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INDUSTRIAL RELATIONS ACT 1996 - SECT 230

Suspension or other orders where cancellation of registration deferred

230 Suspension or other orders where cancellation of registration deferred

(1) The Supreme Court may, instead of making an order cancelling registration, or altering rules, of an industrial organisation, make one or more of the following orders--
(a) an order suspending, to the extent specified in the order, all or any of the rights, privileges or capacities of the industrial organisation, or of all or any of its members as such, under this or any other Act or under industrial instruments or orders made under this or any other Act,
(b) an order giving directions as to the exercise of any rights, privileges or capacities that have been suspended,
(c) an order restricting the use of the funds or property of the industrial organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.
(2) Having made such an order, the Supreme Court must defer the determination of the question whether to cancel the registration of the industrial organisation concerned until--
(a) any order made under this section ceases to be in force, or
(b) on application by a party to the proceeding, the Supreme Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non-observance of any order and to any other relevant circumstance,
whichever happens first.
(3) An order made under this section has effect despite anything in the rules of the industrial organisation concerned.
(4) An order made under this section--
(a) may be revoked by the Supreme Court, by order, on application by a party to the proceeding concerned, and
(b) unless sooner revoked, ceases to be in force--
(i) 6 months after it came into force, or
(ii) at the expiration of such longer period after it came into force as is ordered by the Supreme Court on application by a party to the proceeding made while the order remains in force.
(5) A person who contravenes an order made under subsection (1) (b) or (c) is guilty of an offence.
: Maximum penalty--50 penalty units.



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