Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_39b:p1
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 39B (pt 1/2)
Character Range: 289027–291900

39B  Public schemes—membership

Becoming a member of a public scheme
 (1) An employer may apply to the Employment Liaison Officer, in writing, to become a member of a public scheme.
 (2) An application under subsection (1) must:
 (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and
 (b) if there is an approved form for making an application—be made in the approved form.
 (3) On receiving an application under subsection (1), the Employment Liaison officer must decide:
 (a) to grant the application; or
 (b) to refuse to grant the application.
 (4) In deciding whether to grant an application, the Employment Liaison Officer:
 (a) must have regard to any considerations prescribed by the rules for the purposes of this paragraph; and
 (b) may have regard to any other matters that the Employment Liaison Officer considers relevant.

Membership fees
 (5) The rules may prescribe membership fees for a public scheme.
 (6) Without limiting subsection (5), rules made for the purposes of that subsection may do any of the following:
 (a) prescribe different membership fees for different employers or classes of employer;
 (b) prescribe different membership fees for different periods;
 (c) prescribe a membership fee by:
 (i) specifying an amount as the fee; or
 (ii) specifying a method for working out the fee.
 (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:
 (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and
 (b) any other information available to the Employment Liaison Officer.
 (8) The membership fees for a public scheme are payable on the days determined under subsection (9).
 (9) The Employment Liaison Officer may, by notifiable instrument, determine days for the purposes of subsection (8).

Employment Liaison Officer may require information
 (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:
 (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;
 (b) provide that specified information:
 (i) in an approved form; and
 (ii) by a specified time.

Revocation of membership
 (11) The Employment Liaison Officer may revoke an employer's membership of a public scheme if:
 (a) the employer does not pay the employer's membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or
 (b) the employer fails to comply with a requirement under subsection (10) to provide specified information