Document ID: chunk:federal_register_of_legislation:C2016C01029:section:4:p2
Version: federal_register_of_legislation:C2016C01029
Segment Type: section
Provision Reference: s 4 (pt 2/2)
Character Range: 9460–11288

Federation or a prescribed person instigated or encouraged that industrial action or that conduct; or
 (b) in a case to which paragraph (a) does not apply—the Federation does not prove that the Federation or a prescribed person took all reasonable steps to prevent that industrial action or that conduct.
 (4) For the purposes of this section, the person or group of persons referred to in any one of the following paragraphs constitutes or constitute a prescribed person:
 (a) the committee of management of the Federation;
 (b) the committee of management of a branch of the Federation;
 (c) an officer, employee or agent of the Federation in the performance of duties as such an officer, employee or agent;
 (d) a member of the Federation in the performance of the function of dealing with an employer on behalf of members of the Federation.
 (5) In the hearing of an application by the Minister under this section, the Commission may have regard to:
 (a) any evidence given or statements made in any other proceedings before the Commission, whether constituted as a Full Bench or otherwise, and any findings made by the Commission in any such proceedings;
 (b) any evidence given or statements made in any proceedings before the Registrar and any findings made by the Registrar in any such proceedings;
 (c) any evidence given in any proceedings before the Federal Court of Australia and any findings made by that Court in any such proceedings; and
 (d) any evidence given in any proceedings of a Royal Commission that was appointed to inquire into the activities of the Federation and any report made by such a Royal Commission.
 (6) Where an application is made by the Minister under this section, the Commission shall hear and determine the application as quickly as is appropriate having regard to all the circumstances.