taken contained more than 1 ballot paper.

116 Ballot records to be kept (1) This section applies—

(a) if a ballot is held for a proposed amalgamation or proposed withdrawal; and

(b) despite the rules of an organisation or constituent part.

(2) The electoral commission must do everything necessary to ensure all ballot records for the ballot are kept for 1 year after the ballot. Division 13 Approval of proposal 117 Members’ decision on amalgamation or withdrawal (1) This section applies if a proposed amalgamation or withdrawal is submitted to a ballot. (2) The amalgamation or withdrawal is approved by an existing organisation or constituent part only if—

(a) when a community of interest declaration exists for the proposed amalgamation—more than 50% of the formal votes cast by the members of the organisation are for the amalgamation; or

(b) otherwise—

(i) at least 25% of the members of the existing organisation or constituent members on the roll of voters cast a vote in the ballot; and

(ii) more than 50% of the formal votes cast by members of the existing organisation or constituent members are for the amalgamation or withdrawal.

118 Amalgamation approval (1) If each existing organisation for a proposed amalgamation approves the proposed amalgamation, the proposed amalgamation is approved. (2) An alternative amalgamation is approved if—

(a) the scheme for the proposed amalgamation has an alternative scheme; and

(b) 1 or more existing organisations for the amalgamation do not approve the proposed amalgamation; and

(c) each existing organisation that the alternative amalgamation is about approves the alternative amalgamation.

119 Ballot result report (1) The ballot manager must, within 14 days after the declaration of the result of a ballot for a proposed amalgamation or withdrawal, give the registrar a written ballot result report containing the particulars mentioned in section 35. (2) A contravention of this section does not invalidate a ballot. 120 Further ballot if amalgamation not approved (1) This section applies if—

(a) an amalgamation ballot (the first ballot) for a proposed amalgamation is held; and

(b) an existing organisation does not approve the amalgamation.

(2) The existing organisations may jointly file another ballot application for the proposed amalgamation. (3) If the application is filed within 1 year of the declaration of the first ballot, the commission may—

(a) omit a procedural step under this part for the proposed amalgamation; or

(b) order the conduct of a fresh ballot in place of an earlier ballot in the amalgamation; or

(c) give the directions and make the orders it considers necessary or desirable.

Division 14 Ballot inquiries Subdivision 1 Applications and referrals to commission 121 Commission may conduct ballot inquiry The commission may, on an application referred to it by the registrar under this division, conduct an inquiry (a ballot inquiry) about a claimed irregularity in an amalgamation or withdrawal ballot. 122 Who may apply An application for a ballot inquiry may be made only by—

(a) for an amalgamation ballot—a member of an existing organisation; or

(b) for a withdrawal ballot—a constituent member.

123 Requirements for application (1) The application must be made no later than 60 days after the result of the ballot has been declared. (2) The application must—

(a) state—

(i) the ballot for which the application is made; and

(ii) the irregularity that is claimed to have happened; and

(b) be accompanied by an affidavit by the applicant stating the facts claimed in the application are true to the best of the applicant’s knowledge and belief.

124 Referral to commission (1) The registrar may refer the application to the commission only if satisfied—

(a) there are reasonable grounds to inquire whether there has been an irregularity in the ballot that may have affected, or may affect, the ballot result; and

(b) the circumstances justify an inquiry.

(2) In deciding whether to refer, the registrar may consider other appropriate information that the registrar knows about. (3) If the registrar refers the application, the commission must—

(a) fix a time and place for the inquiry; and

(b) give directions to ensure that the persons who must be given an opportunity to be heard under section 654 of the Act are given notice of the time and place.

Subdivision 2 Investigations and interim orders 125 Commission may authorise registrar to investigate (1) The commission may, by order made before or after the registrar’s decision to refer, authorise the registrar to do any of the following—

(a) inspect ballot records for the ballot;

(b) take possession of the ballot records;

(c) enter a place of business used or occupied by the existing organisation, amalgamated organisation or constituent part at which the registrar reasonably believes the ballot records are held, using necessary and reasonable help;

(d) require a person to give the registrar ballot records in the person’s possession or under the person’s control, or to keep the ballot records, until—

(i) an inquiry is completed; or

(ii) an earlier time ordered by the commission.

(2) A person must comply with a requirement under subsection (1) (d) to give ballot records, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (3) A person must not obstruct the registrar when exercising a power under this section. Maximum penalty—20 penalty units. 126 Interim orders After the registrar refers the application, the commission may make an interim order —

(a) stopping any further steps—

(i) to conduct the ballot; or

(ii) that give effect to the ballot result; or

(b) consequential to another interim order.

127 When interim order ends An interim order ends—

(a) on the day stated in the order for it to end; or

(b) if it is discharged by the commission; or

(c) at the end of the ballot inquiry and everything the commission ordered, other than under an interim order, during the inquiry.

Subdivision 3 Conduct of ballot inquiries 128 Commission’s functions and powers for inquiry (1) For a ballot inquiry, the commission must inquire into and decide—

(a) if an irregularity has happened in the ballot; and

(b) other questions it considers necessary about the conduct and results of the ballot.

(2) The commission may make orders it considers necessary for the inquiry, including, for example, a recount of votes for the ballot. 129 Orders if irregularity found (1) This section applies if the commission finds an irregularity has happened, or is likely to happen, in a ballot. (2) The commission may make an order—

(a) for a fresh ballot or the repeat of a step in the ballot; or

(b) amending the rules of an organisation or constituent part in a way it considers necessary to correct a procedural defect in the rules; or

(c) directing safeguards it considers appropriate to stop irregularities in the ballot, fresh ballot or repeat step.

(3) Also, if the commission finds the ballot result may have been, or may be, affected by the irregularity or another irregularity, the commission may, by order, declare the ballot, or a step taken in or for it, to be void. (4) The commission may make any other order that is consequential to an order under this section. 130 Enforcing orders under this division The commission may make an order in the nature of an injunction, either mandatory or restrictive, it considers necessary to enforce an order or perform its functions or exercise its powers under this division. Subdivision 4 Offences about ballot inquiries 131 Disadvantaging applicant for inquiry (1) A person must not cause, inflict or procure a disadvantage to another person because the other person has applied for a ballot inquiry. Maximum penalty—20 penalty units. (2) In this section— disadvantage includes damage, detriment, injury, loss, punishment and violence. 132 Obstructing orders being carried out A person must not obstruct someone who is carrying out a commission order under this division. Maximum penalty—20 penalty units. Subdivision 5 Miscellaneous 133 Financial help for application (1) An applicant for a ballot inquiry may apply to the Minister for financial help. (2) The Minister may direct that financial help from the State be given to the applicant for the cost of the application, including witness expenses, if—

(a) the commission found an irregularity happened in the ballot and the Minister considers the circumstances justify the payment; or

(b) the commission certifies the applicant acted reasonably in applying for the inquiry; or

(c) after considering the commission’s findings at the inquiry, it is not just that the applicant should pay any of the costs.

(3) The registrar must decide the amount of the financial help. 134 Costs of fresh ballot ordered by inquiry (1) If the commission orders a fresh ballot under this part, the State must pay the costs of the fresh ballot. Example of a cost— the cost of premises used for the fresh ballot (2) In this section— fresh ballot, for an amalgamation or withdrawal, includes—

(a) a step in a ballot; and

(b) a safeguard, not allowed for under the rules of the organisation or constituent part, for a ballot or step in a ballot.

Division 15 Amalgamation or withdrawal taking effect 135 Who may apply to fix a start day for amalgamation or withdrawal (1) If an amalgamation or alternative amalgamation is approved under section 118, any of the organisations that approved the amalgamation or alternative amalgamation may apply to the commission to fix a start day for the amalgamation. (2) A constituent part that has approved a withdrawal under section 117 (2) (b) may apply to the commission to fix a start day for the withdrawal. 136 Fixing start day for amalgamation or withdrawal (1) An amalgamation starts on the day (the amalgamation day) fixed by the commission by notice published on the QIRC website. (2) A withdrawal starts on the day (the withdrawal day) fixed by the commission by notice published on the QIRC website. (3) However, the commission must not fix an amalgamation day or withdrawal day before—

(a) the time for making an application for an inquiry into an alleged irregularity in a ballot has ended; or

(b) if an application mentioned in paragraph (a) has been made—the application has been decided and the result of any fresh ballot ordered by the commission has been declared.

(4) Before fixing an amalgamation day, the commission must—

(a) consult with the existing organisations for the amalgamation about the proposed amalgamation day; and

(b) be satisfied that the proposed amalgamated organisation’s rules comply with the Act; and

(c) be satisfied there are no pending proceedings, other than civil proceedings, against the existing organisations for a contravention of—

(i) the Act or another Act; or

(ii) an industrial instrument; or

(iii) an order made under the Act or another Act.

(5) Before fixing a withdrawal day, the commission must be satisfied the proposed newly registered organisation’s rules comply with the Act. (6) If the commission has fixed an amalgamation day or withdrawal day by notice published on the QIRC website, the registrar must publish the notice in a newspaper circulating generally throughout the State. 137 Order to apportion assets and liabilities on withdrawal (1) If the commission fixes a withdrawal day, the commission must make the orders necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the proposed newly registered organisation. (2) In making the order, the commission must consider—

(a) the assets and liabilities of the constituent part before it, or the organisation of which it was a branch, was deregistered for the formation of the amalgamated organisation; and

(b) any change in the net value of those assets or liabilities that has happened since the amalgamation; and

(c) the interests of the creditors of the amalgamated organisation.

138 Holding office after withdrawal (1) A newly registered organisation’s rules may allow for a person to hold an elected office in the organisation if the person—

(a) was elected to an equivalent office in the constituent part of the amalgamated organisation; and

(b) held the office immediately before the withdrawal day for the constituent part.

(2) However, the rules may not allow the person to hold the office, without an election, for more than the longer of—

(a) the person’s unexpired office term immediately before the withdrawal day; or

(b) 1 year after the withdrawal day.

