Fair Work (Registered Organisations) Amendment Act 2016 (Cth)

Fair Work (Registered Organisations) Amendment Act 2016 No. 79, 2016 An Act to amend the Fair Work (Registered Organisations) Act 2009, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—The Registered Organisations Commissioner Part 1—Amendments Fair Work Act 2009 Fair Work (Registered Organisations) Act 2009 Part 2—Transitional provisions Schedule 2—Increased disclosure requirements, investigation powers and penalties Part 1—Amendments Fair Work (Registered Organisations) Act 2009 Part 2—Transitional provisions Fair Work (Registered Organisations) Amendment Act 2016 No. 79, 2016 An Act to amend the Fair Work (Registered Organisations) Act 2009, and for related purposes [Assented to 24 November 2016] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Fair Work (Registered Organisations) Amendment Act 2016. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 24 November 2016 2. Schedules 1 and 2 A day or days to be fixed by Proclamation. Schedule 1: 1 May 2017 However, if any of the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (F2017N00032) Schedule 2: 2 May 2017 (F2017N00032) Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—The Registered Organisations Commissioner Part 1—Amendments Fair Work Act 2009 1 Subsection 576(2) (note) Omit "additional functions", substitute "an additional function". 2 Paragraph 604(1)(b) Repeal the paragraph, substitute: (b) made under the Registered Organisations Act by: (i) the General Manager (including a delegate of the General Manager); or (ii) the Registered Organisations Commissioner (including a delegate of the Commissioner); 3 Subsection 607(1) Omit "or the General Manager", substitute ", the General Manager or the Registered Organisations Commissioner". 4 Subparagraph 613(2)(a)(ii) Omit "and", substitute "or". 5 At the end of paragraph 613(2)(a) Add: (iii) a decision of the Registered Organisations Commissioner (including a delegate of the Commissioner) under the Registered Organisations Act; and Fair Work (Registered Organisations) Act 2009 6 Section 6 Insert: Commission means the Registered Organisations Commission established by section 329DA. Commissioner means the Registered Organisations Commissioner holding office under Part 3A of Chapter 11. 7 Section 6 Insert: directions contravention means a contravention of one of the following: (a) subsection 297(2) or (3); (b) subsection 298(2) or (3); (c) subsection 299(2) or (3); (d) subsection 300(2) or (3); (e) subsection 301(2) or (3); (f) subsection 302(2) or (3); (g) subsection 303(2). 8 Section 6 (definition of FWA Member) Repeal the definition. 9 Section 13 (heading) Repeal the heading, substitute: 13 Additional function of the FWC 10 Subsection 13(1) Omit all the words after "FWC", substitute "include keeping a register of organisations". 11 Subsection 26(1) Omit "paragraph 13(1)(a)", substitute "subsection 13(1)". 12 Subsection 28(1A) Omit "General Manager", substitute "Commissioner". 13 Subsection 28(1A) (note) Omit "General Manager", substitute "Commissioner". 14 Section 31 Omit "paragraph 13(1)(a)", substitute "subsection 13(1)". 15 Subsection 38(4) Omit "paragraph 13(1)(a)", substitute "subsection 13(1)". 16 Paragraph 73(3)(a) Omit "paragraph 13(1)(a)", substitute "subsection 13(1)". 17 Subsection 77(2) Omit "paragraph 13(1)(a)", substitute "subsection 13(1)". 18 Subsection 95(3A) After "request the General Manager", insert "or the Commissioner". 19 Paragraph 95(3A)(a) After "General Manager", insert "or the Commissioner, as the case requires,". 20 Subsections 95(3B) and (3C) After "General Manager", insert "or the Commissioner". 21 Paragraph 110(a) Omit "paragraph 13(1)(a)", substitute "subsection 13(1)". 22 Subsection 114(2) Omit "paragraph 13(1)(a)", substitute "subsection 13(1)". 23 Subsection 151(3) Omit "paragraph 13(1)(a)", substitute "subsection 13(1)". 24 Paragraph 151(10)(b) Omit "paragraph 13(1)(a)", substitute "subsection 13(1)". 25 Subsections 152(4) and 154(4) Omit "paragraph 13(1)(a)", substitute "subsection 13(1)". 26 Paragraph 160(a) Omit "paragraph 13(1)(a)", substitute "subsection 13(1)". 27 Subsection 183(1) Omit "FWC", substitute "Commissioner". 28 Subsection 183(4) Omit "General Manager", substitute "Commissioner". 29 Subsection 184(2) Omit "General Manager", substitute "Commissioner". 30 Section 186 (heading) Repeal the heading, substitute: 186 Commissioner may permit organisation or branch to conduct its elections for office 31 Section 186 Omit "General Manager" (wherever occurring), substitute "Commissioner". 32 Subsection 187(3) Omit "FWC", substitute "Commissioner". 33 Section 189 (heading) Repeal the heading, substitute: 189 Commissioner to arrange for conduct of elections 34 Subsection 189(1) Omit "FWC", substitute "Commissioner". 35 Subsection 189(2) Omit "General Manager", substitute "Commissioner". 36 Paragraph 189(3)(a) Omit "FWC", substitute "Commissioner". 37 Paragraphs 189(3)(a) and (b) Omit "General Manager", substitute "Commissioner". 38 Subsection 189(3) Omit "General Manager must", substitute "Commissioner must". 