Document ID: chunk:federal_register_of_legislation:F2024L01056:reg:7:p1
Version: federal_register_of_legislation:F2024L01056
Segment Type: reg
Provision Reference: reg 7 (pt 1/2)
Character Range: 17422–20136

7  Offices that are not vacated by this Scheme
 (1) Where a person continues to hold office or employment in the Administered Division or an Administered Divisional Branch, the Administrator may exercise all the powers and functions afforded to the person by the rules of the CFMEU, the FWRO Act, and this Scheme, in respect of that person, including (but not limited to) directing that person—
 (a) to take any leave to which that person is entitled, subject to that direction being made in accordance with the FW Act or any instrument made under the FW Act; and / or
 (b) to perform no, or different, work; and / or
 (c) not to attend the premises, or to access any property, information or system, of the Administered Division or some or all of its Administered Divisional Branches; and / or
 (d) to return any property or information of the Administered Division or some or all of its Administered Divisional Branches; and / or
 (e) not to hold themselves out as acting or speaking for or on behalf of the Administered Division or some or all of its Administered Divisional Branches
  —for such time as the Administrator considers appropriate (but no later than the date upon which the Administrator ceases to act under this Scheme in respect of the Administered Division or, in the case of an office or employment in an Administered Divisional Branch, that Administered Divisional Branch).
 (2) The term of any unvacated office that ends during the period of Administration may be extended, for a period of time set by the Administrator.
 (3) An election may not be held in respect of any office that is not vacated by virtue of subclause 3(1)(a) without the written authorisation of the Administrator.
 (4) For the avoidance of doubt, any exercise of power or function by the Administrator, as provided for under the FWRO Act or this Scheme, will prevail to the extent of any inconsistency with the National Rules, the Divisional Rules or actions taken by a person who continues to hold office or employment in the Administered Division or an Administered Divisional Branch.
 (5) For the avoidance of doubt, and whilst the Administration continues in respect of the Administered Division or any Administered Divisional Branch, and notwithstanding any provisions of the National Rules or the Divisional Rules, the Administrator may appoint any person deemed suitable to them as a proxy to represent them at any meeting of the National Conference, National Executive, National Executive Committee or National Collegiate of the CFMEU, any State Conference constituted under rule 46 of the National Rules, any State Executive constituted under rule 47 of the National Rules, and any other decision-making body of