Document ID: chunk:federal_register_of_legislation:C2024C00345:section:29
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 29
Character Range: 93154–95529

29  Orders where cancellation of registration deferred
 (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.
 (2) The powers that may be exercised by the Court, by order, under subsection (1) are as follows:
 (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;
 (b) the power to give directions as to the exercise of any rights, privileges or capacities that have been suspended;
 (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.
 (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:
 (a) the orders made in the exercise of the power cease to be in force; or
 (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;
whichever is earlier.
 (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.
 (5) An order made in the exercise of a power set out in subsection (2):
 (a) may be revoked by the Court, by order, on application by a party to the proceeding concerned; and
 (b) unless sooner revoked, ceases to be in force:
 (i) 6 months after it came into force; or
 (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.