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WORKPLACE RELATIONS ACT 1996 - SECT 762 Limitation on rights--conscientious objection certificates

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 762

Limitation on rights--conscientious objection certificates

             (1)  This Division does not authorise entry to premises, or subsequent conduct on the premises, if all of the following conditions are satisfied:

                     (a)  no more than 20 employees are employed to work at the premises;

                     (b)  all the employees at the premises are employed by an employer who is the holder of a conscientious objection certificate in force under section 180 of the Registration and Accountability of Organisations Schedule, that has been endorsed by a Registrar under subsection (2) of this section, or under section 285C of the repealed Part IX;

                     (c)  none of the employees employed at the premises is a member of an organisation.

             (2)  A Registrar may, on the application of an employer, endorse a certificate issued to that employer under section 180 of the Registration and Accountability of Organisations Schedule if the Registrar is satisfied that the employer is a practising member of a religious society or order whose doctrines or beliefs preclude membership of an organisation or body other than the religious society or order of which the employer is a member.

             (3)  An application under subsection (2) may be made at the time of an application under section 180 of the Registration and Accountability of Organisations Schedule or at any later time.

             (4)  The endorsement of a Registrar under subsection (2) remains in force for the period that the certificate remains in force.

Note:          A certificate issued under section 180 of the Registration and Accountability of Organisations Schedule remains in force for the period (not exceeding 12 months) specified in the certificate, but may be renewed. A Registrar's endorsement under subsection (2) does not remain in force when a certificate is renewed, but a new application for endorsement may be made.