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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 217

Application for leave to hold office in organisations by office holder

  (1)   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.

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

  (a)   grant the person leave to hold office in organisations; or

  (b)   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:

  (i)   the day on which the person was convicted of the prescribed offence;

  (ii)   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;

  (iii)   if the person serves a term of imprisonment for the offence--the day on which the person is released from prison.

  (c)   refuse the person leave to hold office in organisations.

  (3)   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.

  (4)   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.



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