Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_231
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 231
Character Range: 720924–722937

231  Orders by Commission for abuse of system

 (1) If the Commission is satisfied that an organisation, or any official of an organisation, has abused the rights conferred by this Part, then the Commission may make whatever orders it considers appropriate to restrict the rights of the organisation, or officials of the organisation, under this Part.

 (2) The Commission may make the orders:
 (a) on its own initiative; or
 (b) on application by a workplace inspector.

 (3) The orders may include:
 (a) an order that revokes or suspends some or all of the permits that have been issued in respect of the organisation; and
 (b) an order that imposes limiting conditions on some or all of the permits that have been issued in respect of the organisation or that might in future be issued in respect of the organisation; and
 (c) an order that bans, for a specified period, the issue of permits in respect of the organisation, either generally or to specified persons.
For the purposes of this subsection, limiting condition means a condition that limits the circumstances in which a permit has effect.

 (4) An organisation, or an official of an organisation, who is subject to an order under this section must comply with the order.

 (5) Subsection (4) is a civil remedy provision.

Note: See Division 8 for enforcement.

 (6) The powers of the Commission under this section are exercisable by:
 (a) the President; or
 (b) a Presidential Member assigned by the President for the purposes of the matter concerned; or
 (c) a Full Bench, if the President so directs.

 (7) Without limiting subsection (1), a permit holder abuses rights conferred by this Part if, in exercising rights under Division 6, the permit holder engages in recruitment conduct that is unduly disruptive, either because the permit holder's exercise of powers of entry is excessive in the circumstances or for some other reason.

 (8) In this section:

recruitment conduct means encouraging employees to become members of an organisation.