139 Effect of amalgamation on commission decisions From the amalgamation day—

(a) a commission decision that bound a proposed deregistering organisation and its members immediately before that day binds the amalgamated organisation and its members; and

(b) a reference in a commission decision to a deregistered organisation is taken to include the amalgamated organisation. Example for paragraph (b)— A reference to an organisation’s obligation to a deregistered organisation is taken to include the amalgamated organisation.

140 Effect of withdrawal on order of commission or industrial instrument (1) This section applies to an order of the commission or industrial instrument that, immediately before the withdrawal day, bound the amalgamated organisation in relation to the constituent part of the organisation and the constituent members. (2) On and from the withdrawal day, the order or industrial instrument—

(a) binds the newly registered organisation and its members; and

(b) has effect for all purposes as if references in the order or industrial instrument to the amalgamated organisation includes references to the newly registered organisation.

141 Effect of amalgamation on instruments (1) From the amalgamation day, the following instruments continue to have effect—

(a) an instrument that—

(i) a deregistered organisation is a party to; or

(ii) was given to, by, or in favour of a deregistered organisation; or

(iii) refers to a deregistered organisation;

(b) an instrument under which—

(i) money is, or may become, payable to, or by, a deregistered organisation; or

(ii) property may be disposed of to, or by, a deregistered organisation.

(2) For acts, omissions, transactions and matters done on or after that day, the instrument applies as if a reference in the instrument to a deregistered organisation were a reference to the amalgamated organisation. 142 Effect of withdrawal on agreements, arrangements or other instruments (1) This section applies if an instrument other than an order of the commission or an industrial instrument—

(a) operated immediately before a withdrawal day for a newly registered organisation; and

(b) is an agreement, arrangement or other instrument—

(i) that applied to the amalgamated organisation from which a constituent part withdrew to form the newly registered organisation; or

(ii) given to, or in favour of, the amalgamated organisation; or

(iii) that refers to the amalgamated organisation; or

(iv) under which a right or liability accrues, or may accrue, to the amalgamated organisation for the constituent part and its members.

(2) The agreement, arrangement or other instrument, as far as its context permits, continues to operate on and after the withdrawal day as if a reference to the amalgamated organisation includes a reference to the newly registered organisation. 143 Effect of amalgamation on pending proceedings (1) This section applies if a deregistered organisation was a party to a pending proceeding in a court or tribunal immediately before the amalgamation day. (2) The amalgamated organisation is substituted for each deregistered organisation as a party to the proceeding. (3) The proceeding must continue as if the amalgamated organisation were, and had always been, the deregistered organisation. 144 Effect of withdrawal on pending proceedings (1) This section applies if—

(a) an amalgamated organisation from which a constituent part withdrew to form a newly registered organisation was, immediately before the withdrawal day, a party to proceedings in a court or tribunal; and

(b) the proceedings were—

(i) pending on the withdrawal day; and

(ii) wholly or partly about the constituent members’ interests.

(2) On and from the withdrawal day, the newly registered organisation—

(a) if the proceeding was wholly about the constituent members’ interests—is substituted for the amalgamated organisation; or

(b) if the proceeding was partly about the constituent members’ interests—becomes a party.

(3) On and from the withdrawal day, the newly registered organisation has the same rights and obligations as the amalgamated organisation. 145 Amalgamated organisation to carry out amalgamation An amalgamated organisation for a completed amalgamation must take all necessary steps to carry out the amalgamation under this part. Part 13A Employers declared not to be national system employers pt hdg ins 2012 SL No. 90 s 31 145A Declaration for Act, s 692—Hospital and Health Services For section 692 (3) of the Act, each Hospital and Health Service under the Hospital and Health Boards Act 2011 stated in schedule 5A is declared not to be a national system employer for the purposes of the Commonwealth Act, section 14 (2). s 145A ins 2012 SL No. 90 s 31 145B Declaration for Act, s 692—Gold Coast Waterways Authority For section 692 (3) of the Act, the Gold Coast Waterways Authority established under the Gold Coast Waterways Authority Act 2012 is declared not to be a national system employer for the purposes of the Commonwealth Act, section 14 (2). s 145B ins 2012 SL No. 232 s 8 145C Declaration for Act, s 692—local governments For section 692 (3) of the Act, each local government under the Local Government Act 2009 stated in schedule 5B is declared not to be a national system employer for the purposes of the Commonwealth Act, section 14 (2). s 145C ins 2012 SL No. 223 s 4 145D Declaration for Act, s 692—Trade and Investment Queensland For section 692 (3) of the Act, Trade and Investment Queensland established under the Trade and Investment Queensland Act 2013 is declared not to be a national system employer for the purposes of the Commonwealth Act, section 14 (2). s 145D ins 2013 Act No. 28 s 60 145E Declaration for Act, s 692—TAFE Queensland For section 692 (3) of the Act, TAFE Queensland established under the TAFE Queensland Act 2013 is declared not to be a national system employer for the purposes of the Commonwealth Act, section 14 (2). s 145E ins 2014 SL No. 50 s 4 145F Declaration for Act, s 692—Queensland Agricultural Training Colleges For section 692 (3) of the Act, Queensland Agricultural Training Colleges continued under the Queensland Agricultural Training Colleges Act 2005 is declared not to be a national system employer for the purposes of the Commonwealth Act, section 14 (2). s 145F ins 2014 SL No. 112 s 6 145G Declaration for Act, s 692—Tourism and Events Queensland For section 692 (3) of the Act, Tourism and Events Queensland under the Tourism and Events Queensland Act 2012 is declared not to be a national system employer for the purposes of the Commonwealth Act, section 14 (2). s 145G ins 2014 SL No. 68 s 4 145H Declaration for Act, s 692—Queensland Curriculum and Assessment Authority For section 692 (3) of the Act, the Queensland Curriculum and Assessment Authority established under the Education (Queensland Curriculum and Assessment Authority) Act 2014 is declared not to be a national system employer for the purposes of the Commonwealth Act, section 14 (2). s 145H ins 2014 SL No. 68 s 4 145I Declaration for Act, s 692—Queensland Training Assets Management Authority s 145I ins 2014 SL No. 190 s 4 om 2015 SL No. 113 s 3 145J Declaration for Act, s 692—Building Queensland For section 692 (3) of the Act, Building Queensland established under the Building Queensland Act 2015 is declared not to be a national system employer for the purposes of the Commonwealth Act, section 14 (2). s 145J ins 2015 Act No. 22 s 68 145K Declaration for Act, s 692—Queensland Productivity Commission For section 692 (3) of the Act, the Queensland Productivity Commission established under the Queensland Productivity Commission Act 2015 is declared not to be a national system employer for the purposes of the Commonwealth Act, section 14 (2). s 145K ins 2015 Act No. 29 s 69 sch 2 145L Declaration for Act, s 692—National Injury Insurance Agency, Queensland For section 692(3) of the Act, the National Injury Insurance Agency, Queensland established under the National Injury Insurance Scheme (Queensland) Act 2016 is declared not to be a national system employer for the purposes of the Commonwealth Act, section 14(2). s 145L ins 2016 SL No. 181 s 3 Part 14 General 146 Certificate of employment on termination—Act, s 700 (1) For section 700 (1) of the Act, a certificate of employment on termination must include the following particulars—

(a) the employee’s full name and address;

(b) a description of the trade or occupation in which the employee was employed;

(c) the dates on which the employee started and finished employment with the employer;

(d) the address of the workplace at which the employee was employed.

(2) The certificate must be signed and dated by the employer. Part 14A Continuing agreements pt hdg ins 2013 SL No. 260 s 16 146A Extension of nominal expiry date—Act, s 828 (1) For section 828 (1) (b) of the Act, 31 July 2014 is prescribed for the ‘Australian Agricultural College Employing Office Certified Agreement 2009’. (2) For section 828 (2) (b) of the Act—

(a) 31 December 2014 is prescribed for the ‘QBuild Field Staff Certified Agreement 8 (2011)’ as it applies to employees of City Parklands Transition Services Pty Ltd ACN 068 043 318; and

(b) 31 December 2014 is prescribed for the ‘QBuild Office Staff Certified Agreement 8 (2009)’ as it applies to employees of City Parklands Transition Services Pty Ltd; and

(c) 31 December 2014 is prescribed for the ‘South Bank Employing Office Employees’ Certified Agreement 2011’ as it applies to employees of City Parklands Transition Services Pty Ltd; and

(d) 1 October 2014 is prescribed for a certified agreement under section 827 of the Act that—

(i) applies to a local government other than the Brisbane City Council; and

(ii) becomes a continuing agreement under section 827 (2) of the Act during the period starting on 30 June 2014 and ending on 30 September 2014; and

(e) 1 November 2014 is prescribed for a certified agreement under section 827 of the Act that—

(i) applies to a local government other than the Brisbane City Council; and

(ii) becomes a continuing agreement under section 827 (2) of the Act during the period starting on 30 September 2014 and ending on 31 October 2014; and

(f) 31 August 2015 is prescribed for the ‘Department of Education and Training (Education) Cleaners’ Certified Agreement 2011’; and

(g) 30 June 2016 is prescribed for the ‘Department of Education, Training and Employment State School Teachers’ Certified Agreement 2012’.

s 146A ins 2013 SL No. 260 s 16 amd 2014 SL No. 20 s 3; 2014 SL No. 143 s 7; 2014 SL No. 190 s 5; 2014 SL No. 212 s 4; 2015 SL No. 91 s 3 146B Wage increase—Act, s 830 (1) This section prescribes, for section 830 (1) of the Act, an increase in wages that applies to employees covered by a continuing agreement mentioned in schedule 5C, column 1 (a continuing agreement). (2) An increase stated in column 2 of the schedule opposite a continuing agreement—

(a) applies to the relevant wages; and

(b) applies, or is taken to have applied, on and from the day stated in column 3 of the schedule opposite the increase.

