CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 NO. 89, 1974 CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 NO. 89, 1974 - TABLE OF PROVISIONS 1. Short title. 2. Commencement. 3. Parts. 4. Registration of organizations. 5. 6. Incorporation of organization. 7. 8. Alteration of name or rules of organizations. 9. Requirements as to rules. 10. Direction for performance of rules. 11. 12. Application for cancellation of registration. 13. Organizations may sue and be sued. 14. Protection to organizations. 15. 16. CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 1 Short title. CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 An Act to amend the Law relating to Conciliation and Arbitration. BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:- Short title and citation. 1. (1) This Act may be cited as the Conciliation and Arbitration (Organizations) Act 1974.* (2) The Conciliation and Arbitration Act 1904-1973* or, if that Act was amended by an Act or Acts coming into operation before the date on which this Act comes into operation, that first-mentioned Act, as so amended, is in this Act referred to as the Principal Act. (3) The Principal Act, as amended by this Act, may be cited as the Conciliation and Arbitration Act 1904-1974. CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 2 Commencement. 2. This Act shall come into operation on the day on which it receives the Royal Assent.* CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 3 Parts. 3. Section 3 of the Principal Act is repealed. CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 4 Registration of organizations. 4. Section 132 of the Principal Act is amended- (a) by omitting paragraph (a) of sub-section (1) and substituting the following paragraphs:- "(a) Any association the members of which include employers in or in connexion with any industry who have, in the aggregate, throughout the 6 months next preceding the application for registration, employed on an average taken per month not less than 100 employees in that industry and the other members, if any, of which are- (i) officers of the association; (ii) persons, other than employees, who carry on a business in or in connexion with that industry; or (iii) persons who, when admitted to membership, were employers in or in connexion with that industry, and who have not resigned and whose membership has not been terminated, but does not include an association that has members referred to in sub-paragraph (ii) or (iii) unless the association is effectively representative of the members who are employers in or in connexion with that industry; "(aa) Any employer who has, throughout the 6 months next preceding the application for registration, employed on an average taken per month not less than 100 employees in that industry;"; (b) by inserting in sub-paragraph (ii) of paragraph (b) of sub- section (1), after the word "industry", the words "otherwise than as employers"; (c) by inserting in sub-paragraph (ii) of paragraph (c) of sub- section (1), after the word "employees", the words "or employers"; and (d) by inserting after sub-section (2) the following sub-section:- "(2A) A rule of an association or organization dealing with matters so prescribed or dealing with matters required by this Act to be complied with as conditions for registration may be mandatory or directory.". CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 5 5. (1) After section 133 of the Principal Act the following section is inserted:- Rules to provide for certain funds. "133A. (1) In addition to the other conditions referred to in this Act, the conditions to be complied with by associations divided into branches applying for registration as organizations and by organizations divided into branches shall include a condition that the rules of the association or organization shall provide- (a) that there shall be a fund (in this section referred to as the Federal Fund) which shall be managed and controlled in accordance with rules relating to the association or organization as a whole; and (b) that each branch shall have a fund (in this section referred to as a Branch Fund) of the particular branch which shall be managed and controlled in accordance with rules of that branch, and shall make provision in relation to those Funds in accordance with sub-sections (2) and (3), as if references in those sub-sections to an organization included references to an association applying for registration as an organization. "(2) The Federal Fund shall consist of- (a) any real or personal property of which the committee of management of the organization, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of any limited term lease, bailment or arrangement, would have, the right of custody, control or management; (b) in the case of an organization the rules of which provide for the payment of capitation fees by a branch to the organization-fees so paid; (c) in the case of an organization the rules of which provide for the payment of the whole or part of any entrance fees, subscriptions, fines, fees or levies by a branch to the organization-the amounts of such payments; (d) any interest, rents, dividends or other income derived from the investment or use of the Fund; (e) any superannuation or long service leave or other fund operated or controlled in accordance with rules relating to the organization as a whole for the benefit of its officers or employees; (f) any sick pay fund, accident pay fund, funeral fund, tool benefit fund