made under the Registered Organisations Act by:

the General Manager (including a delegate of the General Manager); or

the Registered Organisations Commissioner (including a delegate of the Commissioner);

a decision of the Registered Organisations Commissioner (including a delegate of the Commissioner) under the Registered Organisations Act; and

subsection 297(2) or (3);

subsection 298(2) or (3);

subsection 299(2) or (3);

subsection 300(2) or (3);

subsection 301(2) or (3);

subsection 302(2) or (3);

subsection 303(2).

the Commissioner, or a person authorised in writing by the Commissioner to make the application;

the General Manager, or a person authorised in writing by the General Manager to make the application.

to promote:

efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and

compliance with financial reporting and accountability requirements of this Act;

to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;

such other functions as are conferred on the Commissioner by this Act or by another Act;

to do anything incidental to or conducive to the performance of any of the above functions.

has suitable qualifications or experience; and

is of good character.

during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

for misbehaviour; or

if the Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.

the Commissioner:

becomes bankrupt; or

takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with one or more of his or her creditors; or

makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or

the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

the Commissioner engages in paid employment contrary to section 329BF; or

(d) the Commissioner fails, without reasonable excuse, to comply with Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or with rules made for the purposes of that section.section 29 of the

are subject to the directions of the Commissioner; and

are not subject to the directions of the Fair Work Ombudsman (within the meaning of the Fair Work Act).

(a) by employees of Agencies (within the meaning of the Public Service Act 1999); or

by officers and employees of a State or Territory; or

by officers and employees of authorities of the Commonwealth, a State or a Territory;

the Commissioner; and

any staff assisting the Commissioner as mentioned in subsection 329CA(1).

amounts received by the Commonwealth in connection with the performance of the Commissioner’s functions under this Act;

(b) interest received by the Commonwealth from the investment of amounts debited from the Account;

amounts received by the Commonwealth in relation to property paid for with amounts debited from the Account;

amounts of any gifts given or bequests made for the purposes of the Account.

paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the Commissioner’s functions;

paying any remuneration and allowances payable to any person under this Act (including staff mentioned in section 329CA);

meeting the expenses of administering the Account.

details of the number and types of investigations conducted by the Commissioner under Part 4 of Chapter 11 of this Act;

details of:

when each investigation was started; and

if the investigation has been completed—when it was completed; and

if the investigation has not been completed—when it is expected to be completed;

details of any orders applied for under paragraph 310(1)(a) of this Act;

details of the types of education activities undertaken by the Commissioner and whether the education activities were provided to:

registered employer organisations; or

registered employee organisations; or

members of registered employer organisations; or

members of registered employee organisations;

any other matter prescribed by the regulations.

the Commissioner or a member of the staff assisting the Commissioner;

subsection 28(1A);

subsection 95(3A), (3B) or (3C);

subsection 183(4);

section 197;

any provision of Part 3 or 4 of Chapter 7 (other than section 202);

any provision of Division 1, 2, 3 or 4 of Part 3 of Chapter 8;

subsection 278(2);

section 310;

section 334;

section 335 or 335A;

subsection 335C(2);

subsection 336(1), (2), (3) or (5).

a member of the staff assisting the Commissioner; or

(b) any other person or body the Commissioner is satisfied has substantial or significant experience or knowledge in at least one of the following fields:

accounting;

auditing;

financial reporting;

conducting compliance audits or investigations;

a field prescribed by the regulations for the purposes of this subparagraph.

a process begun under the Act is incomplete at the commencement time; and

because of the amendments made by this Schedule, a function or power that the General Manager or the FWC was required, or able, to perform or exercise in relation to the process has become a function or power of the Commissioner.

the Commissioner must or may, as the case requires, perform the function or exercise the power; and

things done by or in relation to the General Manager or the FWC before the commencement time have effect as if they were done by or in relation to the Commissioner.

