Trade Unions Act · 2023 Revised Edition
29. Penalty for misuse of money or property of registered trade union
Official textFrom Attorney General's Chambers, unchanged
Where, on a complaint made by a member of a registered trade union, it is shown to the satisfaction of the Court of a Magistrate that any officer or member of that union has in his possession or control any property of the union except in accordance with the rules of the union, or has unlawfully expended or withheld any money of the union, the court shall, if it considers the justice of the case so requires, order such officer or member to deliver all such property to the members of the union and to pay to them the money so unlawfully expended or withheld.
A complaint made under subsection (1) shall not be entertained unless the court is satisfied that the complainant is, on the date of that complaint, a member of the registered trade union in respect of the property of which such complaint is so made.
trade union
“trade union” means any combination, whether temporary or permanent, the principal purposes of which are under its constitution the regulation of the relations between workers and employers, or between workers and workers, or between employers and employers, whether such combination would or would not, if this Act had not been enacted, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade;
Any person bound by an order made under subsection (1) who fails to comply with the terms thereof and the directions given therein within a time to be specified in such order is guilty of an offence and liable on conviction to a fine of $1,000.
An order under subsection (1) shall not affect or prevent a prosecution of, or civil proceedings against, any such officer or member.
Trade Unions
An injunction restraining any unauthorised or unlawful expenditure of the funds of a trade union may be granted on the application of five or more persons having a sufficient interest in the relief sought or of the Registrar, or of the Attorney General, and in granting any such injunction the court, in the case of the dissolution of any trade union upon the cancellation of its registration, may order that the funds of that trade union be paid over to the Court for disposal in accordance with the rules of that trade union.
Registrar
“Registrar” means the Registrar of Trade Unions appointed under section 6;
Terms defined in s 2
Registrar
Defined · s 2“Registrar” means the Registrar of Trade Unions appointed under section 6;
trade union
Defined · s 2“trade union” means any combination, whether temporary or permanent, the principal purposes of which are under its constitution the regulation of the relations between workers and employers, or between workers and workers, or between employers and employers, whether such combination would or would not, if this Act had not been enacted, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade;