Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:17_2
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 17 cl 2
Character Range: 1190249–1192128

2  Application for transitional registration

 (1) A State‑registered association may apply to a Registrar for transitional registration under this Schedule if:
 (b) immediately before the commencement of this Schedule, it had at least one member who was:
 (i) an employee whose employment was subject to a State award, a State employment agreement or a State or Territory industrial law; or
 (ii) an employer in relation to such an employee; and
 (c) immediately before the commencement of this Schedule, it was entitled to represent the industrial interests of the member in relation to work that was subject to the State award, the State employment agreement or the State or Territory industrial law; and
 (d) on the reform commencement, the employee will become bound by, or the employment of the employee will become subject to, a preserved State agreement or a notional agreement preserving State awards if he or she continues in that employment; and
 (e) it is not also an organisation, or a branch of an organisation.

 (2) The application must be accompanied by:
 (a) evidence to establish the fact that the association satisfies subclause (1); and
 (b) a copy of the current rules of the association; and
 (c) a statement setting out:
 (i) the address of the association; and
 (ii) each office in the association; and
 (iii) the name and address of each person holding office in the association.

 (3) If a Registrar is satisfied that the association satisfies subclause (1), the Registrar must, by written instrument, grant the application and record the fact that he or she is so satisfied.

 (4) An instrument under subclause (3) is not a legislative instrument.

 (5) The Registrar must give a copy of the instrument to the association.

 (6) A State‑registered association is taken to be registered under this Schedule when the Registrar grants the application.