Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_322
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 322
Character Range: 395843–397961

322  Federal Court may make orders in relation to consequences of invalidity

 (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:
 (a) the management or administration of the organisation or a branch of the organisation; or
 (b) an election or appointment in the organisation or a branch of the organisation; or
 (c) the making or alteration of the rules of the organisation or a branch of the organisation.

 (2) On an application under subsection (1), the Court may make any declaration it considers proper.

 (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:
 (a) to rectify the invalidity or cause it to be rectified; or
 (b) to negative, modify or cause to be modified the consequences in law of the invalidity; or
 (c) to validate any act, matter or thing rendered invalid by or because of the invalidity.

 (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.

 (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:
 (a) the organisation; or
 (b) any member or creditor of the organisation; or
 (c) any person having dealings with the organisation.

 (6) The Court may determine:
 (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and
 (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.

 (7) This section applies:
 (a) to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section); and
 (b) to an invalidity occurring in relation to an association before it became an organisation.