Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_30:p1
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 30 (pt 1/2)
Character Range: 55200–58021

30  Cancellation of registration on technical grounds etc.

 (1) The Commission may cancel the registration of an organisation:
 (a) on application by the organisation made under the regulations; or
 (b) on application by an organisation or person interested or by the Minister, if the Commission has satisfied itself, as prescribed, that the organisation:
 (i) was registered by mistake; or
 (ii) is no longer effectively representative of the members who are employers or employees, as the case requires; or
 (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or
 (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or
 (c) on the Commission's own motion, if:
 (i) the Commission has satisfied itself, as prescribed, that the organisation is defunct; or
 (ii) the organisation is an organisation of employees and has fewer than 50 members who are employees.

 (2) Before the Commission cancels the registration of an organisation under:
 (a) paragraph (1)(b) on application by a person interested or by the Minister; or
 (b) paragraph (1)(c);
the Commission must give the organisation an opportunity to be heard.

 (3) The Commission may also cancel the registration of an organisation if:
 (a) the Commission is satisfied that the organisation has breached an undertaking referred to in subsection 19(2); and
 (b) the Commission does not consider it appropriate to amend the eligibility rules of the organisation under section 157.

 (4) A cancellation under subsection (3) may be made:
 (a) on application by an organisation or person interested; or
 (b) on application by the Minister; or
 (c) on the Commission's own motion.

 (5) For the purposes of subparagraph (1)(b)(iv), the enterprise to which an organisation relates has ceased to exist if:
 (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or
 (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.

 (6) Subparagraph (1)(b)(iv) does not apply if:
 (a) some or all of the business of the enterprise in question is now conducted by another enterprise; and
 (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and
 (c) the Commission is satisfied that the organisation still meets the requirements of subsection 20(1).
The Commission must give the organisation a reasonable