Fair Work (Registered Organisations) Act 2009

Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.

Where a person makes an application under subsection (1) for leave to hold office in organisations, the Court may:

grant the person leave to hold office in organisations; or

refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:

the day on which the person was convicted of the prescribed offence;

if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;

if the person serves a term of imprisonment for the offence—the day on which the person is released from prison.

refuse the person leave to hold office in organisations.

A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.

A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.