the reference in subsection 236(5) of the Act to a copy of a document received by the Commissioner includes a reference to a copy of a document received by the General Manager under section 236 of the Act before the commencement time; and

the reference in subsection 237(4) of the Act to a statement lodged with the Commissioner under subsection (1) includes a reference to a statement lodged with the FWC under subsection 237(1) of the Act before the commencement time; and

the reference in paragraph 347(1)(c) of the Act to a copy of a list lodged with the Commissioner under subsection 233(1) includes a reference to a copy of a list lodged with the FWC under that subsection before the commencement time; and

the reference in the Commissioner includes a reference to a certificate of the General Manager covered by that section before the commencement time; andsection 348 of the Act to a certificate of

the reference in the Commissioner on behalf of the organisation or a copy of any such list certified by the Commissioner includes a reference to such a list lodged with the FWC on behalf of the organisation or a copy of such a list certified by the General Manager before the commencement time.section 349 of the Act to a list of the officers of an organisation or a branch of an organisation lodged with

the agreement has effect accordingly; and

the rights and obligations of the General Manager in relation to such a proceeding become rights and obligations of the Commissioner.

an application made by the General Manager under the Act, other than an application under Part 2 of Chapter 10 of the Act, has not been finally determined before the commencement time; and

because of the amendments made by this Schedule, the power to make applications of that kind has become a power of the Commissioner.

the Commissioner;

the General Manager;

an FWC Member;

(d) the Director, Fair Work (Building Industry) Act 2012;within the meaning of subsection 4(1) of the

the Fair Work Ombudsman (within the meaning of the Fair Work Act).

(a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or

constitutes, or may constitute, an offence against a law of the Commonwealth.

an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or

a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or

a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or

a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or

a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or

a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.

a proceeding in a court; or

a proceeding or hearing before, or an examination by or before, a tribunal;

materially prejudices the interests of the organisation or branch, or the members of the organisation or branch; or

materially prejudices the ability of the organisation or branch to pay its creditors; or

is serious.

the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and

remuneration, and other employment-related costs and expenses, in respect of employees;

advertising;

operating costs;

donations to political parties;

legal costs.

be in a form approved by the Commissioner; and

if the person is a registered company auditor—include evidence of that status; and

if the person is not a registered company auditor—contain the information required by the regulations.

the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and

the person has either:

(i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under Corporations Act 2001; orsection 1280A of the

had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and

the Commissioner is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.

(a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and

has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the Commissioner to represent a course of study:

in accountancy (including auditing) of not less than 3 years duration; and

in commercial law (including company law) of not less than 2 years duration; and

(c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.

under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or

under section 307A, the person is disqualified from holding office in an organisation.

stating that the person has been registered as an auditor; and

specifying the day the application was granted.

takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and

remains in force until:

the registration is cancelled by the Commissioner; or

the person dies.

has failed to carry out his or her duties under this Act; or

has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or

is otherwise not a fit and proper person to remain registered as an auditor.

the nature of the audit; and

the extent to which the person was involved in the audit; and

the level of responsibility the person assumed in relation to the audit.

cancel the registration if the person’s registration as a registered company auditor is cancelled; or

suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.

the Commissioner must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and

the decision comes into effect at the end of the day on which that notice is given to the person.

the registration may cease or be suspended as provided for by this Subdivision; and

the registration may cease or be suspended by or under later legislation; and

no compensation is payable if the registration ceases or is suspended as mentioned in paragraph (a) or (b).

information relating to the matters to which the Commissioner must have regard in deciding whether to register a person as an auditor;

the keeping of a register;

fees in respect of applications for registration;

matters relating to the suspension and cancellation of registration;

the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.

an individual who is a registered auditor; or

a firm, at least one of whose members is a registered auditor; or

a company, at least one of whose directors, officers or employees is a registered auditor.

the individual is a registered auditor; and

the individual is not an excluded auditor in relation to the reporting unit.

at least one director, officer or employee of the company is a registered auditor; and

no director, officer or employee of the company is an excluded auditor in relation to the reporting unit.

ceases to be a registered auditor; or

becomes an excluded auditor in relation to the reporting unit.

there is no longer any director, officer or employee of the company who is a registered auditor; or

a director, officer or employee of the company becomes an excluded auditor in relation to the reporting unit.

for more than 5 consecutive financial years; or

for more than 5 out of 7 consecutive financial years.

the individual holds the position of auditor of the reporting unit for the financial year; or

if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:

participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or

(ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.

is reckless; or

is intentionally dishonest;

in good faith in the best interests of the organisation; or

for a proper purpose.

with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or

reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.

with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or

reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.

