Document ID: chunk:federal_register_of_legislation:C2004C01296:clause:1_26
Version: federal_register_of_legislation:C2004C01296
Segment Type: clause
Provision Reference: sch 1 cl 26
Character Range: 24269–26137

26  New rule requirements

(1) This item applies only to the extent that it concerns alterations of rules of an organisation required to bring them into conformity with the RAO Schedule where:
 (a) the organisation is taken to be registered under the RAO Schedule because of subitem 15(1); and
 (b) the requirements (the new rule requirements) are provided for in the RAO Schedule but not in the WR Act (as in force immediately before commencement).

(2) The Industrial Registrar must not exercise the power conferred by subsection 156(1) of the RAO Schedule in relation to the new rule requirements until the end of the interim period.

Note: This means that the Industrial Registrar cannot alter an organisation's rules to bring them into conformity with the RAO Schedule if the requirement for the particular rule is imposed by the RAO Schedule only and did not exist under the WR Act (as in force immediately before commencement).

(3) For the purposes of this item, the interim period is the period of:
 (a) 6 months immediately after commencement; or
 (b) in relation to an organisation that has been granted an extension by a Registrar—6 months immediately after commencement, extended by the period determined by the Registrar in granting the extension.

(4) If, within 6 months immediately after commencement, an organisation applies to a Registrar for an extension of the interim period beyond the period mentioned in paragraph (3)(a), the Registrar may extend the period in relation to the organisation. The period must not be extended by more than 6 months.

(5) In determining an application for an extension under subitem (4), the Registrar must take into account:
 (a) the ability of the organisation to make the necessary changes to its rules within 6 months immediately after commencement; and
 (b) any other matter the Registrar considers relevant.