New South Wales Consolidated Acts

INDUSTRIAL ARBITRATION (SPECIAL PROVISIONS) ACT 1984 - SECT 3

3 Cancellation of certain registration

(1) Where the Minister certifies to the Governor that the union has, by its executive, members or otherwise, engaged in activities which are contrary to the public interest, the Governor may declare that subsection (2) applies to and in respect of the union.

(2) Upon a declaration being made by the Governor as referred to in subsection (1), the registration of the union under the Principal Act shall, by the operation of this Act, be cancelled and the union shall, for all purposes, accordingly cease to be registered under that Act as an industrial union.

Declaration date under subsection (1): 2.1.1985. See Gazette No 9 of 11.1.1985, p 129.

(3) A declaration made by the Governor as referred to in subsection (1) shall be published in the Gazette as soon as practicable after it is made.

(4) After the cancellation of the registration of the union under the Principal Act, the Industrial Registrar must refuse any application for registration of an industrial organisation under the Industrial Relations Act 1996 which, in the opinion of the Industrial Registrar, is (by reason of its membership, executive or otherwise) the same, or substantially the same, as the union.

(5) A certificate given, or declaration made, under this Act shall not be challenged, appealed against, quashed or called into question by any court.

(6) No proceedings, whether for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, shall lie in respect of:

(a) a certificate given, or declaration made, under this Act, or

(b) any decision, proceeding, step or other matter involved in the giving or making of any such certificate or declaration.

(7) The cancellation of the registration of the union pursuant to this Act shall not relieve the union or any member thereof from the obligation of any award or industrial agreement, or order of the commission, or a conciliation commissioner, or a committee, or from any penalty or liability incurred prior to the cancellation.