Document ID: chunk:federal_register_of_legislation:C2024C00345:section:28:p2
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 28 (pt 2/3)
Character Range: 90099–92774

injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or
 (v) an order made under section 23 (which deals with contraventions of the employee associations provisions); or
 (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).
 (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.
Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.
 (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.
 (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 organisation in relation to the matters;
the Court must, subject to subsection (4) and section 29, cancel the registration of the organisation.
 (4) If:
 (a) the Court finds that a ground for cancellation set out in the application has been established; and
 (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;
the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:
 (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or
 (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.
 (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.
 (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the