Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_167
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 167
Character Range: 236669–239233

167  Federal Court may declare on person's entitlement to membership

Who may apply to Federal Court

 (1) Where a question arises as to the entitlement under section 166 of a person:
 (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or
 (b) to remain a member of an organisation;
application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:
 (c) the person;
 (d) the organisation concerned.

Court may make orders relating to its declaration

 (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.

 (3) The orders which the Court may make under subsection (2) include:
 (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and
 (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.

Effect of orders

 (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.

 (5) Where:
 (a) an order is made as mentioned in paragraph (3)(b); and
 (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;
the person is taken to have been a member of the organisation during the period specified in the order.

Court to give certain people opportunity to be heard

 (6) Where an application is made to the Court under this section:
 (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and
 (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.