(3) However, any increase applies only to an employee who is covered by the continuing agreement on or after 1 December 2013. (4) In this section— relevant wages, in relation to an increase stated in column 2 of schedule 5C opposite a continuing agreement, means—

(a) if there is more than one increase stated for the agreement—

(i) for the first increase stated for the agreement—the wages stated in the agreement; or

(ii) for any other increase stated for the agreement—the wages stated in the agreement as affected by any earlier increase for the agreement; or

(b) otherwise—the wages stated in the agreement.

s 146B ins 2013 SL No. 260 s 16 amd 2015 SL No. 91 s 4 Part 15 Repeal, saving and transitional provisions Division 1 Repeal 147 Repeal The Industrial Relations Regulation 2000 SL No. 287 is repealed. Division 2 Saving and transitional provisions 148 Model rules (1) This section applies if—

(a) before the commencement of this section, an organisation, by a resolution under its rules, adopts all the model election rules (the former model election rules) contained in schedule 3 of the repealed Industrial Relations Regulation 2000 without change; and

(b) at the commencement of this section, the organisation’s resolution to adopt the former model election rules is current.

(2) The organisation is taken to have adopted the model election rules contained in schedule 2 of this regulation. 149 Declarations for Commonwealth Act, section 14 (2) under repealed regulation (1) The repeal of the Industrial Relations Regulation 2000 (the repealed regulation) does not affect the declarations made under part 14 and schedule 7A of that regulation. (2) The text of part 14 and schedule 7A of the repealed regulation is set out in schedule 6 for information purposes only. 150 References to repealed regulation A reference in an Act or other document to the repealed Industrial Relations Regulation 2000 may, if the context permits, be taken to be a reference to this regulation. Schedule 1AA CONTENT OF MODERN INDUSTRIAL INSTRUMENTS— ACT, ss 71M, 71MA, and 71MB sch 1AA ins 2013 SL No. 260 s 17 om 2015 No. 7 s 36 sch 1 Schedule 1 Percentage of gross amount payable to model or performer section 14 Column 1 Work Column 2 Percentage of gross amount payable 1 All work, other than work mentioned in item 2 10% 2 For work involving live theatre, a live musical or a live variety performance but not involving film, television or electronic media, for any period after 5 weeks 5% Schedule 2 Model election rules section 33 Part 1 Definitions 1 Definitions In these rules— ballot box means a ballot box kept under section 15. candidate, for an election, means a person—

(a) who has nominated as a candidate for the office the election is about; and

(b) whose nomination has been accepted under section 6 (3); and

(c) whose nomination has not been withdrawn.

eligible member means a person who was a financial member of the organisation 30 days before the starting time for nominations. higher office means—

(a) for the office of management committee member—any office other than the office of trustee; or

(b) for the office of assistant secretary—the office of secretary, vice-president or president; or

(c) for the office of secretary—the office of vice-president or president; or

(d) for the office of vice-president—the office of president.

initialled by the manager of an election includes being marked with a facsimile of the manager’s initials. member means a member of the organisation. return envelope see section 14 (1) (b). roll, for an election, means the roll of voters prepared for the election under section 10. scrutineer means—

(a) a candidate who acts personally as a scrutineer; or

(b) a person appointed as a scrutineer for a candidate under section 21.

secretary means—

(a) the person holding office as the organisation’s secretary; or

(b) another officer of the organisation, however described, who has the functions of the organisation’s secretary.

trustee means the office of a person holding, whether as trustee or otherwise, property—

(a) of the organisation; or

(b) that the organisation has a beneficial interest in.

voter means a person—

(a) who is an eligible member; and

(b) whose name is on the roll under section 10.

voting material see section 14 (1). Part 2 Manager of election 2 Manager of election—functions and powers (1) The manager of an election—

(a) must not influence, or attempt to influence, the outcome of the election; and

(b) must conduct the election under these rules; and

(c) may take the action, and give the directions, the manager considers reasonably necessary to ensure that the processes under which the election is conducted are transparent; and

(d) must ensure suitable arrangements are made with Australia Post for the return of ballot papers to a box or locked bag at a post office.

(2) The manager of an election other than an electoral officer may take the action, and give the directions, the manager considers reasonably necessary—

(a) to ensure no irregularities happen in the election; or

(b) to remedy a procedural defect that appears to the manager to exist about the election.

Note— See the Act, section 485 (Action or directions by electoral officer) for the actions and directions an electoral officer may take or give. (3) To ensure the integrity of an election, the address for return of ballot papers must not be the organisation’s usual postal address. Part 3 Pre-election procedures 3 Closing day and time for nominations (1) The manager of the election must fix the opening day and closing day for nominations for office. (2) The closing day must be at least 28 days after notice is given under section 5. (3) Nominations open at midday on the opening day and close at midday on the closing day. 4 Starting and finishing days of ballot (1) If a ballot becomes necessary under section 8, the manager of the election must fix the start and finish days for the ballot to decide the result of the election. (2) The start day must not be before the closing day for nominations for the offices to be filled at the election. 5 Calling for nominations (1) The manager of the election must call for nominations for the offices to be filled by notice given to members in 1 of the following ways—

(a) by post to each member at the address recorded in the members register;

(b) if the organisation publishes a journal or newsletter that it gives to its members free of charge, by advertisement in the journal or newsletter;

(c) in a daily newspaper circulating in the area where the organisation’s members live or work.

(2) The notice must state—

(a) the opening day for nominations; and

(b) the closing day for nominations; and

(c) that nominations for office—

(i) open at midday on the opening day; and

(ii) close at midday on the closing day; and

(d) who may nominate as a candidate in the election; and

(e) that nominations for office must be written, signed by the nominee and given to the manager before nominations close; and

(f) the starting and finishing days for a ballot to decide the result of the election if a ballot becomes necessary under section 8; and

(g) that only a person who was a financial member 30 days before the opening time for nominations may vote in the election; and

(h) that the ballot will be decided by a first-past-the-post system of voting.

6 Nomination procedure (1) A nomination for office must be written, signed by the nominee and given to the manager of the election before nominations close. (2) A person may nominate for more than 1 office. Note— For what happens when a person nominates for more than 1 office, see sections 9 and 30. (3) The manager must accept a nomination if—

(a) it complies with subsection (1); and

(b) the nominee is an eligible member.

(4) A candidate may withdraw the candidate’s nomination by written notice given to the manager no later than 7 days after nominations close. 7 What happens if a nomination is defective (1) The manager of the election must reject a nomination given to the manager of the election after nominations have closed. (2) If a nomination for an office is defective, other than because the nominee is not qualified to hold the office or because the nomination was made after the closing time, the manager must—

(a) reject it; and

(b) give the nominee notice of the defect; and

(c) if practicable, give the nominee an opportunity to remedy the defect.

(3) If practicable, the notice must be given before nominations close. (4) Failure to give the notice does not invalidate the election. 8 When a ballot must be held If there are more candidates for election to an office than the number to be elected, the manager must conduct a secret postal ballot under part 4. 9 Election without ballot The manager of the election must declare a candidate elected to an office if—

(a) nominations have closed; and

(b) the candidate does not hold another office; and

(c) the candidate has—

(i) not nominated for a higher office; or

(ii) nominated for a higher office and is not elected to the higher office; and

(d) if the election is for president or secretary—the candidate is the only candidate; and

(e) if the election is for another type of office—the number of candidates for the office is not more than the number of offices of the same type to be elected at the same time.

Part 4 Conducting ballots Division 1 General 10 Roll—preparation (1) A roll for a ballot must be prepared at the direction of the manager of the election. (2) The manager must ensure the roll—

(a) states—

(i) the name of each person who is an eligible member of the organisation in alphabetical order; and

(ii) each eligible member’s address, opposite their name; and

(b) is completed when nominations for the election close.

(3) The organisation must give the manager—

(a) a copy of its members register; and

(b) access to the organisation’s records reasonably necessary for the manager to ensure the roll is accurate.

11 Roll—inspection (1) The manager of the election must make the roll for the election available for inspection—

(a) in the period that—

(i) starts on the day after the roll must be completed under section 10; and

(ii) ends 30 days after the result of the election is declared; and

(b) at the manager’s office when it is open for business.

(2) A candidate, member or a person authorised by the manager may inspect the roll, free of charge. (3) If, during the period stated in subsection (1), a candidate or member asks for a copy of the roll or a stated part of the roll, the manager must give the person the copy, free of charge. 12 When someone can claim a right to vote (1) Despite section 10 (2), if an eligible member’s name does not appear on the roll, the member may apply to the manager of the election to have the member’s name included on the roll. Note— Under section 704 of the Act, the application must be written. (2) If the manager is satisfied the applicant is an eligible member, the manager must include the applicant’s name on the roll. Division 2 Voting material 13 Ballot papers (1) A ballot paper for the election must—

(a) have a watermark or other distinctive pattern that prevents it from being reproduced other than by the manager or a person authorised by the manager; and

(b) be of paper that will hide a vote marked on it from view when it is folded once; and

(c) be a different colour from the colour used for ballot papers at the 2 previous elections held for the organisation; and

(d) list the names of each candidate once only for each office the election is for, with the surname first, followed by the candidate’s other names; and

(e) state how the voter may vote; and

(f) state that the voter must fill in and sign the voting declaration or the vote will not be counted; and

(g) state that the voter must return the ballot paper to the manager so it is received on or before the finish day of the ballot.

Note— See section 40 of this regulation for other requirements for ballot papers. (2) The order of names on the ballot paper must be decided by lot. (3) If 2 or more candidates have the same surname and first names, the candidates must be distinguished in an appropriate way. Example— The occupation of each candidate may be added to the ballot paper. 14 Distributing voting material (1) The manager of the election must post the following things (the voting material) to each voter—

(a) a ballot paper initialled by the manager;

(b) an unsealed reply paid envelope (a return envelope) addressed to the manager;

(c) a ballot envelope and a voting declaration;

(d) other material the manager considers appropriate for the ballot including, for example, directions or notes to help the voter to comply with these rules and cast a valid vote.

(2) Voting material must be posted to each voter—

(a) in a sealed envelope to the voter’s address on the roll; and

(b) as soon as practicable, but no earlier than 2 days before the starting day of the ballot.

(3) The voting declaration must state ‘I certify that I am the person whose name appears on this envelope and I have voted on the ballot paper enclosed.’. (4) If a voter gives the manager a notice that the voter will be at an address other than the address stated on the roll when voting material is to be given, the manager must post the material to the other address. (5) Before posting voting material to a voter, the manager must mark a ballot number for each voter on—

(a) the roll against the voter’s name; and

(b) the declaration form.

