Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p81
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 81/154)
Character Range: 408874–411561

Complaints Tribunal or AFCA, that Division applies as if a reference to the Tribunal included the Superannuation Complaints Tribunal or AFCA (as the case may be).
Rules 33.35–33.39 left blank

Division 33.4—Appeals from the National Native Title Tribunal

33.40  Appeals under section 169 of the Native Title Act 1993
  Division 33.2 applies to an appeal under section 169 of the Native Title Act 1993 from a decision or determination of the National Native Title Tribunal.

Part 34—Other proceedings

Division 34.1—Fair Work proceedings

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