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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 318

Definition

    In this Part:

"invalidity" includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:

  (a)   a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:

  (i)   has not been elected or appointed or duly elected or appointed; or

  (ii)   has purported to be elected or appointed by an election or appointment that was a nullity; or

  (iii)   was not entitled to be elected or appointed or to hold office; or

  (iv)   was not a member of the organisation; or

  (v)   was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part   in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or

  (b)   persons who were not entitled to do so, or were not members of the organisation, took part   in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.


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