or like fund operated in accordance with rules relating to the organization as a whole for the benefit of its members; (g) any property acquired wholly or mainly by expenditure of the moneys of the Fund or derived from other assets of the Fund; and (h) the proceeds of any disposal of parts of the Fund. "(3) A Branch Fund shall consist of- (a) any real or personal property of which the branch of the organization, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of any limited term lease, bailment or arrangement, would have, the right of custody, control or management; (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of those amounts as is payable by the branch to the organization; (c) any interest, rents or dividends derived from the investment of the Fund; (d) any superannuation or long service leave fund operated or controlled by the branch for the benefit of its officers or employees; (e) any sick pay fund, accident pay fund, funeral fund, tool benefit fund or like fund operated or controlled by the branch for the benefit of its members; (f) any property acquired wholly or mainly by expenditure of the moneys of the Fund or derived from other assets of the Fund; and (g) the proceeds of any disposal of parts of the Fund. "(4) Rules relating to a Branch Fund shall not be altered except with the consent of the branch concerned. "(5) The Registrar may grant to an association or organization exemption from this section or any provision of this section on the ground that its rules make adequate and reasonable provision for its funds, including branch funds, having regard to its functioning under this Act and its participation in any State system of industrial conciliation and arbitration.". (2) An association which was registered as an organization on the date of commencement of this Act is allowed a period of 12 months after that date, or such longer period as the Industrial Registrar determines, within which to bring its rules into conformity with the requirements of section 133A of the Principal Act as amended by this Act. CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 6 Incorporation of organization. 6. Section 136 of the Principal Act is amended by omitting the words "for the purposes of this Act". CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 7 7. After section 136 of the Principal Act the following section is inserted:- Participation of organizations in State systems. "136A. (1) Where it is not contrary to the rules of an organization to do so, it may participate in the systems of conciliation and arbitration or of wages boards or like systems established under the law of a State, and for that purpose a branch of an organization may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of a State. "(2) Where an organization so participates, its rules may provide that the Secretary of the branch of the organization in the State shall be the person to sue or to be sued under the law of the State in respect of any acts or omissions arising from that participation.". CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 8 Alteration of name or rules of organizations. 8. Section 139 of the Principal Act is amended by adding at the end thereof the following sub-sections:- "(5) The Registrar shall, in addition to any other relevant matters, have regard to the question whether there is, in relation to an applicant organization, an associated body, as defined in Part VIIIB, registered under a State Act and whether the reason the change is sought is to enable the organization, in addition to representing members under this Act, to represent under a State Act the class of persons who would, if the change were consented to, become eligible for membership. "(6) In the case of an alteration to a rule which may effect a change in the persons eligible to be members of a branch of the organization that is registered under the law of a State, the Registrar shall, before consenting or certifying, as the case may be, give notice of the proposed change to the Industrial Registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with that Industrial Registrar or officer.". CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 9 Requirements as to rules. 9. (1) Section 140 of the Principal Act is amended- (a) by omitting from paragraph (b) of sub-section (1) the word "and"; and (b) by adding at the end of sub-section (1) the following word and paragraph:- "; and (d) shall be such as to provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in any State industrial conciliation and arbitration system.". (2) An association which was registered as an organization on the date of commencement of this Act is allowed a period of 12 months after that date, or such longer period as the Industrial Registrar determines, within which to bring its rules into conformity with the requirements of section 140 of the Principal Act as amended by this Act. CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 10 Direction for performance of rules. 