39 Paragraph 192(2)(b) Omit "FWC", substitute "Commissioner". 40 Paragraph 197(1)(a) Omit "General Manager", substitute "Commissioner". 41 Subparagraph 198(6)(b)(i) Omit "FWC", substitute "Commissioner". 42 Section 202 (heading) Repeal the heading, substitute: 202 Federal Court may authorise Commissioner to take certain action 43 Subsections 202(1) and (2) Omit "General Manager", substitute "Commissioner". 44 Paragraph 202(5)(b) Omit "General Manager", substitute "Commissioner". 45 Subsection 203(1) Omit "General Manager" (wherever occurring), substitute "Commissioner". 46 Subsection 203(1) Omit "of the FWC", substitute "assisting the Commissioner". 47 Subsection 203(1) Omit "343A", substitute "343B". 48 Paragraph 203(6)(b) Omit "of the FWC", substitute "assisting the Commissioner". 49 Paragraph 203(6)(b) Omit "General Manager", substitute "Commissioner". 50 Paragraph 203(6)(b) Omit "343A", substitute "343B". 51 Paragraph 203(6)(c) Omit "General Manager", substitute "Commissioner". 52 Paragraph 206(4)(c) Omit "General Manager", substitute "Commissioner". 53 Section 207 (heading) Repeal the heading, substitute: 207 Commissioner to make arrangements for conduct of elections etc. 54 Section 207 Omit "General Manager", substitute "Commissioner". 55 Subsection 215(5) Omit "General Manager", substitute "Commissioner". 56 Section 229 Omit "General Manager" (wherever occurring), substitute "Commissioner". 57 Section 233 (heading) Repeal the heading, substitute: 233 Obligation to lodge information with the Commissioner 58 Subsections 233(1) and (2) Omit "FWC", substitute "Commissioner". 59 Subsections 234(3) and (4) Omit "General Manager" (wherever occurring), substitute "Commissioner". 60 Section 235 (heading) Repeal the heading, substitute: 235 Commissioner may authorise access to certain records 61 Subsection 235(1) Omit "General Manager" (wherever occurring), substitute "Commissioner". 62 Section 236 (heading) Repeal the heading, substitute: 236 Commissioner may direct organisation to deliver copy of records 63 Section 236 Omit "General Manager" (wherever occurring), substitute "Commissioner". 64 Subsection 237(1) Omit "General Manager", substitute "Commissioner". 65 Subsections 237(1), (2) and (4) Omit "FWC", substitute "Commissioner". 66 Subsections 241(1) and (2) Omit "General Manager", substitute "Commissioner". 67 At the end of section 246 Add: (3) In satisfying himself or herself as mentioned in paragraph (2)(a), the General Manager must consult with the Commissioner. 68 After subsection 247(1) Insert: (1A) In satisfying himself or herself as mentioned in paragraphs (1)(a) and (b), the General Manager must consult with the Commissioner. 69 After subsection 249(5) Insert: (5A) In satisfying himself or herself as mentioned in paragraph (5)(a), the General Manager must consult with the Commissioner. 70 After subsection 249(6) Insert: (6A) In satisfying himself or herself as mentioned in paragraph (6)(a), the General Manager must consult with the Commissioner. 71 Subsections 255(1) and (4) and 257(11) Omit "General Manager", substitute "Commissioner". 72 Subsection 261(2) Omit "FWC", substitute "Commissioner". 73 Subsections 265(5) and 266(1) Omit "General Manager", substitute "Commissioner". 74 Section 268 (heading) Repeal the heading, substitute: 268 Reports etc. to be lodged with the Commissioner 75 Section 268 Omit "General Manager", substitute "Commissioner". 76 Section 268 Omit "FWC", substitute "Commissioner". 77 Paragraph 269(2)(a) Omit "General Manager", substitute "Commissioner". 78 Paragraph 269(2)(c) Omit "FWC", substitute "Commissioner". 79 Subsection 270(1) Omit "General Manager" (wherever occurring), substitute "Commissioner". 80 Paragraph 270(3)(c) Omit "FWC" (wherever occurring), substitute "Commissioner". 81 Subsection 270(7) Omit "General Manager" (wherever occurring), substitute "Commissioner". 82 Section 271 Omit "General Manager" (wherever occurring), substitute "Commissioner". 83 Section 272 (heading) Repeal the heading, substitute: 272 Information to be provided to members or Commissioner 84 Subsections 272(1) and (4) and 278(2) Omit "General Manager", substitute "Commissioner". 85 Subsections 310(1) and (2) Repeal the subsections, substitute: Application other than for order relating to directions contravention (1) The following may apply for an order under this Part, other than an order relating to a directions contravention: (a) the Commissioner, or a person authorised in writing by the Commissioner to make the application; (b) the General Manager, or a person authorised in writing by the General Manager to make the application. Note: For the meaning of directions contravention, see section 6. Application for order relating to directions contravention (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention. 86 Section 317 After: Part 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court. insert: Part 3A establishes the Registered Organisations Commission and Registered Organisations Commissioner, provides for the terms and conditions of appointment of the Commissioner and makes provision for staff to assist the Commissioner. The Registered Organisations Commission Special Account is also established by the Part. 87 Section 317 Omit "General Manager" (wherever occurring), substitute "Commissioner". 