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FEDERAL COURT RULES 2011 - RULE 34.01

Definitions for Division 34.1

             (1)  In this Division:

"Fair Work Act" means the Fair Work Act 2009 .

"Fair Work Inspector " means a person appointed as a Fair Work Inspector under section 700 of the Fair Work Act 2009 and includes the Fair Work Ombudsman.

Registered Organisations Regulations means the Fair Work (Registered Organisations) Regulations 2009 .

"Registered Organisations Act " means the Fair Work (Registered Organisations) Act 2009 .

"rule to show cause" means a rule calling on a person, or an organisation, to show cause why an order should not be made in relation to the person or organisation under section 163, 164, 164A or 167(2) of the Registered Organisations Act.

Note 1:       Under section 163 of the Registered Organisations Act, a member, or an applicant for membership, of an organisation may apply to the Court for an order declaring that the whole or a part of a rule of the organisation contravenes section 142 of the Registered Organisations Act (which states general requirements for rules), or that the rules of the organisation contravene section 142 of the Registered Organisations Act in a particular way.

Note 2:       Under section 164 of the Registered Organisations Act, a member of an organisation may apply to the Court for an order giving directions for the performance or observance of any of the rules of the organisation by any person who is under an obligation to perform or observe the rules.

Note 3:       Under section 164A of the Registered Organisations Act, a member of an organisation may apply to the Court for an order directing one or more persons (who may be, or include, the person who has breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practical, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred. The Court may make the order if satisfied that a person who was under an obligation to perform or observe the rule or rules of the organisation has acted unreasonably in breaching the rule or rules.

Note 4:       Under section 167(1) of the Registered Organisations Act, a person or organisation may apply to the Court for a declaration about the entitlement of a person to be admitted as a member of the organisation or to remain a member of the organisation. Under section 167(2) of the Registered Organisations Act, the Court may make an order to give effect to a declaration made under that section.

Note 5:       Section 701 of the Fair Work Act provides that the Fair Work Ombudsman is a Fair Work Inspector.

             (2)  Unless a contrary intention appears:

                     (a)  an expression used in rules 34.03 to 34.05 and in the Fair Work Act has the same meaning in rules 34.03 to 34.05 as it has in the Fair Work Act; and

                     (b)  an expression used in rules 34.06 to 34.08 and in the Registered Organisations Act has the same meaning in rules 34.06 to 34.08 as it has in the Registered Organisations Act.



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