10. Section 141 of the Principal Act is amended by adding at the end thereof the following sub-section:- "(10) In this section, 'election' includes a purported election that is a nullity.". CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 11 11. After section 142 of the Principal Act the following section is inserted:- Exclusive representation. "142A. The Commission may, on the application of an organization, an employer or the Minister, make an order providing that an organization of employees shall have the right to represent, in respect of all or some industrial interests under this Act, a class or group of employees who are eligible for membership of the organization, either generally or subject to such limitations as it may specify, to the exclusion of another organization or organizations and may make such orders as it thinks necessary in consequence of such an order.". CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 12 Application for cancellation of registration. 12. Section 143 of the Principal Act is amended by inserting after paragraph (aa) of sub-section (1) the following paragraph:- "(ab) the organization, being an organization of employers the members of which include persons referred to in sub-paragraph (ii) or (iii) of paragraph (a) of sub-section (1) of section 132, has ceased to be effectively representative of the members who are employers in or in connexion with the industry concerned;". CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 13 Organizations may sue and be sued. 13. Section 146 of the Principal Act is amended by omitting the words "Any organization may sue or be sued for the purposes of this Act in its registered or other name" and substituting the words "Subject to sub-section (2) of section 136A, an organization may sue or be sued in its registered name". CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 14 Protection to organizations. 14. Section 147 of the Principal Act is amended by adding at the end thereof the following sub-section:- "(2) The jurisdiction of the Court under sections 140, 141 and 144 and Part IX is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.". CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 15 15. After Part VIIIA of the Principal Act the following Part is inserted:- "PART VIIIB-ORGANIZATIONS AND ASSOCIATED BODIES Definitions. "158V. In this Part, unless the contrary intention appears- 'amalgamation' means the carrying out of arrangements in relation to an organization and an associated body under which it is intended that- (a) a branch of the organization is to obtain non-corporate registration under a State Act; (b) the associated body is to be deregistered under a State Act; (c) members of the associated body who are not already members of the organization are to become such members; (d) the property of the associated body is to become the property of the organization forming part of the Branch Fund of the branch; and (e) the liabilities of the associated body are to be satisfied from the Branch Fund of the branch; 'associated body', in relation to an organization, means an industrial union or association registered under a State Act which is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organization in the same State, including such an industrial union or association which has purported to function as a branch of the organization; 'State Act' means any of the following Acts as amended from time to time:- (a) The Industrial Conciliation and Arbitration Acts, 1961 to 1964 of Queensland; (b) the Industrial Arbitration Act, 1940 of New South Wales; (c) the Industrial Conciliation and Arbitration Act, 1972 of South Australia; (d) the Industrial Arbitration Act, 1912-1968 of Western Australia. Amalgamation of organizations and associated bodies. "158W. An organization and an associated body may amalgamate in the manner set out in this Part. Procedure. "158X. (1) The committee of management of the associated body and the committee of management of the organization shall each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation. "(2) Application shall be made to the Registrar by the organization for approval of the amalgamation. "(3) The application may include an application for a consent or certificate of the Registrar in accordance with section 139 in respect of any changes in the rules of the organization that are required for the purposes of the amalgamation, and any such application shall be dealt with as part of the application for approval of the amalgamation but otherwise in accordance with section 139. "(4) The Registrar shall determine what notice is to be given to other persons of the application and whether, upon whom and how it should be served and whether it should be advertised in any newspaper and shall fix a time for the lodging of objections. "(5) Objection may be made to the amalgamation, so far as it involves an alteration to- (a) the description of the industry in connexion with which the organization is registered; or (b) the conditions of eligibility for membership of the organization, by an organization, a member of the associated body or a registered industrial union or association in the State in which the associated body functions, on the ground that there is another organization to which the members of the associated body whose eligibility for membership would depend on the alteration might conveniently belong. "(6) Objection may be made to the amalgamation by a member of the organization or of the associated body on the ground that- (a) the provisions of this section have not been complied with; or (b) the amalgamation would do substantial injustice to the members of the organization or of the associated body. "(7) If any objections are duly lodged or if the Registrar otherwise deems it advisable to do so he shall fix a date and place of hearing and shall determine to whom and in what manner notice of the date and place of the hearing shall be given. "(8) The Registrar shall