INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 254 Interpretation

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 254

254. In this Division, unless the contrary intention appears:

"collective body" means:

   (a)  in relation to an organisation - the committee of management or a
        conference, council, committee, panel or other body of or within the
        organisation; and

   (b)  in relation to a branch of an organisation - the committee of
        management or a conference, council, committee, panel or other body of
        or within the branch;

"invalidity" includes nullity and, without limiting the generality of the
foregoing, includes any invalidity or nullity resulting from an omission,
defect, error, irregularity or absence of a quorum or caused by the fact that:

   (a)  a member, or each of 2 or more of the members, of a collective body of
        an organisation or branch of an organisation, or one of the persons,
        or each of 2 or more of the persons, purporting to act as the members
        of such a collective body, or a person, or each of 2 or more persons,
        holding or purporting to hold an office or position in an organisation
        or branch:

        (i)    has not been elected or appointed or duly elected or appointed;

        (ii)   has purported to be elected or appointed by an election or
               appointment that was a nullity;

        (iii)  was not entitled to be elected or appointed or to hold office;

        (iv)   was not a member of the organisation; or

        (v)    was elected or appointed or purported to be elected or
               appointed, in a case where one or more 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 or was or were
               not members of the organisation; or

   (b)  persons who were not entitled to do so, or were not members of the
        organisation, took part in the making or purported making or the
        alteration or purported alteration of the rules of an organisation or
        branch, as officers or voters or otherwise.