Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_204
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 204
Character Range: 284194–286106

204  Interim orders

 (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:
 (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;
 (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;
 (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;
 (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;
 (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;
 (f) an order incidental or supplementary to an order under this subsection;
 (g) an order varying or discharging an order under this subsection.

 (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.

 (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:
 (a) the proceeding concerned in the Court in relation to the election; and
 (b) all matters ordered by the Court (otherwise than under this section) in the proceeding.