Commonwealth Consolidated Acts

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 163

Application for order declaring rules contravene section   142

  (1)   A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.

  (2)   If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section   142 or that the rules of an organisation contravene section   142 in a particular respect.

  (3)   If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph   142(1)(c) or (d) or that the rules of an organisation contravene paragraph   142(1)(c) or (d) in a particular respect.

  (4)   An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.

  (5)   The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.

Effect of order

  (6)   Where an order under this section declares that the whole or a part of a rule contravenes section   142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.

Appropriate authority may alter organisation's rules

  (7)   Where:

  (a)   the Court makes an order declaring as mentioned in subsection   (2) or (3) in relation to the rules of an organisation; and

  (b)   at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section   142 in relation to the matters that gave rise to the order;

the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority's opinion, bring the rules into conformity with that section in relation to those matters.

Note:   For the meaning of appropriate authority see subsection   (12).

  (8)   The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection   (7) or within any extension of the period, extend, or further extend, the period.

  (9)   Alterations determined under subsection   (7) take effect on the date of the instrument.

Court may make interim orders

  (10)   At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.

  (11)   An order under subsection   (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.

Definitions

  (12)   In this section:

"appropriate authority" means:

  (a)   in relation to the eligibility rules of an organisation--the President, a Vice President or a Deputy President; or

  (b)   in relation to the other rules of an organisation--the General Manager.

  (13)   In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.