88 After Part 3 of Chapter 11 Insert: Part 3A—Registered Organisations Commissioner and Registered Organisations Commission Division 1—Establishment, functions and powers of Commissioner 329AA Establishment There is to be a Registered Organisations Commissioner. 329AB Functions of the Commissioner The Commissioner has the following functions: (a) to promote: (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and (ii) compliance with financial reporting and accountability requirements of this Act; including by providing education, assistance and advice to organisations and their members; (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations; (c) such other functions as are conferred on the Commissioner by this Act or by another Act; (d) to do anything incidental to or conducive to the performance of any of the above functions. 329AC Powers of Commissioner The Commissioner has the power to do all things necessary or convenient to be done for the purposes of performing his or her functions. Note: The expenditure of relevant money (within the meaning of the Public Governance, Performance and Accountability Act 2013) must comply with the requirements in that Act. Division 2—Terms and conditions of appointment of Commissioner 329BA Appointment (1) The Commissioner is to be appointed by the Minister by written instrument. (2) Before the Minister appoints a person as the Commissioner, the Minister must be satisfied that the person: (a) has suitable qualifications or experience; and (b) is of good character. (3) The Commissioner is to be appointed on a full‑time basis. 329BB Term of appointment The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. Note: The Commissioner is eligible for reappointment (see section 33AA of the Acts Interpretation Act 1901). 329BC Acting Commissioner The Minister may appoint an individual to act as the Commissioner: (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or (b) 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. Note: Sections 33AB and 33A of the Acts Interpretation Act 1901 have rules that apply to acting appointments. 329BD Remuneration (1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed. (2) The Commissioner is to be paid the allowances that are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 329BE Leave of absence (1) The Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines. 329BF Outside employment The Commissioner must not engage in paid employment outside the duties of his or her office without the Minister's approval. 329BG Disclosure of interests (1) A disclosure by the Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister. (2) Subsection (1) applies in addition to any rules made for the purposes of that section. (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with subsection (1) of this section. 329BH Other terms and conditions The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister. 329BI Resignation (1) The Commissioner may resign his or her appointment by giving the Minister a signed notice of resignation. (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day. 329BJ Termination of appointment (1) The Minister may terminate the appointment of the Commissioner: (a) for misbehaviour; or (b) if the Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity. (2) The Minister must terminate the appointment of the Commissioner if: (a) the Commissioner: (i) becomes bankrupt; or (ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with one or more of his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or (b) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) the Commissioner engages in paid employment contrary to section 329BF; or (d) the Commissioner fails, without reasonable excuse, to comply with section 29 of the 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. Division 3—Staff and consultants 329CA Staff (1) The staff assisting the Commissioner are to be persons engaged under the Public Service Act 1999 and made available for the purpose by the Fair Work Ombudsman (within the meaning of the Fair Work Act). (2) When performing services for the Commissioner, the persons: (a) are subject to the directions of the Commissioner; and (b) are not subject to the directions of the Fair Work Ombudsman (within the meaning of the Fair Work Act). 329CB Other persons assisting the Commissioner The Commissioner may also be assisted: (a) by employees of Agencies (within the meaning of the Public Service Act 1999); or (b) by officers and employees of a State or Territory; or (c) by officers and employees of authorities of the Commonwealth, a State or a Territory; whose services are made available to the Commissioner in connection with the performance of any of the Commissioner's functions. 