Commentary on provisions of Act Section 18: Enforcement by Certification Officer of new annual return requirements
Subsection (1) of the section inserts a new section 32ZC into the 1992 Act to allow the Certification Officer to enforce the annual return requirements in new sections 32ZA and 32ZB (to be inserted into the 1992 Act by sections 6 and 11 of the Act respectively). It gives the Certification Officer the power to make a declaration that a trade union has failed to comply with the new annual return requirements in relation to details of industrial action and political expenditure. Before doing so the Certification Officer may make enquiries and may give the trade union an opportunity to make oral representations. The Certification Officer must give the union the opportunity to make written representations and must specify the reasons for making any declaration in writing. If the Certification Officer decides not to make a declaration he must give the union written notice of that determination.
	Where a declaration is made then the Certification Officer must also make an enforcement order unless the Officer considers that it would be inappropriate to do so. Such order may be enforced as if were an order of the court.
	Subsection (2) provides that the new enforcement powers only apply to annual returns for periods that begin after the day on which the section come into force.
	Subsection (3) amends section 45 of the 1992 Act to make it clear that sections 32ZA and 32ZB do not give rise to new criminal offences. Enforcement is through the Certification Officer’s civil enforcement powers under new section 32ZC.