because the officer is a member of a Board, if:

the officer is a member of the Board only because the officer is an officer of the organisation; or

the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or

by a related party of the organisation, in connection with the performance of the officer’s duties as an officer.

because the officer is a member of a Board, if:

the officer is a member of the Board only because the officer is an officer of the branch; or

the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or

by a related party of the branch, in connection with the performance of the officer’s duties as an officer.

remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and

the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and

the requirements set out in subsections (2) to (5) are met.

the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;

for each of those officers:

the actual amount of the officer’s relevant remuneration for the financial year; and

the value and form of the officer’s relevant non-cash benefits for the financial year.

the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;

for each of those officers:

the actual amount of the officer’s relevant remuneration for the financial year; and

the value and form of the officer’s relevant non-cash benefits for the financial year.

any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;

any remuneration paid, during the financial year, to the officer by the organisation or the branch.

the interest:

arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or

arises in relation to the officer’s remuneration as an officer of the organisation or branch; or

relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or

is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or

the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.

be made as soon as practicable after the interest is acquired; and

provide details of:

the nature and extent of the interest; and

the relation of the interest to the affairs of the organisation or branch; and

be made:

at a meeting of the committee of management (either orally or in writing); or

to the members of the committee of management individually in writing.

if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or

in any other case—in the minutes of the first meeting of the committee of management after the disclosure is made.

give details of the nature and extent of the interest; and

be given:

at a meeting of the committee of management (either orally or in writing); or

to the members of the committee of management individually in writing.

takes effect as soon as it is given; and

ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.

any general law rule about conflicts of interest; and

any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.

must not be present during any deliberation by the organisation on the matter; and

must not take part in any decision of the organisation with respect to the matter.

must not be present during any deliberation by the branch on the matter; and

must not take part in any decision of the branch with respect to the matter.

subsection (4) allows the officer to be present and take part in a discussion with respect to the matter; or

the interest does not need to be disclosed under section 293C.

identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and

states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.

to a related party of the organisation or of a branch of the organisation; or

to a declared person or body of the organisation.

to a related party of the branch; or

to a declared person or body of the branch.

the related party is an officer of the organisation or the branch; and

the payment:

consists of remuneration paid to the officer by the organisation or the branch; or

is reimbursement for expenses reasonably incurred by the officer in performing the officer’s duties as an officer.

would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or

are less favourable to the related party than the terms referred to in paragraph (a).

the amount of the payment;

the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.

amounts that have been repaid; and

amounts that fall under any other exception in this section.

the payment is given to the related party in their capacity as a member of the organisation or the branch; and

making the payment does not discriminate unfairly against the other members of the organisation or the branch.

an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and

the interest relates to, or is in, the person or body; and

the officer has not notified the organisation or the branch that the officer no longer has the interest.

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

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.

that special circumstances exist in relation to the organisation; and

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

that the proposed alternative disclosure arrangement:

complies with and is not contrary to this Act (other than section 293G); and

is not otherwise contrary to law;

the order must set out the alternative disclosure arrangement; and

the alternative disclosure arrangement takes effect when the Commissioner makes the order; and

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.

the day the order is revoked under subsection (6); and

the day 5 years after the day the order was made.

either:

is no longer satisfied of a matter referred to in paragraph (3)(a), (b) or (c); or

is satisfied that the organisation has contravened the alternative disclosure arrangement set out in the order; and

has given the organisation an opportunity, as prescribed, to show cause why the order should not be revoked.

as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and

within the period of 6 months starting at the end of the financial year:

cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and

lodge with the Commissioner a copy of the officer and related party disclosure statement provided to the members.

as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and

within the period of 6 months starting at the end of the financial year:

cause the officer and related party disclosure statement to be provided to the members of the branch; and

lodge with the Commissioner a copy of the officer and related party disclosure statement provided to the members.

approved by the Commissioner under section 293L; and

that covers each of the officer’s financial duties.

an organisation; or

a peak council; or

a body or person the Commissioner is satisfied has appropriate skills and expertise to provide the training;

experience as a company director; or

experience as an officer of a registered organisation; or

other professional qualifications and experience.

the person has contravened a civil penalty provision; and

the Court is satisfied that the disqualification is justified.

the person’s conduct in relation to the management, business and property of any organisation; and

any other matter that the Court considers appropriate.

