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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 320

Validation of certain acts after 4 years

  (1)   Subject to this section and section   321, after the end of 4 years from:

  (a)   the doing of an act:

  (i)   by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or

  (ii)   by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or

  (b)   the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or

  (c)   the making or purported making, or the alteration or purported alteration, of a rule of an organisation or branch;

the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.

  (2)   The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection   (1).

  (3)   This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:

  (a)   done or occurring before the commencement of this section; or

  (b)   done or occurring in relation to an association before it became an organisation.


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