Document ID: chunk:federal_register_of_legislation:C2016A00079:clause:2_293h:p1
Version: federal_register_of_legislation:C2016A00079
Segment Type: clause
Provision Reference: sch 2 cl 293H (pt 1/2)
Character Range: 83526–86503

293H  Section 293G—order for alternative disclosure arrangement
 (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the Commissioner an application for an order under this section.
 (2) The application must be accompanied by:
 (a) a statement of the special circumstances that exist in relation to the organisation; and
 (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation's special circumstances and provide appropriate transparency; and
 (c) evidence of the organisation's past and current high standards of financial accountability and control that are appropriate for the organisation's special circumstances and provide appropriate transparency.
 (3) If the Commissioner is satisfied, on application by an organisation under subsection (1):
 (a) that special circumstances exist in relation to the organisation; and
 (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation's special circumstances and provide appropriate transparency; and
 (c) that the proposed alternative disclosure arrangement:
 (i) complies with and is not contrary to this Act (other than section 293G); and
 (ii) is not otherwise contrary to law;
the Commissioner may, in writing, make an order under this subsection.
 (4) If the Commissioner makes the order under subsection (3):
 (a) the order must set out the alternative disclosure arrangement; and
 (b) the alternative disclosure arrangement takes effect when the Commissioner makes the order; and
 (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.
 (5) The order remains in force until the earlier of:
 (a) the day the order is revoked under subsection (6); and
 (b) the day 5 years after the day the order was made.
 (6) The Commissioner may revoke the order if the Commissioner:
 (a) either:
 (i) is no longer satisfied of a matter referred to in paragraph (3)(a), (b) or (c); or
 (ii) is satisfied that the organisation has contravened the alternative disclosure arrangement set out in the order; and
 (b) has given the organisation an opportunity, as prescribed, to show cause why the order should not be revoked.
 (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the Commissioner under subsection (3).

            Note: Subsection 604(1) of the Fair Work Act provides for appeals from certain decisions of the Commissioner.
 (8) This section applies in relation to a branch of