Division 2 Cancellation of registration

225   Institution of proceedings for cancellation of registration

(1)  An industrial organisation or, with the leave of the Commission, a person who has a sufficient interest in the matter may apply to the Commission for the cancellation of the registration of an industrial organisation.

(2)  The Commission may institute proceedings under this Division on its own initiative.

(3)  An industrial organisation may apply for the cancellation of its own registration.

(4)  An industrial organisation must be given an opportunity to be heard by the Commission in any proceedings against the organisation under this Division.

226   Grounds on which registration may be cancelled

The registration of an industrial organisation may be cancelled on any one or more of the following grounds:

(a)  that the organisation, or a substantial number of its members, has or have contravened the industrial relations legislation, any industrial instrument, or any order of the Commission,

(b)  that the industrial organisation, or a substantial number of its members, has or have engaged in any industrial action that has had, is having or is likely to have, a substantial adverse effect on the safety, health or welfare of the community or a part of the community,

(c)  that the organisation or a substantial number of its members, has or have engaged in any industrial action that has had or is having a major and substantial adverse effect on the provision of any public service by the State or an authority of the State contrary to the public interest and without reasonable excuse,

(d)  that the industrial organisation was registered by mistake,

(e)  that the industrial organisation is no longer effectively representative of the members who are employees or employers, as the case requires,

(f)  that the organisation has applied for the cancellation of its own registration,

(g)  that the organisation is defunct,

(h)  in the case of a federal organisation—that the rules of the organisation (and any parent body) no longer confer on the organisation a reasonable degree of autonomy in the administration and control of New South Wales assets and in the determination of questions affecting solely or principally members resident in New South Wales.

227   Cancellation of registration of industrial organisation

(1)  The Commission may cancel the registration of an industrial organisation if the Commission considers that a ground for cancellation has been established.

(2)  However, the Commission is not to cancel the registration of an industrial organisation on a ground referred to in section 226 (a)–(c) unless the Commission considers that it is appropriate to cancel the registration in the circumstances because of the gravity of the case.

228   Consequences of cancellation

(1)  On cancellation of registration of an industrial organisation, the organisation ceases to be an industrial organisation for the purposes of this Act.

(2)  The cancellation of registration does not relieve the industrial organisation or any of its members from any penalty or liability incurred by the industrial organisation or its members before the cancellation.

(3)  The cancellation of registration of a State organisation also has the following consequences:

(a)  the organisation ceases to be a body corporate under this Act, but does not thereby cease to be an unincorporated organisation,

(b)  the Commission may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation,

(c)  the property of the incorporated organisation is, subject to any such order, the property of the unincorporated organisation and is required to be held and applied for the purposes of the organisation under the rules of the organisation so far as they can still be carried out or observed.

229   Alteration of rules (instead of cancellation of registration) of organisation

If:

(a)  the Commission finds that a ground of cancellation has been established, and

(b)  that finding is made, wholly or mainly, because of the conduct of a particular class or group of members of the industrial organisation,

the Commission may, if it considers it just to do so, instead of cancelling the registration of the industrial organisation, make a demarcation order under Part 6 so as to exclude from eligibility for membership of the industrial organisation persons belonging to the class or group.

230   Suspension or other orders where cancellation of registration deferred

(1)  The Commission may, instead of making an order cancelling registration, or altering rules, of an industrial organisation, make one or more of the following orders:

(a)  an order suspending, to the extent specified in the order, all or any of the rights, privileges or capacities of the industrial organisation, or of all or any of its members as such, under this or any other Act or under industrial instruments or orders made under this or any other Act,

(b)  an order giving directions as to the exercise of any rights, privileges or capacities that have been suspended,

(c)  an order restricting the use of the funds or property of the industrial organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.

(2)  Having made such an order, the Commission must defer the determination of the question whether to cancel the registration of the industrial organisation concerned until:

(a)  any order made under this section ceases to be in force, or

(b)  on application by a party to the proceeding, the Commission considers that it is just to determine the question, having regard to any evidence given relating to the observance or non-observance of any order and to any other relevant circumstance,

      whichever happens first.

(3)  An order made under this section has effect despite anything in the rules of the industrial organisation concerned.

(4)  An order made under this section:

(a)  may be revoked by the Commission, by order, on application by a party to the proceeding concerned, and

(b)  unless sooner revoked, ceases to be in force:

(i)  6 months after it came into force, or

(ii)  at the expiration of such longer period after it came into force as is ordered by the Commission on application by a party to the proceeding made while the order remains in force.

(5)  A person who contravenes an order made under subsection (1) (b) or (c) is guilty of an offence.

Maximum penalty: 50 penalty units.

231   Commission may make necessary ancillary or consequential orders

(1)  The Commission may make such orders as are necessary to give effect to, or in consequence of, an order made under this Division.

(2)  In particular, the Commission may, if it cancels the registration of an industrial organisation, direct that an application by that organisation to be registered as an industrial organisation is not to be dealt with under this Act before the end of a specified period.

232   Cancellation or other order to be recorded

The Industrial Registrar must record a cancellation or other order made under this Division, and the date it takes effect, in the register kept under this Part.