The Fair Work Commission and the TWU
Report to the AFP regarding a certain statutory declaration

I hope the Fair Work Commission isn't misleading us

Dear Ms Lloyd,

 
Thank you for your note.   Perhaps you might let us know the difference between your suggestion that ambiguity might arise because the Act allows 36 months before a non-financial member of an organisation must be removed and the following law which says someone who ceases to be a member must have their name removed within 28 days.
 
 

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 230

Records to be kept and lodged by organisations

             (1)  An organisation must keep the following records:

                     (a)  a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);

                     (b)  a list of the offices in the organisation and each branch of the organisation;

                     (c)  a list of the names, postal addresses and occupations of the persons holding the offices;

                     (d)  such other records as are prescribed.

Note:          This subsection is a civil penalty provision (see section 305).

             (2)  An organisation must:

                     (a)  enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;

                     (b)  remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and

                     (c)  enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.

Note 1:       This subsection is a civil penalty provision (see section 305).

Note 2:       An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).

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