(6) The manager must give each voter a different ballot number. (7) The ballot numbers must start with a number chosen by the manager. (8) A ballot paper or ballot envelope must not be marked in a way that could identify the voter. 15 Manager must keep a ballot box The manager must have a ballot box and—

(a) keep the box in a safe place; and

(b) seal the box in a way that—

(i) allows voting material to be put in it until the ballot finishes; and

(ii) prevents voting material from being taken from it until votes for the ballot are to be counted.

16 Duplicate voting material (1) This section applies if voting material posted to a voter—

(a) has not been received by the voter; or

(b) has been lost or destroyed; or

(c) if the document is a ballot paper—has been spoilt.

(2) The voter may apply to the manager of the election for a duplicate of the document. (3) The application must—

(a) be received by the manager on or before the finish day of the ballot; and

(b) state the grounds on which it is made; and

(c) if practicable, be substantiated by evidence verifying or tending to verify the grounds; and

(d) state that the voter has not voted at the ballot; and

(e) if the document is a spoilt ballot paper—be accompanied by the ballot paper.

(4) If the application complies with subsection (3), the manager must—

(a) if the document is a spoilt ballot paper—

(i) mark ‘spoilt’ on the paper; and

(ii) initial the paper beside that marking and keep the paper; and

(iii) give a fresh ballot paper to the voter; or

(b) otherwise—give a duplicate of the document to the voter.

Division 3 Voting 17 How long ballot is open A ballot must remain open for—

(a) at least 21 days; and

(b) no longer than 49 days.

18 How to vote A voter may vote only by completing the following steps—

(a) completing a ballot paper by—

(i) writing a tick or cross in the square opposite the name or names of the number of candidates the voter may vote for under section 19; and

(ii) complying with the instructions on the paper about how to vote;

(b) putting the ballot paper in a ballot envelope;

(c) sealing the ballot envelope;

(d) filling in and signing the voting declaration for the ballot paper;

(e) putting the voting declaration and the ballot envelope in the return envelope;

(f) sealing the return envelope;

(g) complying with any direction given under section 14 (1) (d);

(h) returning the return envelope to the manager of the election so that the envelope is received on or before the finish day for the ballot.

19 How many votes may be cast A voter may vote for only the following number of candidates on a ballot paper—

(a) for an election for president or secretary—1 candidate;

(b) for an election for another type of office—the number of candidates that is not more than the number of offices of the same type to be elected at the same time.

Division 4 Counting and scrutiny of votes 20 How manager must deal with voting material (1) The manager of the election must put all voting material returned to the manager in the ballot box until voting has ended. (2) If, after the finishing day for the election, the manager receives a return envelope apparently containing a ballot paper for the election, the manager must—

(a) keep the envelope sealed; and

(b) mark the envelope ‘Received by the manager after the finishing day for the ballot’; and

(c) keep the envelope in safe custody, but separately from return envelopes received before or on the finishing day.

21 Scrutineers—appointment (1) A candidate may—

(a) act personally as a scrutineer; or

(b) appoint another person (an appointee) as a scrutineer for the candidate.

(2) An appointment must be in writing and signed by the candidate. (3) A candidate must notify the manager of the election of the name of the candidate’s appointee as soon as possible after the appointee is appointed. (4) The manager may refuse to allow an appointee to act as a scrutineer if—

(a) the manager asks to inspect the appointment as a scrutineer; and

(b) the appointee does not produce it.

22 Scrutineers’ rights Subject to section 23, a scrutineer may be present when—

(a) ballot papers or other voting material for a ballot are prepared and given to voters; and

(b) voting material is received and put in safe custody under section 20; and

(c) votes are counted.

23 Scrutineers—numbers attending (1) Each candidate may have only 1 scrutineer exercising a right under section 22 for each official present where the ballot is being conducted. (2) In subsection (1)— official means—

(a) if the ballot is being conducted by the electoral commission—an electoral officer; or

(b) if the ballot is not being conducted by the electoral commission—

(i) the manager of the election; or

(ii) any other person appointed by the manager to exercise the manager’s powers for the election.

24 Initial scrutiny of voting material (1) As soon as possible after the ballot finishes, the manager of the election must—

(a) seal the ballot box in a way that prevents voting material from being put in it; and

(b) take the ballot box to the place where votes are to be counted.

(2) The manager must then—

(a) unseal the ballot box; and

(b) take out the return envelopes; and

(c) open each return envelope and take out the ballot envelope and the voting declaration; and

(d) examine the declaration and mark off the voter’s name on the roll; and

(e) check the ballot number on the declaration against the ballot number marked against the voter’s name on the roll; and

(f) ensure the declaration is signed.

(3) After complying with subsection (2), the manager must put the ballot envelopes in a container and the declarations into another container if satisfied—

(a) each declaration is signed; and

(b) the ballot number on each declaration corresponds with the ballot number marked beside the voter’s name on the roll.

(4) However, the manager must not put a ballot envelope or declaration in the containers mentioned in subsection (3) if—

(a) the manager reasonably believes the voter to whom it was sent did not sign the declaration; or

(b) the person named on the declaration is not the person to whom it was sent.

(5) Subsection (4) does not apply if the manager is satisfied the person who filled in and signed the declaration—

(a) is a voter; and

(b) has not previously voted in the ballot; and

(c) has a reasonable explanation for using someone else’s ballot material.

(6) The manager must keep ballot envelopes and declarations excluded under subsection (4) separate from other ballot envelopes and declarations. (7) A declaration is valid only if—

(a) it complies with subsection (3) (a) and (b); and

(b) subsection (4) does not apply.

(8) A valid declaration must be accepted as valid, and an invalid declaration must be rejected, by the manager. (9) If a declaration is accepted as valid by the manager the manager must—

(a) note the acceptance of validity on the declaration; and

(b) record the correct ballot number on the roll against the name of the voter who signed the declaration.

(10) After separating the ballot envelopes and declarations, the manager must, in the following order—

(a) seal the container holding declarations;

(b) open the ballot envelopes not excluded under subsection (4) and take out the ballot papers;

(c) if a ballot envelope contains more than 1 ballot paper for each office the election is for—mark each of the ballot papers from the envelope ‘informal under section 25 (2) (e)’;

(d) put all of the ballot papers in the ballot box.

25 Counting votes (1) To count votes the manager of the election must—

(a) admit the formal votes and reject the informal votes; and

(b) count the formal votes, and record the number for each candidate; and

(c) count the informal votes.

(2) A vote is informal only if—

(a) the ballot paper is not initialled by the manager and the manager is not satisfied the paper is authentic; or

(b) the ballot paper is marked in a way that allows the voter to be identified; or

(c) the ballot paper is not marked in a way that makes it clear how the voter meant to vote; or

(d) the ballot paper does not comply with a direction given under section 14 (1) (d); or

(e) the ballot paper was taken from a ballot envelope that contained another ballot paper for the office the election is for.

26 Scrutineers’ objections (1) Before votes are counted, a scrutineer may advise the manager that the scrutineer considers an error has been made in conducting the ballot. (2) When votes are counted, a scrutineer may—

(a) object to a ballot paper being admitted as formal or rejected as informal by the manager of the election; or

(b) advise the manager of the election that the scrutineer considers an error has been made in conducting the ballot or counting votes.

(3) If a scrutineer advises the manager under subsection (1) or (2) (b), the manager must—

(a) decide whether the error has been made; and

(b) if appropriate—direct action to correct or mitigate the error.

(4) If a scrutineer objects under subsection (2) (a), the manager must—

(a) decide whether the ballot paper is to be admitted or rejected; and

(b) note the decision on the ballot paper and initial the note.

27 Direction by manager to leave count The manager of the election may direct a person to leave the place where votes are being counted if the person—

(a) does not have the right to be present at the count; or

(b) interrupts the count, other than to exercise a scrutineer’s right.

Division 5 Election result 28 How result is decided (1) The method of deciding the result of a ballot is by a first-past-the-post system. (2) If only 1 office of the same type is to be filled in an election, the candidate with the most formal votes is elected. (3) If more than 1 office of the same type is to be filled, that number of candidates corresponding with the number of offices to be filled who have the most formal votes are elected. (4) This section is subject to sections 29 and 30. 29 What happens if votes for 2 or more candidates are equal (1) If the manager can not decide which candidate is elected to an office because the votes cast for 2 or more candidates are equal, the manager of the election must decide which candidate is elected by drawing lots. (2) A decision under subsection (1) must be made in the presence of any scrutineer who wishes to attend. 30 What happens if multiple nominee elected If a candidate is elected to an office, other than as a trustee, and the candidate is also elected to a higher office, the manager of the election may only declare the candidate elected to the higher office. Schedule 2A Particulars of interests section 40A 1 Definitions for sch 2A In this schedule— controlling interest, in shares in a corporation, for a person, means the person can—

(a) dispose of, or exercise control over the disposal of, the shares; or

(b) if the shares are voting shares—exercise, or control the exercise of, a voting power attached to the shares.

debenture see the Corporations Act, section 9. holding company, for a corporation, see the Corporations Act, section 9. nominee corporation means a corporation whose principal business is holding marketable securities as a trustee or nominee. relevant person means each of the following persons—

(a) an officer of an organisation;

(b) the spouse of an officer of an organisation.

securities see the Corporations Act, section 9. subsidiary, for a corporation, see the Corporations Act, section 9. s 1 def relevant person ins 2013 SL No. 133 s 11 sub 2013 SL No. 169 s 4 2 Shareholding or controlling interest in corporation The particulars required for each corporation in which a relevant person is a shareholder or has a controlling interest in shares are as follows—

(a) the corporation’s name;

(b) if the shareholding or interest is a controlling interest in the corporation—details of the shareholdings of the corporation in any other corporation;

(c) if the shareholding or interest is held in a proprietary company that is the holding company of another corporation—

(i) details of the holding company’s investments; and

(ii) the name of any corporation that is a subsidiary of the holding company; and

(iii) the name of any corporation that is a subsidiary of any corporation that is the holding company’s subsidiary; and

(iv) the investments or other interests in property held by the subsidiaries;

(d) if the shareholding or interest is held in a proprietary company—the investments or other interests in property, other than those mentioned in paragraph (c)(iv), held by the company.

s 2 ins 2013 SL No. 133 s 11 3 Officer of corporation The particulars required for each corporation of which a relevant person is an officer are as follows—

(a) the corporation’s name;

(b) the nature of the office held;

(c) the nature of the corporation’s activities.

s 3 ins 2013 SL No. 133 s 11 4 Beneficial interest in trust or nominee corporation The particulars required for each family or business trust or nominee corporation in which a relevant person holds a beneficial interest are as follows—

(a) the name of, or a description sufficient to identify, the trust, or the corporation’s name;

(b) the nature of the activities of the trust or corporation;

(c) the nature of the interest.

s 4 ins 2013 SL No. 133 s 11 5 Self managed superannuation fund (1) This section applies to each self managed superannuation fund for which a relevant person is—

(a) a trustee; or

(b) if the trustee of the fund is a corporation—a director of the trustee.

