New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 338

338 Withdrawal or cancellation of registration

(1) The Industrial Registrar may issue a certificate of withdrawal of registration with respect to an association of contract drivers or an association of contract carriers if satisfied that:

(a) an application for such a certificate has been made in the manner prescribed by the regulations, and

(b) written notice of the intention to apply for such a certificate has been given within the period and in the manner prescribed by the regulations, and

(c) such other conditions as may be prescribed by the regulations have been complied with.

(2) The Commission in Court Session may order cancellation of the registration of an association of contract drivers or an association of contract carriers:

(a) if the Commission is satisfied that the group or organisation comprising the association has ceased to exist, or

(b) for any other reason that seems appropriate to the Commission.

(3) If, in relation to an association of contract drivers or an association of contract carriers:

(a) a certificate of withdrawal of registration has been issued under subsection (1) and the period of 28 days immediately following the issue of the certificate has expired, or

(b) an order has been made under subsection (2),

the Industrial Registrar is to cancel the registration of the association by removing from the relevant register the name of the association.

(4) If the registration of an association is cancelled, the Commission may cancel:

(a) any contract determination in force with respect to members of the association, or

(b) any contract agreement so in force.

(5) The cancellation under this section of the registration of an association or of a determination or agreement does not operate to relieve the association or any of its members from any obligations incurred, before the cancellation, under the contract determination or contract agreement or under an order of the Commission.