Document ID: chunk:federal_register_of_legislation:C2005C00239:clause:1_73bej
Version: federal_register_of_legislation:C2005C00239
Segment Type: clause
Provision Reference: sch 1 cl 73BEJ
Character Range: 31097–33487

73BEJ  Directions given by Minister to registered organizations

 (1) If, having regard to:
 (a) the failure of a registered organization to provide an explanation of its operations sought by the Minister under Subdivision A; or
 (b) the nature of an explanation so sought that is provided to the Minister;
the Minister considers that it will assist in the prevention of improper discrimination to do so, the Minister may give a direction to the organization:
 (c) requiring it to modify its constitution or its rules in a particular respect; or
 (d) requiring it to modify its day‑to‑day operations in a particular respect.

 (2) If, having regard to the outcome of an investigation conducted under Subdivision B, the Minister concludes that there appears to be a breach of the Act involving improper discrimination by the organization, the Minister may give a direction to the organization:
 (a) requiring it to modify its constitution or rules; or
 (b) requiring it to modify its day‑to‑day operations;
so as to address that breach.

 (3) If, having regard to the outcome of an investigation under Subdivision B, the Minister concludes that, while there does not appear to be a breach of the Act, it will assist in the prevention of improper discrimination to do so, the Minister may give a direction to the organization requiring it:
 (a) to modify its constitution or its rules in a particular respect; or
 (b) to modify its day‑to‑day operations in a particular respect.

 (4) A direction referred to in subsection (1), (2) or (3) may, if the Minister considers it proper to do so, include, as a part of the direction, requirements with respect to the reconsideration by the organization to which the direction relates, of an application or claim made to the organization and dealt with by it before the direction takes effect.

 (5) An organization must, in reconsidering an application or claim in accordance with a direction of the kind referred to in subsection (4), deal with the application or claim as if the direction had been in force at the time when the application or claim was first considered.

Note: Improper discrimination is defined in subsection 66(1).

 (6) A direction given by the Minister in accordance with this section must be published free of charge by the Secretary on the Department's website not later than 5 working days after the direction is given.