the Commissioner or a member of the staff assisting the Commissioner;

the General Manager or a member of the staff of the FWC.

that it is necessary or appropriate to do so in the course of performing or exercising his or her functions or powers (including under the Fair Work Act); or

that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.

has information or a document that is relevant to an investigation; or

is capable of giving evidence which the Commissioner has reason to believe is relevant to an investigation.

state the general nature of the matters to which the investigation relates; and

state that the person may be accompanied by another person who may, but does not have to, be a lawyer; and

set out the effect of section 337AD (self-incrimination); and

state whether or not the person will be required to answer questions on oath or affirmation; and

if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).

require the attendee to either take an oath or make an affirmation; and

administer an oath or affirmation to the attendee.

the investigator or the attendee; or

the Commissioner or a member of the staff assisting the Commissioner authorised by the Commissioner to be present; or

is entitled to be present:

because of a direction under subsection (1); or

because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).

address the investigator; and

question the attendee;

the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and

the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.

lay before a magistrate an information on oath or affirmation setting out those grounds; and

apply for the issue of a warrant to search the premises for those documents.

to enter on or into the premises; and

to search the premises; and

to break open and search anything, whether a fixture or not, in or on the premises; and

to take possession of, or secure against interference, documents that appear to be any or all of those documents.

which of the grounds set out in the information; and

particulars of any other grounds;

specify the premises and documents referred to in subsection (1); and

state whether entry is authorised to be made at any time of the day or night or only during specified hours; and

state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.

announce that the member is authorised to enter the premises; and

give any person at the premises an opportunity to allow entry to the premises.

the member of the Australian Federal Police must make available to the occupier a copy of the warrant; and

the occupier is entitled to observe the search being conducted.

documents are produced to a person under a requirement made under section 335; or

under a warrant issued under section 335L, a person:

takes possession of documents; or

secures documents against interference; or

by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.

for the purposes of exercising a power conferred by this section (other than this subsection and subsection (7)); or

for the purposes of conducting the investigation concerned; or

for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or

for such a proceeding to be begun and carried on.

must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first-mentioned person’s possession; and

may permit another person to inspect any of the documents.

if paragraph (1)(a) applies—a person who so produced any of the documents; or

in any case—a person who was a party to the compilation of any of the documents;

where the documents may be found; and

who last had possession, custody or control of the documents and where that person may be found.

to identify property of the organisation; and

to explain how the organisation has kept account of that property.

the person fails, intentionally or recklessly, to comply with a requirement under subsection 335(2):

to give information or produce a document; or

to attend before the Commissioner or delegate; or

to give to the Commissioner such other reasonable assistance as is specified in a notice under that subsection; or

a requirement under subsection 335D(3) to answer a question; or

a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or

a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or

a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.

fails to comply with a requirement under subsection 335D(1) to take an oath or make an affirmation; or

contravenes subsection 335E(2) (questioning to take place in private); or

fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or

contravenes section 335H (conditions on use of copies of records of statements made during questioning).

engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or

engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.

in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or

if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of .

to give information; or

to produce a document; or

to sign a record;

before:

giving information; or

producing a document; or

signing a record;

the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.

a criminal proceeding; or

a proceeding for the imposition of a penalty;

in the case of giving information or producing a document—whether the information or document is false or misleading; or

in the case of signing a record—whether any statement contained in the record is false or misleading.

under this Part, a person requires a lawyer:

to give information; or

to produce a document; and

giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.

if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and

if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and

if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.

because of subsection 337AD(3), the statement is not admissible in evidence against the person in the proceeding; or

the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or

the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first-mentioned statement; or

the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.

if it appears to the court or tribunal that:

the absent witness is dead or is unfit, because of physical or mental incapacity, to attend as a witness; or

the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or

all reasonable steps have been taken to find the absent witness but he or she cannot be found; or

if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.

how long after the matters to which it related the statement was made; and

any reason the person may have had for concealing or misrepresenting a material matter; and

any other circumstances from which it is reasonable to draw an inference about how accurate the statement is.

evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and

evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.

will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and

for that purpose, will apply to have evidence of those statements admitted in the proceeding.