(2) The particulars required for each self managed superannuation fund are as follows––

(a) the name or a description of the fund;

(b) the nature of the activities of the fund;

(c) the investments or other interests in property held, of which the relevant person is aware, by the fund.

(3) In this section— director see the Corporations Act, section 9. self managed superannuation fund see the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 10. s 5 ins 2013 SL No. 133 s 11 6 Trustee for trust The particulars required for each family or business trust of which a relevant person is a trustee are as follows—

(a) the name of, or a description sufficient to identify, the trust;

(b) the nature of the trust’s activities;

(c) the name of each beneficiary of the trust, or, if the trust is a discretionary trust, each class of persons who may benefit under the trust.

s 6 ins 2013 SL No. 133 s 11 7 Partnership and joint venture The particulars required for each partnership or joint venture in which a relevant person has an interest are as follows—

(a) the name of, or a description sufficient to identify, the partnership or joint venture;

(b) the nature of the partnership’s or joint venture’s activities;

(c) the nature of the interest.

s 7 ins 2013 SL No. 133 s 11 8 Land The particulars required for all land in which a relevant person has an interest are as follows—

(a) the suburb or locality of the land;

(b) the approximate size of the land;

(c) the purpose for which the land is, and is intended to be, used;

(d) the nature of the interest.

s 8 ins 2013 SL No. 133 s 11 9 Liability (1) The particulars required for each liability, other than department store and credit card accounts, of a relevant person, trust or private company are as follows—

(a) the nature of the liability;

(b) the name of the creditor.

(2) However, subsection (1) does not apply if the debt—

(a) is for an amount of $10,000 or less; or

(b) arises from the supply of goods or services supplied in the ordinary course of—

(i) the relevant person’s business; or

(ii) the business of the trust or private company.

(3) In this section— private company means a proprietary company in which a relevant person holds securities. trust means a trust of which a relevant person is a beneficiary. s 9 ins 2013 SL No. 133 s 11 10 Debentures and similar investments The particulars required for each debenture or similar investment held by a relevant person are as follows—

(a) the nature of the investment;

(b) the name of the corporation in which the investment is made;

(c) the nature of the business of the corporation.

s 10 ins 2013 SL No. 133 s 11 11 Savings and investment accounts The particulars required for each savings or investment account of a relevant person held with a financial institution are as follows—

(a) the nature of the account;

(b) the name of the institution.

s 11 ins 2013 SL No. 133 s 11 12 Membership of political party, body or association, or trade or professional organisation The particulars required for each political party, body or association, or trade or professional organisation, of which a relevant person is a member are its name and address. s 12 ins 2013 SL No. 133 s 11 13 Other assets with value of more than $5000 (1) The particulars required for each other asset of a relevant person with a value of more than $5000 are sufficient details of the asset to identify it. (2) This section does not apply to the following—

(a) household and personal effects;

(b) a motor vehicle used mainly for personal use;

(c) superannuation entitlements.

s 13 ins 2013 SL No. 133 s 11 14 Other sources of income of more than $500 a year The particulars required for each other source of income of more than $500 a year received by the following are sufficient details of the income to identify it—

(a) a relevant person;

(b) a proprietary company in which a relevant person holds securities;

(c) a trust of which a relevant person is a beneficiary.

s 14 ins 2013 SL No. 133 s 11 15 Other financial or non-financial interests (1) The particulars required for each other interest of a relevant person are sufficient details of the interest to identify it. (2) In this section— interest, of a relevant person, means a financial or non-financial interest—

(a) of which the relevant person is aware; and

(b) that raises, appears to raise, or could raise, a conflict between the relevant person’s duty under the Act and the holder of the interest.

s 15 ins 2013 SL No. 133 s 11 sch 2A ins 2013 SL No. 133 s 11 Schedule 2B Requirements for financial policies section 40B 1 Policy for spending authorisations and delegations (1) An organisation’s policy for authorisations and delegations relating to the organisation’s spending must—

(a) require an instrument of authorisation or delegation, under which an officer or employee of the organisation is authorised to approve the organisation’s spending, to state the following—

(i) the name of, or office held by, the officer or employee;

(ii) the purposes for which the officer or employee is authorised to approve the organisation’s spending;

(iii) the amount of spending the officer or employee is authorised to approve for each purpose mentioned in subparagraph (ii); and

(b) include procedures for—

(i) how the organisation’s spending is approved; and

(ii) how the approval of the spending is documented; and

(c) for spending that is personally incurred by an officer or employee of the organisation, provide that—

(i) the officer or employee must not authorise the spending; and

(ii) the spending must be authorised by—

(A) another officer or employee of the organisation who holds a senior role in the organisation; or

(B) the organisation’s management committee.

(2) For subsection (1) (c), an officer or employee of an organisation personally incurs the organisation’s spending if the spending—

(a) is incurred using a credit card of the organisation issued to the officer or employee; or

(b) relates to travel undertaken, or accommodation or hospitality used, by the officer or employee; or

(c) relates to a gift given by the officer or employee.

(3) In this section— authorised, to do a thing, includes delegated the authority to do the thing. 2 Policy for credit cards An organisation’s policy for the organisation’s credit cards must—

(a) state the following—

(i) the circumstances in which an officer or employee of the organisation may be issued a credit card of the organisation;

(ii) the purposes for which the organisation’s credit cards may be used;

(iii) the purposes, including spending for personal purposes, for which use of the organisation’s credit cards is prohibited; and

(b) include procedures for reporting the use of a credit card of the organisation for unauthorised or prohibited transactions; and

(c) require the following—

(i) payment of an invoice for a credit card of the organisation to be approved, or jointly approved, by an officer or employee of the organisation other than the officer or employee to whom the credit card is issued;

(ii) credit card usage and payments to be regularly reported to the organisation’s management committee or another committee responsible for the organisation’s financial management;

(iii) a sample of the invoices and payments for 1 or more of the organisation’s credit cards to be periodically audited.

3 Policy for contracting activities An organisation’s policy for the organisation’s contracting activities must—

(a) require the organisation’s major costs incurred through contracting activities to be reviewed annually; and

(b) state the circumstances in which a contract for the supply of goods or services is considered by the organisation to be a significant contract; and

(c) require the organisation to regularly invite tenders for its significant contracts for the supply of goods or services; and

(d) require the organisation’s contracting activities with an entity (a supplier) to impose an obligation on the supplier to disclose to the organisation any conflict of interest arising—

(i) during a tender process or negotiations for a contract; or

(ii) when a contract is entered into; or

(iii) while a contract is in force; and

(e) require the organisation to—

(i) keep a register of conflicts of interest disclosed by suppliers under an obligation mentioned in paragraph (d); and

(ii) ensure the register is reviewed at each meeting of the management committee of the organisation.

4 Policy about entertainment and hospitality An organisation’s policy for spending on, and receipt of, entertainment and hospitality must—

(a) state the circumstances in which an officer or employee of the organisation—

(i) may accept entertainment or hospitality from an entity other than the organisation; and

(ii) must refuse entertainment or hospitality from an entity other than the organisation; and

(b) include procedures about reporting and documenting the receipt of entertainment and hospitality.

5 Policy for gifts An organisation’s policy for gifts must—

(a) state the circumstances in which an officer or employee of the organisation—

(i) may accept a gift from an entity other than the organisation; and

(ii) must refuse a gift from an entity other than the organisation; and

(b) include procedures about reporting and documenting the receipt of gifts.

sch 2B ins 2013 SL No. 133 s11 Schedule 2C RULES FOR CONDUCT OF EXPENDITURE BALLOT Part 1 GENERAL pt hdg ins 2013 SL No. 133 s 11 om 2014 Act No. 36 s 55Z 1 Definitions for sch 2C s 1 def approved entity ins 2013 SL No. 169 s 5(1) om 2014 Act No. 36 s 55Z 2 References to organisation in sch 2C s 2 ins 2013 SL No. 133 s 11 sub 2013 SL No. 169 s 5(2) om 2014 Act No. 36 s 55Z 3 Particular entities must conduct ballots s 3 ins 2013 SL No. 133 s 11 sub 2013 SL No. 169 s 5(2) om 2014 Act No. 36 s 55Z 4 Ballot may be used for spending for 2 or more political purposes s 4 ins 2013 SL No. 133 s 11 om 2014 Act No. 36 s 55Z 5 Compiling roll of voters s 5 ins 2013 SL No. 133 s 11 amd 2013 SL No. 169 s 5(3) om 2014 Act No. 36 s 55Z 6 Conducting entity to decide way of voting s 6 ins 2013 SL No. 133 s 11 om 2014 Act No. 36 s 55Z Part 2 VOTING MATERIAL pt 2 (ss 7–9) ins 2013 SL No. 133 s 11 7 pt 2 (ss 7–9) ins 2013 SL No. 133 s 11 om 2014 Act No. 36 s 55Z 8 pt 2 (ss 7–9) ins 2013 SL No. 133 s 11 9 pt 2 (ss 7–9) ins 2013 SL No. 133 s 11 Part 3 VOTING AND COUNTING OF VOTES pt hdg ins 2013 SL No. 133 s 11 om 2014 Act No. 36 s 55Z 10 How long ballot is open s 10 ins 2013 SL No. 133 s 11 om 2014 Act No. 36 s 55Z 11 Who may vote in ballot s 11 ins 2013 SL No. 133 s 11 om 2014 Act No. 36 s 55Z 12 How to vote s 12 ins 2013 SL No. 133 s 11 om 2014 Act No. 36 s 55Z 13 Counting votes s 13 ins 2013 SL No. 133 s 11 om 2014 Act No. 36 s 55Z 14 Declaration of ballot result s 14 ins 2013 SL No. 133 s 11 amd 2013 SL No. 169 s 5(4) om 2014 Act No. 36 s 55Z sch 2C ins 2013 SL No. 133 s 11 om 2014 Act No. 36 s 55Z Schedule 3 Prescribed accounts section 42 Part 1 Income and expenditure Division 1 Income and expenditure account 1 Income and expenditure account An income and expenditure account consisting of—

(a) a statement of all the organisation’s income and expenditure for the year; and

(b) the particulars stated in—

(i) for income—sections 2 to 13; or

(ii) for expenditure—sections 14 to 32.

