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 organisations
(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 organisation.(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 Registrar
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 taken.
28 Regulation of industrial organisations (other than State organisations)
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 organisations.
29 Deemed registration of Newcastle Trades Hall Council
(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 modifications):(a) section 221,(b) section 224,(c) section 263 (and section 266 in so far as it applies to section 263),(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 (NSW)
(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 2012.(3) This clause is made for the avoidance of doubt.
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 provide.(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.