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FAIR WORK ACT 1994 - SECT 135

FAIR WORK ACT 1994 - SECT 135

135—De-registration

        (1)         SAET may de-register an organisation or branch registered under this Division if—

            (a)         the organisation or branch applies for de-registration; or

            (b)         the organisation or branch contravenes or fails to comply with a provision of this Act or its rules about the way its affairs are to be conducted; or

            (c)         the organisation or branch wilfully contravenes or fails to comply with a determination of SAET; or

            (d)         the organisation or branch is being administered in a way that is oppressive or unfair to members resident in this State; or

            (e)         the organisation abolishes its South Australian branch or its rules cease to confer on the South Australian branch a reasonable degree of autonomy in the administration and control of South Australian assets or in the determination of questions affecting solely or principally the members resident in this State; or

            (f)         there is some other substantial reason for de-registering the organisation or branch.

        (2)         An application for de-registration of an organisation or branch may be made by—

            (a)         the organisation or branch itself; or

            (b)         a member or former member of the organisation or branch; or

            (c)         the Minister; or

            (d)         the Registrar.

        (3)         SAET may, on making an order for de-registration of an organisation or branch, suspend the order and direct that, if a stated requirement is complied with to SAET's satisfaction within a stated period, the order will lapse but otherwise will take effect at the end of the stated period.

        (4)         If an organisation registered under this Division ceases to be an organisation registered under the Commonwealth (Registered Organisations) Act, its registration under this Division automatically terminates.

        (5)         If a branch of an organisation is registered under this Division, and the organisation ceases to be an organisation registered under the Commonwealth (Registered Organisations) Act, registration of the branch under this Division automatically terminates.