determine the application and, if he approves the amalgamation, fix a date as the date on which the amalgamation is to take effect. "(9) On the date on which the amalgamation is to take effect, the Registrar shall give any necessary consent or certificate in accordance with section 139 and make any necessary record in accordance with sub-section (3) of that section. "(10) The Registrar may, where the amalgamation involves an alteration to the rules of an organization in so far as they relate to conditions of eligibility for membership or the description of the industry in connexion with which the organization is registered, as a condition of approving the amalgamation, require the applicant organization to consent to an order under section 142A as to such employees or classes or groups of employees, and subject to such limitations, as he thinks fit. "(11) The Registrar shall not approve an amalgamation unless he is satisfied as to arrangements made concerning any property and any liabilities of the associated body. "(12) On the date on which the amalgamation takes effect all members of the associated body who are not already members of the organization but are or become eligible for membership of the organization shall become members of the organization and shall be deemed to have been members for the period ending on that date during which they were members of the associated body.". CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - SECT 16 16. After Part IX of the Principal Act the following Part is inserted:- "PART IXA-VALIDATING PROVISIONS FOR ORGANIZATIONS Definitions. "171A. In this Part, unless the contrary intention appears- 'collective body' means- (a) in relation to an organization-the committee of management or any conference, council, committee, panel or other body of or within the organization; and (b) in relation to a branch of an organization-the committee of management or any conference, council, committee, panel or other body of or within the branch; 'invalidity' includes nullity and includes any invalidity or nullity resulting from any omission, defect, error, irregularity or absence of quorum or caused by the fact that- (a) the members or one or more members of a collective body of an organization or branch of an organization, or the persons or one or more of the persons purporting to act as the members of such a collective body, or a person holding or purporting to hold an office or position in an organization or branch- (i) have or has not been elected or appointed or duly elected or appointed; (ii) have or has purported to be elected or appointed by an election or appointment that was a nullity; (iii) were not or was not entitled to be elected or appointed; (iv) were or was elected or appointed or purported to be elected or appointed where one or more or all of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so; (v) were or was not a member of the organization; or (vi) were or was elected or appointed or purported to be elected or appointed where one or more or all of the persons who took part in the election or appointment or the purported election or appointment was or were not members of the organization; or (b) persons took part in the making or purported making or the alteration or purported alteration of the rules of an organization or branch, as officers or voters or otherwise, who were not entitled to do so or were not members of the organization, and 'invalid' has a corresponding meaning. Validation of certain acts. "171B. (1) Subject to this section and to section 171G, all acts done in good faith by- (a) a collective body of an organization or branch of an organization or by persons purporting to act as such a collective body; or (b) a person holding or purporting to hold an office or position in an organization or branch, shall be valid notwithstanding any invalidity that may afterwards be discovered in- (c) the election or appointment of the collective body or any member thereof or of the persons or any of the persons purporting to act as the collective body; (d) the election or appointment of the person holding or purporting to hold the office or position; or (e) the making or the alteration of a rule of the organization or branch. "(2) For the purposes of this section- (a) a person shall not be treated as purporting to act as a member of a collective body of an organization or as the holder of an office or position in an organization unless he has, in good faith, purported to be, and has been treated by officers or members of the organization as being, such a member or the holder of the office or position; and (b) a person shall not be treated as purporting to act as a member of a collective body of a branch of an organization or as the holder of an office or position in the branch unless he has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position. "(3) For the purposes of this section- (a) an act is to be treated as done in good faith until the contrary is proved; (b) a person who has purported to be a member of a collective body of an organization or branch is to be treated as having done so in good faith until the contrary is proved; (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; (d) an invalidity in- (i) the election or appointment of a collective body of a branch of an organization or any member of such a collective body; (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; (iii) the election or appointment of a person holding or purporting to hold an