Document ID: chunk:federal_register_of_legislation:C2016C01029:section:5:p1
Version: federal_register_of_legislation:C2016C01029
Segment Type: section
Provision Reference: s 5 (pt 1/3)
Character Range: 11290–14022

5  Orders by Minister in relation to Federation
 (1) Where the Commission makes a declaration under section 4, the Minister may, if the Minister is of the opinion that it is desirable to do so having regard to the public interest in securing the prevention and settlement by conciliation and arbitration of industrial disputes extending beyond the limits of any one State or in maintaining peace, order and good government in a Territory:
 (a) by order in writing, direct the Registrar to cancel the registration of the Federation under the Conciliation and Arbitration Act; or
 (b) by order in writing, terminate, or suspend to the extent specified in the order, any of the rights, privileges or capacities of the Federation or of all or any of its members, as such members, under the Conciliation and Arbitration Act or under the rules of the Federation (other than rules relating to the industry in or in connection with which the Federation is registered under the Conciliation and Arbitration Act or rules relating to the conditions of eligibility for membership of the Federation).
 (2) Where the Minister makes an order under paragraph (1)(b) in relation to the Federation, the Minister may make such further order or orders in writing as is or are necessary to give effect to the first‑mentioned order.
 (3) Where the Minister makes an order or orders under paragraph (1)(b), or under that paragraph and under subsection (2):
 (a) the Registrar shall forthwith consider whether any alterations need to be made to the rules of the Federation (other than rules relating to the industry in or in connection with which the Federation is registered under the Conciliation and Arbitration Act or rules relating to the conditions of eligibility for membership of the Federation) for the purpose of giving effect to the order or orders; and
 (b) if the Registrar determines that any such alterations need to be made, the Registrar shall certify in writing the alterations so determined and, upon the Registrar so certifying:
 (i) those rules shall be deemed to be altered accordingly; and
 (ii) no further alterations to those rules may be made if the making of those alterations would be inconsistent with the order or orders made by the Minister.
 (4) Except for the purposes of the application of the provisions of paragraph (1)(b) or of subsection (2) or (3) in or in relation to a Territory, a reference in those provisions to the Federation shall be construed as a reference to the organization registered under the Conciliation and Arbitration Act by the name 'The Australian Building Construction Employees' and Builders Labourers' Federation' or, if the name of that organization is changed, that organization under the new