Division 2 Particulars of income 2 Entrance fees or membership contributions The amount paid to the organisation as entrance fees or contributions for membership of the organisation. 3 Payments from a branch to an organisation The amount received, or receivable, by the organisation from a branch of the organisation that keeps accounting records and accounts separate from the organisation’s accounts and accounting records. 4 Payments from an organisation to a branch The amount received, or receivable, by a branch that keeps accounting records and accounts separate from its organisation’s accounts and accounting records from the organisation. 5 Compulsory levies or voluntary contributions If members of the organisation paid, or were liable to pay, a compulsory levy that the organisation raised, or made a voluntary contribution to the organisation for a particular purpose—

(a) the purpose of the levy or contribution; and

(b) the total paid by the organisation’s members for the levy or contribution.

6 Donations or grants The amount donated or granted to the organisation, other than voluntary contributions under section 5. 7 Interest The amount paid to the organisation as interest. 8 Dividends The amount paid to the organisation in dividends. 9 Rent The amount—

(a) paid to the organisation as rent; and

(b) payable to the organisation as rent that the organisation considers is likely to be recovered.

10 Other investment income The amount paid, or payable, to the organisation as income from investing or using its assets, other than interest, dividends or rent. 11 Surplus If the organisation’s income was more than its expenditure, by how much. 12 Profit on sale or revaluation If an asset of the organisation was sold or revalued and the outcome of the sale or revaluation was a profit to the organisation of more than $1000, the amount of the profit. 13 Sundry income An amount paid to the organisation as income that is not mentioned elsewhere in this division. Division 3 Particulars of expenditure 14 Affiliation fees The amount the organisation incurred for fees and periodic contributions for its affiliation to—

(a) a political party; or

(b) a federation, congress, council or group of organisations; or

(c) an international body having an interest in industrial matters.

15 Payments by organisation to branch for services The amount paid, or payable, by the organisation to a branch of the organisation that keeps accounts and accounting records separate from the organisation’s accounts and accounting records in return for a service rendered, or to be rendered, by the branch. 16 Payments by branch to organisation for services The amount paid, or payable, by a branch that keeps accounts and accounting records separate from its organisation’s accounts and accounting records to the organisation in return for a service rendered, or to be rendered, by the organisation. 17 Compulsory levies The amount the organisation incurred for compulsory levies imposed on it. 18 Donations or grants The amount the organisation donated or granted. 19 Officers’ and employees’ remuneration The total amount the organisation incurred for its officers’ and employees’ remuneration. 20 Representatives’ fees or allowances The amount the organisation incurred for fees or allowances for its representatives to attend conferences or other meetings, other than fees or allowances included in the representatives’ remuneration. 21 Professional services (1) The amount the organisation incurred for professional services. (2) In this section— professional service includes an audit and a legal service. 22 Administrative costs Administrative costs the organisation incurred, other than administrative costs mentioned elsewhere in this division. 23 Interest on loans and asset management costs The interest incurred on loans to the organisation and other costs incurred in controlling or managing its assets. 24 Rent Rent paid or payable by the organisation. 25 Provision for depreciation The amount the organisation set aside to provide for depreciation or amortisation on investments and fixed assets. 26 Penalties The penalties imposed on the organisation under the Act. 27 Loss on sale or revaluation If an asset of the organisation was sold or revalued and the outcome of the sale or revaluation was a loss to the organisation of more than $1000, the amount of the loss. 28 Deficit If the organisation’s expenditure was more than its income, by how much. 29 Payments by organisation to branch other than for services The amount paid or payable by the organisation to a branch of the organisation that keeps accounts and accounting records separate from the organisation’s accounts and accounting records, if the amount paid or payable is not in return for a service rendered or to be rendered by the branch. 30 Payments by branch to organisation other than for services The amount paid or payable by a branch that keeps accounts and accounting records separate from its organisation’s accounts and accounting records to the organisation, if the amount paid or payable is not in return for a service rendered or to be rendered by the organisation. 31 Bad debts The organisation’s—

(a) bad debts that were written off; and

(b) provision for doubtful debts.

32 Sundry expenditure An amount paid by the organisation that is not mentioned elsewhere in this division. Part 2 Assets and liabilities Division 1 Balance sheet 33 Balance sheet A balance sheet consisting of—

(a) a statement of the organisation’s assets and liabilities at the end of the year; and

(b) the particulars stated in—

(i) for the organisation’s assets at the end of the year—sections 35 to 45; or

(ii) for the organisation’s liabilities at the end of the year—sections 46 to 52; and

(c) if section 34 applies—the information or explanation under section 34 (3).

34 Value of non-current assets must not be misleading (1) This section applies if—

(a) in working out the value of an organisation’s non-current assets, the value of a non-current asset was calculated at more than its market value; and

(b) the organisation’s assets and liabilities account does not adequately provide for writing down the asset’s value.

(2) An asset is calculated at more than market value if, having regard to the asset’s value to the organisation as a going concern, the calculation is more than the amount that it would have been reasonable for the organisation to spend to acquire the asset as at the end of the year. (3) The account must include information, or an explanation, that prevents the account from being misleading because of the calculation at more than market value. Division 2 Particulars of assets 35 Value of current assets (1) The value of the organisation’s current assets. (2) For current assets, any difference between the assets’ current book value and the amount that is expected to be realised on current realisation of the assets. 36 Cash in hand The amount of the organisation’s cash in hand. 37 Cash at financial institutions The amount of the organisation’s cash at financial institutions. 38 Prepayments The amount of the organisation’s prepayments. 39 Accounts and loans receivable The organisation’s accounts, and loans, receivable. 40 Public investments The book value of the organisation’s public investments. 41 Non-public investments The book value of the organisation’s investments, other than public investments. 42 Non-current assets The book value of each of the organisation’s—

(a) non-current assets, other than land; and

(b) land.

Note— Under the Acts Interpretation Act 1954 , schedule 1, definition land, land includes any interest in land. 43 Investments from special accounts If the organisation invested the whole or part of a special account in assets, the total book value of the assets. 44 Other account balances The total of the balances of the organisation’s accounts required to be operated under its rules, other than the general account or a special account. 45 General account balance The balance of the general account. Division 3 Particulars of liabilities 46 Current and non-current liabilities The organisation’s current and non-current liabilities. 47 Rent payable Rent payable by the organisation but not yet paid. 48 Accounts payable other than for rent The organisation’s accounts payable other than for rent. 49 Loans payable The loans payable by the organisation. 50 Provision for long service leave entitlements The amount the organisation has provided for its employees’ and officers’ long service leave entitlements. 51 Provision for annual leave entitlements The amount the organisation has provided for its employees’ and officers’ annual leave entitlements. 52 Provision for superannuation or retirement benefits The amount the organisation held to provide for its employees’ and officers’ superannuation or retirement benefits. Part 3 Notes to accounts 53 Notes (1) An organisation must include with accounts prepared under parts 1 and 2 notes to the accounts that explain the methods by which the accounts have been prepared. (2) The notes must include—

(a) significant policies adopted in the preparation of the accounts; and

(b) the method by which the book value of an asset or liability was determined.

54 Amounts to be included with notes An organisation must include with the notes—

(a) the amount of any difference between the book value of the organisation’s non-current assets and the amount that is expected to be realised on current realisation of the asset; and

(b) the total amount of the organisation’s contingent liabilities that are able to be reliably estimated, other than a liability mentioned in part 2, division 3; and

(c) the amount of the contingent liabilities that were—

(i) secured by the organisation’s assets; and

(ii) unsecured.

Schedule 4 Matters for account certificates section 43 Part 1 Accounting officer’s certificates 1 Number of members (1) How many members the organisation had at the end of the year. (2) How many of the members were—

(a) financial; and

(b) not financial.

(3) In subsection (2)— financial means the member who has paid all subscriptions, dues, or other money for membership or membership renewal of the organisation. 2 Financial affairs Whether the officer considers the accounts show a true and fair view of the organisation’s financial affairs at the end of the year. 3 Members’ payments Whether the officer considers—

(a) a record was kept of all amounts paid by, or collected from, the organisation’s members; and

(b) all amounts so paid or collected have been credited to a financial institution account to which the amounts must be credited under the organisation’s rules.

4 Approval for expenditures Whether the officer considers each expenditure by the organisation was approved under the organisation’s rules before it was incurred. 5 Payments from special accounts If the organisation kept a special account, whether the officer considers—

(a) any payment was made from the account other than for the purpose for which the account was operated; and

(b) if a payment was so made, it was approved under the organisation’s rules.

6 Loans and financial benefits Whether the officer considers all loans or other financial benefits the organisation gave to its employees or officers were given under the organisation’s rules. 7 Members register Whether the officer considers the organisation’s members register was kept under the Act. Part 2 Management committee certificates 8 Financial affairs Whether the management committee considers the accounts show a true and fair view of the organisation’s financial affairs at the end of the year. 9 Organisation’s solvency (1) Whether the committee considers the organisation was solvent during—

(a) the whole of the year; or

(b) only part of the year.