office or position in a branch; or (iv) the making or the alteration of a rule of a branch, shall not be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as that committee of management; and (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies shall not be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organization or to a majority of the persons purporting to act as that committee of management. "(4) This section applies- (a) to an act whenever done, including an act done before the date of commencement of this section; and (b) in relation to an organization which is an association-to an act done in or in connexion with the association before the date on which it was registered as an organization. "(5) Nothing in this section affects the operation of Part IX. "(6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty upon, a member of an organization which would not have been valid if this section had not been enacted. Court may make orders in respect of consequences of invalidity. "171C. (1) An organization, a member of an organization or any person having a sufficient interest in respect of an organization may apply to the Court for a determination of the question whether an invalidity has occurred in the management or administration of the organization or of a branch of the organization or in an election or appointment in, or the making or alteration of the rules of, the organization or a branch of the organization and the Court has jurisdiction to hear and determine the application and to make such declaration as it thinks proper. "(2) Where, in proceedings under sub-section (1), the Court finds that an invalidity of the kind referred to in that sub-section has occurred, the Court- (a) may make such order as it thinks fit to rectify or cause to be rectified the invalidity, or to negative, modify or cause to be modified the consequences in law of the invalidity, or to validate any act, matter or thing rendered invalid by or as a result of the invalidity; (b) shall, before making such order, satisfy itself that such an order would not do substantial injustice to the organization or to any member or creditor of the organization or to any person having dealings with the organization; (c) where any such order is made, may give such ancillary or consequential directions as it thinks fit; and (d) may determine what notice, summons or rule to show cause is to be given to other persons of the intention to make such an order, and whether and how it should be given or served and whether it should be advertised in any newspaper. "(3) This section applies- (a) to an invalidity whenever occurring, including an invalidity occurring before the date of commencement of this section; and (b) in relation to an organization which is an association-to an invalidity occurring in or in connexion with the association before the date on which it was registered as an organization. Court may order reconstitution of branch, &c. "171D. (1) An organization, a member of an organization or any person having a sufficient interest in respect of an organization may apply to the Court for a declaration that- (a) a part of the organization, including- (i) a branch or part of a branch of the organization; or (ii) a collective body of the organization or of a branch of the organization, has ceased to exist or to function effectively and there are no effective means under the rules of the organization or branch by which it can be reconstituted or enabled to function effectively; or (b) an office or position in the organization or in a branch of the organization is vacant and there are no effective means under the rules of the organization or branch to fill the office or position, and the Court has jurisdiction to hear and determine the application and to make a declaration accordingly. "(2) Where the Court makes a declaration under sub-section (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organization or of a branch of the organization or by an officer or officers of the organization or of a branch of the organization for the reconstitution of the branch or part of the branch, or of the collective body, or to enable it to function effectively, or for the filling of the office or position. "(3) Before making an order under this section the Court shall satisfy itself that the order would not do substantial injustice to the organization or to any member of the organization. "(4) Where any such order is made, the Court may give such ancillary or consequential directions as it thinks fit. "(5) An order or direction of the Court under this section, and any action taken in accordance with such an order or direction, has effect notwithstanding anything in the rules of the organization or of a branch of the organization. "(6) The Court may determine what notice, summons or rule to show cause is to be given to other persons of the intention to make an application under this section or of the intention to make an order under this section, and whether and how it should be given or served and whether it should be advertised in any newspaper. Application for membership of organization by person treated as having been a member. "171E. (1) Where a person, not being a member of the organization or a person who has been expelled from the organization but being a person who is eligible for membership, applies to be admitted as a member of an organization and has, up to a time within 1 month before the application, acted in good faith as, and been treated by