Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_249
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 249
Character Range: 322638–324805

249  Determination of reporting units—revocation of certificates

 (1) The Industrial Registrar may at any time, by written notice, revoke a certificate issued to an organisation under section 245.

 (2) If a certificate is revoked, each branch will be a reporting unit.

 (3) A certificate may be revoked on application by an organisation or at the initiative of the Registrar.

 (4) An application by an organisation for the revocation of a certificate must:
 (a) be in accordance with the regulations; and
 (b) include an application for the Industrial Registrar to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.

 (5) Where an organisation applies for a revocation, the Industrial Registrar must revoke the certificate and certify the rule alterations if the Registrar is satisfied that:
 (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and
 (b) the alterations to the rules:
 (i) comply with, and are not contrary to, this Schedule, the Workplace Relations Act, awards, certified agreements or old IR agreements; and
 (ii) are not otherwise contrary to law; and
 (iii) have been made under the rules of the organisation.

 (6) The Industrial Registrar may only revoke a certificate on his or her initiative if the Registrar:
 (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and
 (b) has complied with the prescribed procedure.

 (7) Where:
 (a) the Industrial Registrar intends to revoke a certificate on his or her own initiative; and
 (b) in the Registrar's opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;
the Registrar may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the Registrar's opinion, necessary to give effect to each branch being a reporting unit.