(2) If the organisation was solvent for only part of the year, what part of the year. (3) In this section— solvent means the organisation is able to pay its debts as and when they become due and payable. 10 Management committee meetings Whether the committee considers the management committee’s meetings were held under the organisation’s rules. 11 Whether records have not been given under Act or rules (1) Whether a committee member knows if any of the organisation’s records or rules, or copies of them, have not been given to the organisation’s members as required by the Act, this regulation or the organisation’s rules. (2) In this section— record does not include a document containing information given to a member of the organisation under section 556 of the Act. 12 Audit report and accounts for the last financial year Whether the audit report and relevant accounts for the organisation’s financial year immediately before the year the accounts are about have been—

(a) presented to a presentation meeting of the organisation under section 565 of the Act; and

(b) given to its members under section 566 of the Act.

Schedule 5 Prescribed information for previous financial year—Act, section 556 section 45 1 Donations or grants to organisation If a donation or grant of more than $1000 was given to the organisation—

(a) the amount of the donation or grant; and

(b) if it was made for a stated purpose—the purpose.

2 Donations or grants by organisation If a donation or grant totalling more than $1000 was made by the organisation—

(a) the amount of the donation or grant; and

(b) its purpose; and

(c) if it was not a donation or grant given under the organisation’s rules made under section 431 of the Act—the name and address of the entity the donation or grant was made to.

3 Officer’s remuneration The remuneration paid to an officer of the organisation. 4 Profit or loss on sale or revalue If an asset of the organisation was sold or revalued and the outcome of the sale or revaluation was a profit or loss to the organisation of more than $1000—

(a) a description of the asset; and

(b) if the asset was revalued—the reason for the revaluation; and

(c) the amount of the profit or loss.

5 Loans by organisation If the organisation made a loan of more than $1000—

(a) the amount of the loan; and

(b) the purpose of the loan; and

(c) the security given for the loan; and

(d) if the loan was not a loan given under the organisation’s rules made under section 431 of the Act—

(i) the borrower’s name and address; and

(ii) the repayment arrangements for the loan.

6 Loans to organisation If the organisation received a loan of more than $10,000—

(a) the amount of the loan; and

(b) the purpose of the loan; and

(c) the security given for the loan; and

(d) the lender’s name and address; and

(e) the repayment arrangements for the loan.

7 Non-public investments (1) The amount the organisation invested during the year, other than in public investments. (2) If the organisation held an investment, other than a public investment, at the end of the year whose book value was then more than the prescribed amount—

(a) a description of the investment; and

(b) the book value of the investment at the end of the year; and

(c) if the organisation stated a market value for the investment at the end of the year in its accounts or accounting records for the year—the stated value.

(3) In this section— prescribed amount means the larger of—

(a) $1000; or

(b) 20% of the total book value of the organisation’s investments other than public investments.

8 Contingent liabilities If the organisation had a contingent liability at the end of the year that had then been calculated by the end of the year and was more than 5% of the net value of the organisation’s assets—

(a) the amount of the liability; and

(b) a description of the liability.

Schedule 5A Hospital and Health Services declared not to be national system employers section 145A

1 Cairns and Hinterland

2 Cape York

3 Central Queensland

4 Central West

5 Children’s Health Queensland

6 Darling Downs

7 Gold Coast

8 Mackay

9 Metro North

10 Metro South

11 North West

12 South West

13 Sunshine Coast

14 Torres Strait-Northern Peninsula

15 Townsville

16 West Moreton

17 Wide Bay

sch 5A ins 2012 SL No. 90 s 32 Schedule 5B Local governments declared not to be national system employers section 145C

1 Aurukun Shire Council

2 Balonne Shire Council

3 Banana Shire Council

4 Barcaldine Regional Council

5 Barcoo Shire Council

6 Blackall-Tambo Regional Council

7 Boulia Shire Council

8 Bulloo Shire Council

9 Bundaberg Regional Council

10 Burdekin Shire Council

11 Burke Shire Council

12 Cairns Regional Council

13 Carpentaria Shire Council

14 Cassowary Coast Regional Council

15 Central Highlands Regional Council

16 Charters Towers Regional Council

17 Cherbourg Aboriginal Shire Council

18 Cloncurry Shire Council

19 Cook Shire Council

20 Croydon Shire Council

21 Diamantina Shire Council

22 Doomadgee Aboriginal Shire Council

23 Douglas Shire Council

24 Etheridge Shire Council

25 Flinders Shire Council

26 Fraser Coast Regional Council

27 Gladstone Regional Council

28 Gold Coast City Council

29 Goondiwindi Regional Council

30 Gympie Regional Council

31 Hinchinbrook Shire Council

32 Hope Vale Aboriginal Shire Council

33 Ipswich City Council

34 Isaac Regional Council

35 Kowanyama Aboriginal Shire Council

36 Livingstone Shire Council

37 Lockhart River Aboriginal Shire Council

38 Lockyer Valley Regional Council

39 Logan City Council

40 Longreach Regional Council

41 Mackay Regional Council

42 Mapoon Aboriginal Shire Council

43 Maranoa Regional Council

44 Mareeba Shire Council

45 McKinlay Shire Council

46 Moreton Bay Regional Council

47 Mornington Shire Council

48 Mount Isa City Council

49 Murweh Shire Council

50 Napranum Aboriginal Shire Council

51 Noosa Shire Council

52 North Burnett Regional Council

53 Northern Peninsula Area Regional Council

54 Palm Island Aboriginal Shire Council

55 Paroo Shire Council

56 Pormpuraaw Aboriginal Shire Council

57 Quilpie Shire Council

58 Redland City Council

59 Richmond Shire Council

60 Rockhampton Regional Council

61 Scenic Rim Regional Council

62 Somerset Regional Council

63 South Burnett Regional Council

64 Southern Downs Regional Council

65 Sunshine Coast Regional Council

66 Tablelands Regional Council

67 Toowoomba Regional Council

68 Torres Shire Council

69 Torres Strait Island Regional Council

70 Townsville City Council

71 Western Downs Regional Council

72 Whitsunday Regional Council

73 Winton Shire Council

74 Woorabinda Aboriginal Shire Council

75 Wujal Wujal Aboriginal Shire Council

76 Yarrabah Aboriginal Shire Council

sch 5B ins 2012 SL No. 223 s 5 amd 2013 SL No. 268 s 4 Schedule 5C Wage increases—Act, s 830 section 146B Column 1 Continuing agreement Column 2 Increase Column 3 Day increase took effect Department of Education and Training (Education) Cleaners’ Certified Agreement 2011 2.5% 1 April 2015 Department of Education, Training and Employment State School Teachers’ Certified Agreement 2012 2.08% 1 September 2015 Department of Education and Training Teacher Aides’ Certified Agreement 2011 2.2% 1 September 2014 Health Practitioners’ (Queensland Health) Certified Agreement (No. 2) 2011 (HPEB2) 2.2% 17 October 2013 Nurses and Midwives (Queensland Health) Certified Agreement (EB8) 2012 2.2% 0.3% 1 April 2015 1 April 2015 QBuild Field Staff Certified Agreement 8 (2011) 2.2% 2.5% 1 September 2014 1 September 2015 QBuild Field Staff Certified Agreement 8 (2011) as it applies to employees of City Parklands Transition Services Pty Ltd 0.75% 1 September 2014 QBuild Office Staff Certified Agreement 8 (2009) as it applies to employees of City Parklands Transition Services Pty Ltd 1.5% 1 May 2014 Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 5) 2011 2.2% 2.5% 1 September 2014 1 September 2015 Queensland Public Health Sector Certified Agreement (No. 8) 2011 (EB8) 2.2% 2.5% 1 September 2014 1 September 2015 Queensland Urban Utilities (QUU) –Certified Agreement 2011 2.2% 17 October 2013 South Bank Employing Office Employees’ Certified Agreement 2011 as it applies to employees of City Parklands Transition Services Pty Ltd 1.8% 1 March 2014 South Bank Employing Office Employees’ Certified Agreement 2011 as it applies to employees of the South Bank Employing Office 2.2% 1 March 2014 TMR Enterprise Determination 2011 2.2% 2.5% 1 July 2014 1 July 2015 Transport and Main Roads Operational Employees’ Certified Agreement 2011 2.2% 2.5% 1 July 2014 1 July 2015 sch 5C ins 2013 SL No. 260 s 18 amd 2014 SL No. 20 s 4; 2014 SL No. 143 s 8; 2014 SL No. 190 s 6; 2014 SL No. 212 s 5 sub 2015 SL No. 91 s 5 amd 2015 SL No. 149 s 3 Schedule 6 Text of part 14 and schedule 7A of the repealed Industrial Relations Regulation 2000 section 149 Part 14 Declarations for Commonwealth Act, section 14 (2) 148 Declarations (1) This section applies for the purpose of the Commonwealth Act, section 14 (2). (2) Each of the employers mentioned in schedule 7A are declared not to be a national system employer for the purposes of the Commonwealth Act, section 14 (2). Note— The local government listed in schedule 7A, part 2, opposite each declared employer is the body to which the Commonwealth Act, section 14 (2) (a) (ii) applies of which the declared employer is a wholly owned subsidiary (within the meaning of the Corporations Act) or by which the declared employer is wholly controlled. (3) In the schedule, parts 1 and 2, a reference to an Act under which an employer was established includes, if the Act continued the employer in existence, a reference to any law by or under which the employer was originally established. sch 6 amd 2014 SL No. 143 s 9 Schedule 7A Employers declared not to be national system employers section 148 Part 1 Employers mentioned in the Commonwealth Act, section 14 (2) (a) (i)

1 Australian Agricultural College Corporation established under the Agricultural College Act 2005

2 Library Board of Queensland established under the Libraries Act 1988

3 Queensland Art Gallery Board of Trustees established under the Queensland Art Gallery Act 1987

4 Queensland Building Services Authority established under the Queensland Building Services Authority Act 1991

5 Queensland Museum Board of Trustees established under the Queensland Museum Act 1970

6 Residential Tenancies Authority established under the Residential Tenancies and Rooming Accommodation Act 2008

7 Skills Queensland established under the Vocational Education, Training and Employment Act 2000 Editor’s note—

1 Skills Queensland was dissolved on 22 November 2013 and the chief executive (training) became its successor in law: see the repealed Vocational Education, Training and Employment Act 2000 , sections 412 and 413.

