Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_90
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 90
Character Range: 134329–135320

90  Orders affecting application of section 88 or 89

 (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:
 (a) the organisation or association concerned; or
 (b) members or creditors of the organisation or association concerned; or
 (c) persons having dealings with the organisation or association concerned;
the Court must, by order, declare accordingly.

 (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.

 (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.