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s 876J

Functions and powers of administrator

In force
Chapter 12Industrial organisations and associated entities
Part 15AAdministration of C&G division of CFMEUQ
Division 3Functions and powers of administrator

876J Functions and powers of administrator

(1)

While the C&G division is under administration, the administrator—

(a)

has conduct and management of the affairs of the C&G division; and

(b)

has control of, and may manage, the property of the C&G division; and

(c)

may dispose of property of the C&G division; and

(d)

may perform any function, or exercise any power, the C&G division could perform or exercise if it were not under administration.

(2)

To remove any doubt, it is declared that in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the C&G division.

(3)

The administrator also has the functions of—

(a)

promoting compliance by the C&G division with the laws, including workplace laws, of the State and the Commonwealth; and

(b)

ensuring officers and employees of the C&G division have complied (including before the commencement), and continue to comply, with their obligations under this chapter; and

(c)

to the extent an officer or employee of the C&G division has not complied with an obligation under this chapter (including before the commencement)—as far as reasonably practicable, ensuring the officer or employee is held accountable for the noncompliance.

(4)

In performing functions and exercising powers as administrator, the administrator must have regard to—

(a)

the purpose of this part; and

(b)

the objectives of the CFMEUQ as stated in the rules of the CFMEUQ as in effect on the commencement and to the extent the rules are lawful.

(5)

A reference in this section to property of the C&G division includes a reference to property of the CFMEUQ that, immediately before the commencement, was solely or predominantly used for the benefit or purposes of the C&G division.

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