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COMMONWEALTHAct
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s 51

Orders in relation to rules

In force
Part IISavings and transitional provisions
Division 5Operation of particular provisions of previous Act and Industrial Relations Act

51 Orders in relation to rules

(1)

An application for an order under subsection 140(2) of the previous Act that had not been finally dealt with before the commencement shall, after the commencement, be dealt with, in spite of Division 2 of this Part, under the provisions of section 140 of the previous Act as modified by subsection (3).

(2)

Where:

(a)

before the commencement the Court had made a declaration under section 140 of the previous Act; and

(b)

at the commencement, the period of 3 months referred to in paragraph 140(7)(b) of that Act, or that period as extended under subsection 140(9) of that Act, had not expired;

section 140 of that Act as modified by subsection (3) applies in relation to that declaration.

(3)

Section 140 of the previous Act has effect for the purposes of subsections (1) and (2) of this section as if:

(a)

the reference in paragraph 140(7)(b) of the previous Act to the former Industrial Registrar were a reference to the Industrial Registrar; and

(b)

subsection 140(8) of the previous Act were omitted.

(4)

An alteration of the rules of an organisation determined under section 140 of the previous Act as it has effect under this section takes effect on the date of the instrument by which the alteration is determined.

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