2 This note is provided for information purposes only and was not part of schedule 7A of the repealed Industrial Relations Regulation 2000 .

8 South Bank Corporation established under the South Bank Corporation Act 1989

9 Stadiums Queensland established under the Major Sports Facilities Act 2001

10 Tourism Queensland established under the Tourism Queensland Act 1979

11 WorkCover Queensland established under the Workers’ Compensation and Rehabilitation Act 2003

Part 2 Employers mentioned in the Commonwealth Act, section 14 (2) (a) (ii)

1 Brisbane City Council Superannuation Plan (City Super) ABN 32 864 248 795 established under the City of Brisbane Act 1924 for a local government purpose Editor’s note— City of Brisbane Act 1924 —see the City of Brisbane Act 2010 , section 262.

2 Local Government Superannuation Scheme ABN 23 053 121 564 established under the Local Government Act 1993 for a local government purpose Editor’s note— Local Government Act 1993 —see the Local Government Act 2009 , section 282.

3 Wide Bay Water Corporation ABN 98 380 729 010 established under the Local Government Act 1993 for a local government purpose Editor’s note— Local Government Act 1993 —see the Local Government Act 2009 , section 282.

Part 3 Employers mentioned in the Commonwealth Act, section 14 (2) (a) (iii) Entity Relevant local government The trustee for Boonah and District Art Gallery and Library Trust Gift Fund (trading as Boonah and District Art Gallery and Library Trust Gift Fund) ABN 92 719 264 297 Scenic Rim Regional Council The trustee for the Boonah District Performing Arts Centre (trading as Boonah and District Performing Arts Centre Trust) ABN 35 930 584 358 Scenic Rim Regional Council Brisbane Arts Trust (trading as Brisbane Arts Trust) ABN 30 749 675 075 Brisbane City Council Brisbane Marketing Pty Ltd ACN 094 633 262 and ABN 86 094 633 262 Brisbane City Council Brisbane Powerhouse Pty Ltd (trading as Brisbane Powerhouse) ACN 091 551 290 and ABN 18 091 551 290 Brisbane City Council Burdekin Cultural Complex Board Inc. (trading as Burdekin Cultural Complex Board Inc.) ABN 38 161 809 872 Burdekin Shire Council Cairns Regional Gallery Limited ACN 062 537 259 and ABN 45 062 537 259 Cairns Regional Council The trustee for the Cairns Regional Gallery Arts Trust (trading as Cairns Regional Gallery Foundation Ltd) ABN 42 114 461 772 Cairns Regional Council Caloundra City Enterprises Pty Ltd ACN 127 655 136 and ABN 39 127 655 136 Sunshine Coast Regional Council Central Queensland Local Government Association Inc. ABN 34 593 816 745 Banana Shire Council, Central Highlands Regional Council, Gladstone Regional Council, Isaac Regional Council and Rockhampton Regional Council Central Western Queensland Remote Area Planning and Development Board (trading as Central Western Queensland Remote Area Planning and Development Board) ACN 057 968 653 and ABN 76 057 968 653 Barcaldine Regional Council, Barcoo Shire Council, Blackall-Tambo Regional Council, Boulia Shire Council, Diamantina Shire Council, Longreach Regional Council and Winton Shire Council CITIPAC International Pty Ltd ACN 011 028 649 Gold Coast City Council City of Brisbane Arts and Environment Ltd (trading as City of Brisbane Arts and Environment Limited) ACN 084 763 253 and ABN 47 084 763 253 Brisbane City Council City of Brisbane Investment Corporation Pty Ltd ACN 066 022 455 and ABN 95 066 022 455 Brisbane City Council Council of Mayors (SEQ) (trading as Council of Mayors (SEQ), and other names) ABN 64 998 531 528 Brisbane City, Gold Coast City, Logan City, Lockyer Valley Regional, Redland City, Scenic Rim Regional, Somerset Regional, Sunshine Coast Regional and Toowoomba Regional Councils Edward River Crocodile Farm Pty Limited (trading as Edward River Crocodile Farm) ACN 008 502 270 and ABN 90 008 502 270 Pormpuraaw Aboriginal Council The trustee for Empire Theatres Foundation (trading as Empire Theatres Foundation) ABN 69 130 487 365 Toowoomba Regional Council Empire Theatres Pty Ltd ACN 086 482 288 and ABN 83 086 482 288 Toowoomba Regional Council Far North Queensland Regional Organisation of Councils (trading as Far North Queensland Regional Organisation of Councils) ABN 52 034 736 962 Cairns Regional Council, Cassowary Coast Regional Council, Cooktown Shire Council, Hinchinbrook Shire Council, Tablelands Regional Council, Yarrabah Shire Council, Wujal Wujal Aboriginal Shire Council Gold Coast Arts Centre Pty Ltd (trading as Gold Coast Arts Centre Pty Ltd) ACN 060 787 466 and ABN 85 060 787 466 Gold Coast City Council Gulf Savannah Development Inc. (trading as Gulf Savannah Development, and as Gulf Savannah Tourism) ABN 69 956 728 660 Burke, Carpentaria, Croydon and Etheridge Shire Councils Hervey Bay (Community Fund) Limited ACN 120 350 469 Fraser Coast Regional Council Hervey Bay (Cultural Fund) Limited ACN 120 350 405 Fraser Coast Regional Council The trustee for Ipswich Arts Foundation Trust ABN 75 833 582 216 Ipswich City Council Ipswich City Council (trading as Ipswich Arts Foundation) ABN 61 461 981 077 Ipswich City Council Ipswich City Enterprises Investments Pty Ltd (trading as Ipswich City Enterprises Investments Pty Ltd) ACN 127 862 515 and ABN 42 127 862 515 Ipswich City Council Ipswich City Enterprises Pty Ltd (trading as Ipswich City Enterprises Pty Ltd) ACN 095 487 086 and ABN 88 095 487 086 Ipswich City Council Kronosaurus Korner Board Inc. (trading as Kronosaurus Korner) ABN 29 088 101 544 Richmond City Council Lockhart River Aerodrome Company Pty Ltd (Lockhart River Aerodrome Company Pty Ltd) ACN 061 972 978 and ABN 95 061 972 978 Lockhart River Aboriginal Shire Council Nuffield Pty Ltd ACN 068 043 318 and ABN 72 068 043 318 Brisbane City Council Outback @ Isa Pty Ltd (trading as Outback@Isa) ACN 31 104 362 718 and ABN 104 362 718 Mount Isa City Council Palm Island Community Company Ltd ACN 126 800 682 and ABN 64 126 800 682 Palm Island Aboriginal Shire Council Poruma Island Pty Ltd ACN 098 641 162 and ABN 88 098 641 162 Poruma Island Community Council Quad Park Corporation Pty Ltd ACN 127 704 947 and ABN 31 127 704 947 Caloundra City Council Rodeo Capital Pty Ltd (trading as Buchanan Park Facilities Management) ACN 125 659 510 and ABN 89 125 659 510 Mount Isa City Council Sunshine Coast Events Centre Pty Ltd (trading as Caloundra Civic Cultural Centre) ACN 127 655 510 and ABN 38 127 655 510 Sunshine Coast Regional Council Surfers Paradise Alliance Ltd ACN 097 068 285 and ABN 19 097 068 285 Gold Coast City Council The Brolga Theatre Board Inc. (trading as The Brolga Theatre and Convention Centre) ABN 75 529 942 824 Fraser Coast Regional Council The trustee for Townsville Cemetery Trust (trading as Townsville & Thuringowa Cemetery Trust) ABN 72 096 373 559 Townsville City Council TradeCoast Land Pty Ltd ACN 111 428 212 and ABN 15 111 428 212 Brisbane City Council Waltzing Matilda Centre Ltd (trading as Waltzing Matilda Centre) ACN 34 086 051 078 and ABN 34 086 051 078 Winton Shire Council Warwick Tourism and Events Pty Ltd ACN 105 787 246 and ABN 52 105 787 246 Southern Downs Regional Council Widelinx Pty Ltd ACN 113 136 824 and ABN 76 113 136 824 Fraser Coast Regional Council Woorabinda Pastoral Company Pty Limited ACN 011 072 450 and ABN 17 011 072 450 Woorabinda Aboriginal Shire Council Schedule 7 Dictionary section 3 alternative ballot see section 67. amalgamation day see section 136 (1). Australian Accounting Standards means the Australian Accounting Standards published by the Australian Accounting Standards Board. Editor’s note— The Australian Accounting Standards are available on the Australian Accounting Standards Board’s website. ballot exemption see section 64 (1). ballot inquiry see section 121. constituent member means a member of an amalgamated organisation who is part of the constituent part seeking to withdraw from the organisation. formal, for a ballot, means valid. industrial tribunal, for part 8, see section 16. informal, for a ballot, means invalid. management committee of a constituent part means a management committee elected entirely or substantially by the constituent members. manager of an election or ballot means—

(a) the electoral officer conducting the election or ballot; or

(b) if an exemption has been given under section 597 of the Act—the returning officer appointed under section 599 of the Act to conduct the election.

‘no’ case see section 70. president of an organisation means—

(a) its president; or

(b) its chief executive; or

(c) another officer, however called, who has the functions of its president or chief executive.

proposed newly registered organisation means the organisation a constituent part will become if a withdrawal takes effect. public investment means an investment in government or other public debentures, stock or bonds. representative constituent member see section 63 (6). return envelope see section 99 (1) (e). secretary of an organisation means—

(a) the person who holds the office of secretary in the organisation; or

(b) if no-one holds the office of secretary of the organisation—the person authorised by the organisation under its rules to sign documents for the organisation.

special account of an organisation means an account the organisation operated for—

(a) a compulsory levy raised by the organisation; or

(b) voluntary contributions collected from its members.

voter, for part 13, means a person whose name is on the roll under section 108. voting material see section 99 (1). withdrawal day see section 136 (2). ‘yes’ case see section 69.