the organization as, a member, he is entitled to be admitted to membership and treated by the organization and its members as though he had been a member during the whole of the time when he acted as and was treated by the organization as a member and during the whole of the time from the time of his application to the time of his admission. "(2) Where a question or dispute arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though he had been a member during the time referred to in sub-section (1), that person, a person who is or desires to become the employer of that person or the organization may apply to the Court for a declaration as to the entitlement of that first-mentioned person under this section. "(3) Subject to sub-section (5), the Court has jurisdiction to hear and determine an application under sub-section (2) and may, notwithstanding anything contained in the rules of the organization concerned, make such orders (including mandatory injunctions) to give effect to its determination as it thinks fit. "(4) The orders which the Court may make under sub-section (3) include an order requiring the organization concerned to treat a person to whom sub-section (1) applies as being a member of the organization and as having been a member during the time referred to in that sub- section. "(5) Where an application is made to the Court under this section- (a) if the application is made otherwise than by the person whose entitlement is in question-that person shall be given an opportunity of being heard by the Court; and (b) if the application is made otherwise than by the organization concerned-the organization shall be given an opportunity of being heard by the Court. Validation of certain acts. "171F. (1) Subject to this section and to section 171G, upon the expiration of 4 years from- (a) the doing of an act- (i) by, or by persons purporting to act as, a collective body of an organization or branch of an organization and purporting to exercise power conferred by or under the rules of the organization or branch; or (ii) by a person holding or purporting to hold an office or position in an organization or branch and purporting to exercise power conferred by or under the rules of the organization or branch; (b) the election or purported election or the appointment or purported appointment of a person to an office or position in an organization or branch; or (c) the making or purported making or the alteration or purported alteration of a rule of an organization or branch, the act, election, purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule shall, for all purposes, be deemed to have been done in compliance with the rules of the organization or branch. "(2) The operation of this section shall not affect the validity or operation of any order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Court or any other court made before the expiration of the 4 years referred to in sub-section (1). "(3) This section extends to an act, election, purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule- (a) done or occurring before the date of commencement of this section; or (b) in relation to an organization which is an association-done or occurring in or in connexion with the association before the date on which it was registered as an organization. Order affecting application of section 171B or 171F. "171G. (1) Where, upon an application for an order under this section, the Court is satisfied that the application of section 171B or section 171F to an act would do substantial injustice having regard to the interests of the organization, members or creditors of the organization or persons having dealings with the organization, the Court shall, by order, declare accordingly and, where such a declaration is made, section 171B or section 171F, as the case may be, does not apply, and shall be deemed not to have applied, in relation to the act referred to in the declaration. "(2) The Court may make an order under sub-section (1) on the application of the organization, a member of the organization or any person having a sufficient interest in respect of the organization. "(3) The Court may determine what notice, summons or rule to show cause is to be given to other persons of the intention to make any such application or of the intention to make such an order, and whether and how it should be given or served and whether it should be advertised in any newspaper. "(4) A reference in this section to an act shall be read as including a reference to an election, purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule.". ------------------------------------------------------------------------------ -- CONCILIATION AND ARBITRATION (ORGANIZATIONS) ACT 1974 No. 89 of 1974 - NOTES NOTES 1. Act No. 89, 1974; assented to 29 October 1974. 2. Act No. 13, 1904, as amended by No. 28, 1909; No. 7, 1910; No. 6, 1911; Nos. 5 and 18, 1914; No. 35, 1915; No. 39, 1918; No. 31, 1920; No. 29, 1921; No. 22, 1926; No. 8, 1927; No. 18, 1928; No. 43, 1930; Nos. 45 and 54, 1934; Nos. 14 and 30, 1946; Nos. 10 and 52, 1947; Nos. 65 and 77, 1948; Nos. 28 and 86, 1949; Nos. 51 and 80, 1950; Nos. 18 and 58, 1951; No. 34, 1952; Nos. 17, 18 and 54, 1955; Nos. 44 and 103, 1956; No. 30, 1958; No. 40, 1959; Nos. 15, 17 and 110, 1960; No. 40, 1961; Nos. 99 and 115, 1964; Nos. 22 and 92, 1965; Nos. 64 and 93, 1966; No. 101, 1967; No. 38, 1968; Nos. 12, 15 and 40, 1969; No. 53, 1970; No. 37, 1972; No. 138, 1973; and No. 216, 1973 (as amended by No. 20, 1974).