Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_18d
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 18D
Character Range: 852485–854991

18D  Constitutional validity

Associations of employers

 (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if a particular class of employers mentioned in paragraphs 18A(2)(a) to (d) were included when working out whether the majority of its members are federal system employers, subsection 18A(2) applies as if it did not include a reference to that class of employers.

 (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:
 (a) federal system employers;
 (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;
 (c) officers of the association;
then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.

Associations of employees

 (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if a particular class of person mentioned in paragraphs 18B(2)(a) to (e) were included when working out whether the majority of its members are federal system employees, subsection 18B(2) applies as if it did not include a reference to that class of employees.

 (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:
 (a) federal system employees;
 (b) persons specified in subsection 18B(4);
 (c) officers of the association;
then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.

Enterprise associations

 (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:
 (a) federal system employees performing work in the relevant enterprise;
 (b) persons specified in subsection 18C(4);
 (c) officers of the association;
then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.