Document ID: chunk:federal_register_of_legislation:C2024C00345:clause:1_5:p3
Version: federal_register_of_legislation:C2024C00345
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 3/3)
Character Range: 659344–660822

fact in proceedings under section 496, 508, 509 or 807 of the Workplace Relations Act 1996 commenced on or after the reform commencement is admissible as prima facie evidence of that fact in an application made on a ground specified in paragraph (1)(d).
 (4A) A finding of fact in proceedings under section 23 of this Act is admissible as prima facie evidence of that fact in an application made on a ground specified in paragraph (1)(e).
 (4B) A finding of fact in proceedings:
 (a) under Division 4 of Part 3‑3 or Part 4‑1 of the Fair Work Act; or
 (b) under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act;
is admissible as prima facie evidence of that fact in an application made on a ground specified in paragraph (1)(f).

Cancellation by the FWC
 (5) The FWC may cancel the recognition under this Schedule of a transitionally recognised 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 FWC has satisfied itself, as prescribed, that the association:
 (i) was recognised by mistake; or
 (ii) is no longer a State‑registered association.

Cancellation by General Manager
 (6) The General Manager may, by written instrument, cancel the recognition under this Schedule of a transitionally recognised association if he or she is satisfied that the association no longer exists.
 (7) An instrument under subclause (6) is not a legislative instrument.