329CC Consultants (1) The Commissioner may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the Commissioner. (2) The consultants are to be engaged on terms and conditions that the Commissioner determines in writing. Division 4—Establishment and function of the Registered Organisations Commission 329DA Establishment The Registered Organisations Commission is established by this section. Note: The Commission does not have a legal identity separate from the Commonwealth. 329DB Constitution of the Commission The Commission consists of: (a) the Commissioner; and (b) any staff assisting the Commissioner as mentioned in subsection 329CA(1). 329DC Function of the Commission The Commission's function is to assist the Commissioner in the performance of the Commissioner's functions. 329DD Commission has privileges and immunities of the Crown The Commission has the privileges and immunities of the Crown. Division 5—Registered Organisations Commission Special Account 329EA Registered Organisations Commission Special Account (1) The Registered Organisations Commission Special Account (the Account) is established by this section. (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013. 329EB Credits to the Account There may be credited to the Account amounts equal to the following: (a) 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; (c) amounts received by the Commonwealth in relation to property paid for with amounts debited from the Account; (d) amounts of any gifts given or bequests made for the purposes of the Account. Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act. 329EC Purposes of the Account The purposes of the Account are as follows: (a) paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the Commissioner's functions; (b) paying any remuneration and allowances payable to any person under this Act (including staff mentioned in section 329CA); (c) meeting the expenses of administering the Account. Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts). Division 6—Reporting requirements 329FA Directions from the Minister (1) The Minister may, by legislative instrument, give written directions to the Commissioner about the performance of the Commissioner's functions. Note: Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative Instruments Act 2003 do not apply to the direction (see sections 44 and 54 of that Act). (2) The direction must be of a general nature only. (3) The Commissioner must comply with the direction. 329FB Minister may require reports (1) The Minister may, in writing, direct the Commissioner to give the Minister specified reports relating to the Commissioner's functions. (2) The Commissioner must comply with the direction. (3) The direction, or the report (if made in writing), is not a legislative instrument. 329FC Annual report The annual report prepared by the Fair Work Ombudsman and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period: (a) details of the number and types of investigations conducted by the Commissioner under Part 4 of Chapter 11 of this Act; (b) details of: (i) when each investigation was started; and (ii) if the investigation has been completed—when it was completed; and (iii) if the investigation has not been completed—when it is expected to be completed; (c) details of any orders applied for under paragraph 310(1)(a) of this Act; (d) details of the types of education activities undertaken by the Commissioner and whether the education activities were provided to: (i) registered employer organisations; or (ii) registered employee organisations; or (iii) members of registered employer organisations; or (iv) members of registered employee organisations; (e) any other matter prescribed by the regulations. 89 Section 330 (heading) Repeal the heading, substitute: 330 Commissioner may make inquiries 90 Subsections 330(1) and (2) Omit "General Manager", substitute "Commissioner". 91 Section 331 (heading) Repeal the heading, substitute: 331 Commissioner may conduct investigations 92 Section 331 Omit "General Manager" (wherever occurring), substitute "Commissioner". 93 Subsection 332(1) Omit "General Manager must", substitute "Commissioner must". 94 Paragraph 332(1)(a) Omit "FWC", substitute "Commissioner". 95 Paragraph 332(1)(b) Omit "General Manager", substitute "Commissioner". 96 Subsections 332(2) and (3) Omit "General Manager" (wherever occurring), substitute "Commissioner". 97 Subsection 333(1) Omit "FWC", substitute "Commissioner". 98 Subsection 333(1) Omit "General Manager", substitute "Commissioner". 99 Subsections 333(2) and (3) Omit "General Manager" (wherever occurring), substitute "Commissioner". 100 Sections 334 to 335A Omit "General Manager" (wherever occurring), substitute "Commissioner". 101 Section 335B Omit "General Manager", substitute "Commissioner". 102 Subsection 335C(1) Omit "General Manager", substitute "Commissioner". 103 Subsection 335C(1) Omit "of the FWC", substitute "assisting the Commissioner". 104 Subsection 335C(2) Omit "General Manager" (wherever occurring), substitute "Commissioner". 105 Subsection 336(1) (heading) Repeal the heading, substitute: Commissioner must notify reporting unit 106 Subsection 336(1) Omit "General Manager is satisfied", substitute "Commissioner is satisfied". 107 Subsection 336(1) Omit "the reporting unit concerned", substitute "a reporting unit". 