Document ID: chunk:federal_register_of_legislation:C2004C07091:section:16
Version: federal_register_of_legislation:C2004C07091
Segment Type: section
Provision Reference: s 16
Character Range: 15405–16677

16  Application to Commission for declaration in relation to Federation

 (1) The Minister may apply to the Commission for a declaration under this section.
 (2) Upon such an application, if the Commission is satisfied that the conduct of the Federation (whether in respect of its continued breach or non-observance of any award or of an order by the Authority in force under the Stevedoring Industry Act 1956-1965 or its continued failure to ensure that its members comply with and observe such an award or order or in any other respect), or the conduct of a substantial number of the members of the Federation (whether in respect of their continued breach or non-observance of such an award or order or in any other respect), has:
 (a) prevented or hindered the achievement of an object of the Conciliation and Arbitration Act 1904-1965; or
 (b) prevented, hindered or interfered with the carriage of goods or the conveyance of passengers:
 (i) in the course of trade or commerce with other countries or among the States;
 (ii) in the course of trade or commerce between a State and a Territory; or
 (iii) in a Territory, the Commission shall make a declaration to that effect.
 (3) If the Commission is not so satisfied, the Commission shall not make the declaration.