Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_168
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 168
Character Range: 239233–241321

168  Application for membership of organisation by person treated as having been a member

 (1) Where:
 (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and
 (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;
the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person's application to the time of the person's admission.

 (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):
 (a) the person; or
 (b) the organisation;
may apply to the Federal Court for a declaration as to the entitlement of the person under this section.

 (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.

 (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).

 (5) Where an application is made to the Court under this section:
 (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and
 (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.