Part 6 Industrial organisations
24 Copies of certificates of registration
The Industrial Registrar may issue to an industrial organisation a
copy of the certificate of registration previously issued to it under section
221 (3) of the Act.
25 Rules to provide for seal of organisation
The rules of a State organisation must provide for a seal of the
organisation to be kept by a member of the committee of management of the
organisation and to be affixed to a document only with the authority of at
least 2 members of that committee.
26 Rules for elections—State and Federal
(1) For the purposes of section 239 (1) (a) of the Act, the membership
of a State branch of a Federal organisation and the membership of a State
organisation registered under Chapter 5 of the Act is substantially similar if
the Industrial Registrar is satisfied that the membership would be
substantially similar but for the fact that persons employed in the Australian
Capital Territory are members of the State branch of the Federal
(2) For the purposes of section 239 (1) (b) of the Act, the rules of a
State branch of a Federal organisation comply substantially with the
requirements relating to election of the holders of offices under the Act if
the Industrial Registrar is satisfied that the rules would comply
substantially with those rules but for the fact that the rules cover persons
employed in the Australian Capital Territory.
27 Rules for elections—exemptions by Industrial
An opportunity by an industrial organisation to be heard for the
purposes of section 240 (6) and (7) of the Act is to be given by notifying the
organisation of the Industrial Registrar’s intention to take the
relevant action and by allowing the organisation at least 14 days after the
notice is given in which to show cause why the action should not be
28 Regulation of industrial organisations (other than State
In accordance with section 291 of the Act, the provisions of
section 280 of the Act (Organisations to notify particulars of loans, grants
and donations) apply to industrial organisations that are not State
29 Deemed registration of Newcastle Trades Hall
(1) In accordance with section 217 (3) of the Act, the Newcastle
Trades Hall Council is taken to be registered as an industrial organisation of
employees under Chapter 5 of the Act.
(2) The provisions of Chapter 5 of the Act do not apply to that
organisation, except for the following provisions (with any necessary
(a) section 221,
(b) section 224,
(c) section 263 (and section 266 in so far as it applies to section
(d) sections 267–271,
(e) sections 278–281.
(3) The Newcastle Trades Hall Council is required to lodge a copy of
its rules with the Industrial Registrar as soon as practicable after any
change to the rules.
29A Emergency Medical Service Protection Association
(1) It is hereby declared under section 217 (3) of the Act that the
Emergency Medical Service Protection Association (NSW), as referred to in the
application for registration of that body as a State organisation of employees
filed in the Industrial Registry on 17 August 2012, is capable of registration
as a State organisation of employees, even if it is not so registrable because
of the operation of section 218 (1) (m) of the Act.
(2) A reference in section 218 (1) (o) of the Act to an application
made by an organisation of employees referred to in Schedule 5 includes a
reference to the application made by the Emergency Medical Service Protection
Association (NSW) for registration of that body as a State organisation of
employees and filed in the Industrial Registry on 17 August
(3) This clause is made for the avoidance of
30 Former non-industrial organisations
(1) The repeal of the 1991 Act does not affect the continuity of any
non-industrial organisation under that Act that is not a registered industrial
organisation under the Industrial Relations
Act 1996 on that repeal.
(2) If any such non-industrial organisation was incorporated under the
1991 Act, the following provisions apply on the repeal of that Act:
(a) the organisation ceases to be a body corporate under that Act, but
does not cease to be an unincorporated organisation,
(b) the property of the incorporated organisation is 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.
31 Other provisions relating to elections
(1) This clause applies until the regulations under the Act otherwise
(2) The provisions of sections 442–451 of the 1991 Act (and the
regulations under those provisions) apply to a State organisation as
regulations made under section 249 of the Act.