Document ID: chunk:federal_register_of_legislation:C2013C00428:clause:1_38
Version: federal_register_of_legislation:C2013C00428
Segment Type: clause
Provision Reference: sch 1 cl 38
Character Range: 17995–19455

38  Transitional—alteration of rules (general)
(1) Subsection 159(1) of the Fair Work (Registered Organisations) Act 2009 applies, during the transition period, in relation to the lodgement during that period of particulars of an eligible alteration of the rules of an organisation as if Part 2 of this Schedule had commenced at the same time as this item.
(2) Subsection 159(3) of the Fair Work (Registered Organisations) Act 2009 applies, during the transition period, in relation to the certification during that period of an eligible alteration of the rules of an organisation as if all the words after "subsection (1)" were omitted and the following was substituted:
  takes effect on the later of:
 (a) the day of certification; and
 (b) the day Part 2 of Schedule 1 to the Fair Work (Registered Organisations) Amendment Act 2012 commences.
(3) In this item:
eligible alteration: an alteration of the rules of an organisation is an eligible alteration if the only purpose of the alteration is to comply with the following provisions of the Fair Work (Registered Organisations) Act 2009, as in force immediately after the commencement of Part 2 of this Schedule:
 (a) paragraph 141(1)(ca);
 (b) Division 3A of Part 2 of Chapter 5;
 (c) Subdivision BB of Division 4 of Part 2 of Chapter 5.
transition period means the period:
 (a) beginning on the commencement of this Part; and
 (b) ending immediately before the commencement of Part 2 of this Schedule.