stating that the other party objects to specified statements being admitted in evidence in the proceeding; and

specifying, in relation to each of those statements, the grounds of objection.

the notice under subsection (1) and any writing that subsection (2) required to accompany that notice; and

the notice under subsection (3).

determine the objections as a preliminary point before the hearing of the proceeding begins; or

defer determination of the objections until the hearing.

the other party has, in accordance with subsection (3), objected to the statement being so admitted; or

the court or tribunal gives the other party leave to object to the statement being so admitted.

a copy of a document with the document; or

an extract from a document with the relevant part of the document;

a written authorisation issued to the investigator by the Commissioner; and

such other evidence (if any) of the investigator’s authority to make the requirement as the Commissioner determines.

a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;

a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;

an officer, former officer, employee or former employee of a person referred to in subparagraph (iv) or (v); and

the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:

the organisation or a branch of the organisation; or

an officer or employee of the organisation or of a branch of the organisation.

the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and

the disclosure is made to the discloser’s lawyer; and

the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:

the organisation or a branch of the organisation; or

an officer or employee of the organisation or of a branch of the organisation.

the first person causes (by act or omission) any detriment to the second person; and

when the act or omission occurs, the first person:

believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or

should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.

dismissal of an employee;

injury of an employee in his or her employment;

alteration of an employee’s position to his or her detriment;

discrimination between an employee and other employees of the same employer;

harassment or intimidation of a person;

harm or injury to a person, including psychological harm;

damage to a person’s property;

damage to a person’s reputation.

an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;

an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;

an order requiring the respondent to apologise to the target for taking, or threatening to take, the reprisal;

if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;

if the Court thinks it is appropriate—an order requiring the respondent to pay exemplary damages to the target;

any other order the Court thinks appropriate.

the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and

the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and

the respondent failed in part or whole to fulfil that duty.

the target;

the Commissioner;

the General Manager;

(d) the Director, Fair Work (Building Industry) Act 2012;within the meaning of subsection 4(1) of the

the Fair Work Ombudsman (within the meaning of the Fair Work Act).

aided, abetted, counselled or procured the conduct; or

induced the conduct, whether through threats or promises or otherwise; or

failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or

been in any way (directly or indirectly) knowingly concerned in or a party to the conduct; or

conspired with others to effect the conduct.

the court is satisfied that the target instituted the proceedings vexatiously or without reasonable cause; or

the court is satisfied that the target’s unreasonable act or omission caused the other party to incur the costs.

the first person:

intends the second person to fear that the threat will be carried out; or

is reckless as to the second person fearing that the threat will be carried out; and

the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.

express or implied; or

conditional or unconditional.

the person takes a reprisal against another person; and

the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.

(a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and

the first person:

intends the second person to fear that the threat will be carried out; or

is reckless as to the second person fearing that the threat will be carried out; and

the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.

express or implied; or

conditional or unconditional.

the provision is enacted after the commencement of this section; and

the provision is expressed to have effect despite this Part or that section.

on the Commissioner’s own initiative; or

on application made by the authorised official; or

on application made by the discloser.

the Commissioner must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and

the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.

informing the discloser that an authorised official will investigate a disclosure;

informing the discloser and the Commissioner of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;

preparing a report of an investigation;

adopting a finding of another investigation or inquiry for the purposes of an investigation.

the information disclosed; or

any other information obtained in the course of investigation of the disclosure;

the information disclosed; or

any other information obtained in the course of investigation of the disclosure;

the person does so when requested to do so by a person conducting an investigation under this Division; and

the information, document or answer is relevant to the investigation.

in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or

in the exercise, or purported exercise, of any power conferred on the person or authorised official by this Part.

subsection 329G(2);

section 335K;

any exemption granted to the organisation concerned under section 148D of the Act, as in force before the commencement time; and

the statement, particulars and evidence provided in relation to any such exemption as required by subsection 148D(2) of the Act, as in force before the commencement time.

a former officer, former employee or former member whether the person ceased to be an officer, employee or member before or after the commencement time; and

a contract or transaction whether the contract or transaction started, ended or occurred before or after the commencement time.

the reference to an act or omission includes an act or omission that occurred before the commencement time; and

(b) the reference to the Fair Work Act includes the WR Act (within the meaning of item 3 of Schedule 2 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009), as in force from time to time.