Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_28:p2
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 28 (pt 2/2)
Character Range: 50713–52780

relation to which an application is made under subsection (1) 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 Schedule 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 order.

 (7) A finding of fact by the Court in proceedings under section 127 or Part VIIIA of the Workplace Relations Act is admissible as prima facie evidence of that fact in an application made on a ground specified in paragraph (1)(d) or (e), as the case requires.