Document ID: chunk:federal_register_of_legislation:C2024C00345:section:30:p1
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 30 (pt 1/2)
Character Range: 95529–98278

30  Cancellation of registration on technical grounds etc.
 (1) The FWC may cancel the registration of an organisation:
 (a) on application by the organisation made under the regulations; or
 (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:
 (i) was registered by mistake; or
 (ii) is no longer effectively representative of the members who are employers or employees, as the case requires; or
 (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or
 (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or
 (c) on the FWC's own motion, if:
 (i) the FWC has satisfied itself, as prescribed, that the organisation is defunct; or
 (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or
 (iii) the organisation is an enterprise association and has fewer than 20 members who are employees; or
 (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or
 (v) the organisation is not, or is no longer, a federally registrable association.
 (2) Before the FWC cancels the registration of an organisation under:
 (a) paragraph (1)(b) on application by a person interested or by the Minister; or
 (b) paragraph (1)(c);
the FWC must give the organisation an opportunity to be heard.
 (3) The FWC may also cancel the registration of an organisation if:
 (a) the FWC is satisfied that the organisation has breached an undertaking referred to in subsection 19(2); and
 (b) the FWC does not consider it appropriate to amend the eligibility rules of the organisation under section 157.
 (4) A cancellation under subsection (3) may be made:
 (a) on application by an organisation or person interested; or
 (b) on application by the Minister; or
 (c) on FWC's own motion.
 (5) For the purposes of subparagraph (1)(b)(iv), the enterprise to which an organisation relates has ceased to exist if:
 (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or
 (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.
 (6) Subparagraph (1)(b)(iv)