108 Subsection 336(1) Omit "General Manager must", substitute "Commissioner must". 109 Subsection 336(1A) (heading) Repeal the heading, substitute: Commissioner must make inquiries 110 Subsection 336(1A) Omit "General Manager", substitute "Commissioner". 111 Subsection 336(2) (heading) Repeal the heading, substitute: Commissioner may take other action 112 Subsection 336(2) Omit "General Manager", substitute "Commissioner". 113 Subsections 336(3) and (5) Omit "General Manager", substitute "Commissioner". 114 Section 337 (heading) Repeal the heading, substitute: 337 Offences in relation to investigation by Commissioner 115 Subsection 337(1) Omit "General Manager" (wherever occurring), substitute "Commissioner". 116 Before subparagraph 337A(b)(i) Insert: (ia) the Commissioner or a member of the staff assisting the Commissioner; 117 Paragraph 337K(3)(a) After "subparagraph (1)(b)(ii)", insert "and to the Commissioner". 118 Paragraphs 337K(5)(a) and (b) Omit "FWA Member", substitute "FWC Member". 119 Paragraphs 343A(2)(c) to (g) Repeal the paragraphs. 120 Paragraphs 343A(2)(i) to (j) Repeal the paragraphs. 121 Paragraphs 343A(3)(d) to (g) Repeal the paragraphs. 122 Paragraph 343A(3)(h) Omit "a provision of Part 4 of that Chapter or". 123 Subsection 343A(3A) Repeal the subsection. 124 After section 343A Insert: 343B Delegation by Commissioner (1) The Commissioner may, in writing, delegate to a member of the staff assisting the Commissioner all or any of the Commissioner's functions or powers under this Act. (2) Despite subsection (1), the Commissioner's functions or powers under the following provisions cannot be delegated: (a) subsection 28(1A); (b) subsection 95(3A), (3B) or (3C); (c) subsection 183(4); (d) section 197; (e) any provision of Part 3 or 4 of Chapter 7 (other than section 202); (f) any provision of Division 1, 2, 3 or 4 of Part 3 of Chapter 8; (g) subsection 278(2); (h) section 310; (j) section 334; (k) section 335 or 335A; (ka) subsection 335C(2); (m) subsection 336(1), (2), (3) or (5). (3) Despite subsection (1), the Commissioner's functions or powers under section 330, 331, 332 or 333 can only be delegated to: (a) 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: (i) accounting; (ii) auditing; (iii) financial reporting; (iv) conducting compliance audits or investigations; (v) a field prescribed by the regulations for the purposes of this subparagraph. (5) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Commissioner. 125 Paragraph 347(1)(c) Omit "FWC", substitute "Commissioner". 126 Section 348 After "General Manager", insert "or the Commissioner". 127 Section 349 Omit "FWC", substitute "Commissioner". 128 Section 349 Omit "General Manager", substitute "Commissioner". Part 2—Transitional provisions 129 Definitions In this Part: commencement time means the time when this Schedule commences. Commissioner has the same meaning as in the Act. FWC has the same meaning as in the Act. General Manager has the same meaning as in the Act. the Act means the Fair Work (Registered Organisations) Act 2009. 130 Commissioner to complete certain processes (1) This item applies if: (a) a process begun under the Act is incomplete at the commencement time; and (b) 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. (2) For the purposes of completing the process: (a) the Commissioner must or may, as the case requires, perform the function or exercise the power; and (b) 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. 131 Permission to keep records at premises A permission given by the General Manager under section 234 (storage of records) of the Act that is in force immediately before the commencement time has effect, after that time, as if it had been given by the Commissioner under that section. 132 Certain references to include documents dealt with before the commencement time After the commencement time: (a) 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 (b) 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 (c) 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 (d) the reference in section 348 of the Act to a certificate of the Commissioner includes a reference to a certificate of the General Manager covered by that section before the commencement time; and (e) the reference in section 349 of the Act to a list of the officers of an organisation or a branch of an organisation lodged with 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. 133 Proceedings in relation to civil penalty provisions (1) This item applies if an application made by the General Manager under Part 2 of Chapter 10 of the Act has not been finally determined before the commencement time. (2) If the General Manager and the Commissioner agree, by signed writing, that the Commissioner is substituted for the General Manager as a party to any proceeding arising from the application: (a) the agreement has effect accordingly; and (b) the rights and obligations of the General Manager in relation to such a proceeding become rights and obligations of the Commissioner. 134 Other proceedings (1) This item applies if: (a) an application made by th