Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:17_5:p2
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 17 cl 5 (pt 2/2)
Character Range: 1195437–1197308

relates to conduct or proposed conduct that could be the subject of an injunction under a provision mentioned in subparagraphs (i) to (iii); or
 (v) an order under section 23 of the Registration and Accountability of Organisations Schedule (which deals with contraventions of the employee associations provisions).

 (2) The Court must give the association an opportunity to be heard.

 (3) If the Court:
 (a) finds that a ground for cancellation set out in the application has been established; and
 (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the association in relation to the matters;
the Court must cancel the registration of the association under this Schedule.

 (4) A finding of fact in proceedings under section 111, 114A, 114B or 268 commenced on or after the reform commencement, or section 23 of the Registration and Accountability of Organisations Schedule, is admissible as prima facie evidence of that fact in an application made on a ground specified in paragraph (1)(d).

Cancellation by Commission

 (5) The Commission may cancel the registration under this Schedule of a transitionally registered association:
 (a) on application by the association made under the regulations; or
 (b) on application by a person interested or by the Minister, if the Commission has satisfied itself, as prescribed, that the association:
 (i) was registered by mistake; or
 (ii) is no longer a State‑registered association.

Cancellation by Registrar

 (6) A Registrar may, by written instrument, cancel the registration under this Schedule of a transitionally registered association if he or she is satisfied that the association no longer exists.

 (7) An instrument under subclause (6) is not a legislative instrument.