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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 310

Who may apply for an order

Application other than for order relating to directions contravention

  (1)   The following may apply for an order under this Part, other than an order relating to a directions contravention:

  (a)   the General Manager;

  (b)   a person authorised in writing by the General Manager to make the application.

Note:   For the meaning of directions contravention , see section   6.

  (1A)   In addition to the persons mentioned in subsection   (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection   323B(1), in their capacity as the administrator:

  (a)   a contravention of a civil penalty provision in Part   2A of Chapter   11;

  (b)   a contravention of section   285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches .

Note:   This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section   308), as long as the orders relate to the specified kinds of contraventions.

Application for order relating to directions contravention

  (2)   The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.

Application by organisation

  (3)   An organisation may apply for a compensation order.

  (4)   An organisation may intervene in an application for a pecuniary penalty order or an order under section   308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.



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