Industrial Relations Act 2016

This section applies if the full bench must, apart from this section, make a deregistration order under section 881.

The full bench may defer its decision on making the deregistration order and make an order (a deferral order)—

suspending to a stated extent, the rights, privileges or capacities of the organisation or all or any of its members as members, under—

this Act; or

an order of the commission; or

an award or certified agreement; or

directing how a suspended right, privilege or capacity may be exercised; or

restricting the organisation or its branches in using their funds or property and controlling the funds or property to enforce the restriction.

If a deferral order is made, the full bench must defer its decision on making the deregistration order until—

if a party to the proceedings applies, the court considers it is just to make the decision considering—

evidence given about compliance with the order; and

other relevant circumstances; or

the order ends.

A deferral order has effect despite the rules of the organisation or its branches.