Document ID: chunk:federal_register_of_legislation:C2013C00428:clause:1_39
Version: federal_register_of_legislation:C2013C00428
Segment Type: clause
Provision Reference: sch 1 cl 39
Character Range: 19455–21307

39  Transitional—alteration of rules (exemption from section 148C)
(1) An organisation may lodge with the FWC an application (an early application) under this item, for the purposes of section 148D of the Fair Work (Registered Organisations) Act 2009 as inserted by Part 2 of this Schedule, at any time during the period:
 (a) beginning on the commencement of this Part; and
 (b) ending immediately before section 148D commences.
(2) An organisation may make an early application if it considers that, from the time section 148D commences, special circumstances will exist in relation to the organisation that mean that a rule that complies with section 148C of the Fair Work (Registered Organisations) Act 2009 as inserted by Part 2 of this Schedule will be too onerous.
(3) An early application must be accompanied by the statement, particulars and evidence referred to in subsection 148D(2).
(4) If, in relation to an early application, the General Manager is satisfied of the matters referred to in subsection 148D(3) (as if Part 2 of this Schedule had already commenced), the General Manager may grant to the organisation an exemption from section 148C, that takes effect from the later of:
 (a) the time the General Manager grants the exemption; and
 (b) the time Part 2 of this Schedule commences.
(5) An exemption granted in respect of an early application is, from the time the exemption takes effect, taken to be an exemption granted under section 148D.
(6) To avoid doubt, subsection 604(1) of the Fair Work Act 2009 does not apply in relation to a decision of the General Manager under this item.
(7) This item applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.

Part 1A—Amendments commencing on 1 July 2013

Fair Work (Registered Organisations) Act 2009