Document ID: chunk:federal_register_of_legislation:C2024C00345:section:323ma
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 323MA
Character Range: 531273–533217

323MA  Application of this Division
 (1) A person is a removed person if:
 (a) any of the following events has happened as a result of a scheme determined under subsection 323B(1):
 (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person's role as an officer otherwise comes to an end;
 (ii) the person's employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;
 (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person's role as a workplace delegate otherwise comes to an end; and
 (b) if the event involves suspension—the suspension has not ended.
 (2) A person is also a removed person if:
 (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person's own choice:
 (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or
 (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or
 (iii) ceases to be a workplace delegate for members of the Construction and General Division or any of its branches; and
 (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).
 (3) This Division does not limit the operation of Part 4 of Chapter 7 (disqualification from office).