Industrial Relations Act 1996

This clause applies in relation to an alteration of the rules of the CFMEU (NSW) or the CFMEU, C & G Division made under an administration scheme.

The administrator must, within 35 days after the alteration is made, or a longer period determined by the Industrial Registrar, lodge with the Commission a notice setting out particulars of the alteration.

The notice must contain a declaration, signed by the administrator, that—

the alteration was made in accordance with the administration scheme, and

the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.

If particulars of the alteration are lodged with the Commission, the Industrial Registrar may, with the administrator’s consent, amend the alteration for the purpose of correcting a typographical, clerical or formal error.

The alteration does not take effect unless—

particulars of the alteration have been lodged with the Commission as required by subclauses (2) and (3), and

the Industrial Registrar has certified that, in the Industrial Registrar’s opinion, the alteration—

complies with, and is not contrary to, this Act, awards and enterprise agreements, and

is not otherwise contrary to law, and

has been made in accordance with the scheme.

If certified under subclause (5), the alteration takes effect on the day of certification.