Commentary on provisions of Act Schedule 2: Certification Officer: Exercise of Powers without Application etc
Schedule 2 makes a series of amendments to the 1992 Act to enable the Certification Officer to exercise a number of his existing enforcement powers without having to first receive an application from a trade union member. Amendments are made to ensure that this can occur in relation to other requirements of the 1992 Act as follows:
A failure to comply with the requirements of 45B (duty to secure positions not held by certain offenders). This is achieved by amending section 45C (remedies and enforcement),
A failure to comply with the requirements under Chapter 4 of Part 1 in relation to elections for certain positions. This is achieved by amending sections 54 (remedy for failure to comply with requirements) and 55 (application to the Certification Officer),
An application of trade union funds in breach of the restriction in section 71 on the expenditure of money on political activities. This is achieved by amending section 72A (application of funds in breach of section 71),
A failure to comply with the requirements of Chapter 6 of Part 1 in relation to political fund ballots rules. This is achieved by amending sections 79 (remedy for failure to comply with ballot rules) and 80 (application to the Certification Officer),
A failure to comply with the requirements under section 82 in relation to trade union political fund rules (achieved by amending that section),
A failure to comply with the requirements on the passing of resolutions on union amalgamations or transfers under section 99 to 100E. This is achieved by amending section 103 (complaints as to passing of resolution).