Document ID: chunk:federal_register_of_legislation:C2024C00345:section:323:p1
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 323 (pt 1/2)
Character Range: 509929–512522

323  Federal Court may order reconstitution of branch etc.
 (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 declaration that:
 (a) a part of the organisation, including:
 (i) a branch or part of a branch of the organisation; or
 (ii) a collective body of the organisation or a branch of the organisation;
  has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or
 (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;
and the Court may make a declaration accordingly.
 (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:
 (a) for the reconstitution of the branch, the part of the branch or the collective body; or
 (b) to enable the branch, the part of the branch or the collective body to function effectively; or
 (c) for the filling of the office or position.
 (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.
 (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.
 (5) 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.
 (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.
 (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.

Part 2A—Administration of the Construction and General Division of the CFMEU and its branches

Division 1—Scheme