Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_128
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 128
Character Range: 179313–180646

128  Orders affecting application of section 126 or 127

 (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:
 (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or
 (b) members or creditors of the amalgamated organisation or the constituent part; or
 (c) persons having dealings with the amalgamated organisation or the constituent part; or
 (d) the newly registered organisation; or
 (e) members or creditors of the newly registered organisation; or
 (f) persons having dealings with the newly registered organisation;
the Court must, by order, declare accordingly.

 (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.

 (3) The Court may make an order under subsection (1) on the application of:
 (a) the amalgamated organisation; or
 (b) the constituent part; or
 (c) the newly registered organisation; or
 (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).