New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 363

363 Secretary or agent of union receiving money for contravention of, or under, industrial instrument

(1) This section applies to money received or collected by the secretary of an industrial organisation or by any other person purporting to act on behalf of any industrial organisation, being--

(a) money paid or purporting to be paid in respect of any contravention of an industrial instrument, or

(b) an amount payable under an industrial instrument (within the meaning of Part 2).

(2) A person who receives or collects any such money that is due to an employee must pay it in full to the employee as soon as practicable after it is received.

(3) A person must not receive or collect any such money by, or for the purpose of, intimidating another person or for any other purpose that is not a lawful purpose of the organisation.

(4) This section does not apply to money paid pursuant to an order of a court or the Industrial Registrar.

: Maximum penalty--100 penalty units.