Commonwealth Numbered Acts

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INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 229

Application for leave to hold office in organisations by prospective candidate for office
229. (1) A person who:

   (a)  wants to be a candidate for election, or to be appointed, to an office
        in an organisation; and

   (b)  has been, within the immediately preceding period of 5 years,
        convicted of a prescribed offence or released from prison after
        serving a term of imprisonment in relation to a conviction for a
        prescribed offence; may, subject to subsection (4), apply to the Court
        for leave to hold office in organisations.

(2) Where a person makes an application under subsection (1), the Court may:

   (a)  grant the person leave to hold office in organisations;

   (b)  refuse the person leave to hold office in organisations and specify,
        for the purposes of subsection 228 (1), a period of less than 5 years;
        or

   (c)  refuse a person leave to hold office in organisations.

(3) A person who:

   (a)  holds an office in an organisation;

   (b)  is convicted of a prescribed offence; and

   (c)  on an application made under subsection (1) in relation to the
        conviction for the prescribed offence, is, under paragraph (2) (b) or
        (c), refused leave to hold office in organisations; ceases to hold the
        office in the organisation.

(4) A person is not entitled to make an application under this section in
relation to the person's conviction for a prescribed offence if the person has
previously made an application under this section or under section 230 in
relation to the conviction. 


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