Commonwealth Numbered Acts

BUILDING INDUSTRY ACT 1985 No. 92 of 1985 - SECT 5

5. (1) Where the Commission makes a declaration under section 4, the Minister
may, if the Minister is of the opinion that it is desirable to do so having
regard to the public interest in securing the prevention and settlement by
conciliation and arbitration of industrial disputes extending beyond the
limits of any one State or in maintaining peace, order and good government in
a Territory-

   (a)  by order in writing, direct the Registrar to cancel the registration
        of the Federation under the Conciliation and Arbitration Act; or

   (b)  by order in writing, terminate, or suspend to the extent specified in
        the order, any of the rights, privileges or capacities of the
        Federation or of all or any of its members, as such members, under the
        Conciliation and Arbitration Act or under the rules of the Federation
        (other than rules relating to the industry in or in connection with
        which the Federation is registered under the Conciliation and
        Arbitration Act or rules relating to the conditions of eligibility for
        membership of the Federation).

(2) Where the Minister makes an order under paragraph (1) (b) in relation to
the Federation, the Minister may make such further order or orders in writing
as is or are necessary to give effect to the first-mentioned order.

(3) Where the Minister makes an order or orders under paragraph (1) (b), or
under that paragraph and under sub-section (2)-

   (a)  the Registrar shall forthwith consider whether any alterations need to
        be made to the rules of the Federation (other than rules relating to
        the industry in or in connection with which the Federation is
        registered under the Conciliation and Arbitration Act or rules
        relating to the conditions of eligibility for membership of the
        Federation) for the purpose of giving effect to the order or orders;
        and

   (b)  if the Registrar determines that any such alterations need to be made,
        the Registrar shall certify in writing the alterations so determined
        and, upon the Registrar so certifying-

        (i)    those rules shall be deemed to be altered accordingly; and

        (ii)   no further alterations to those rules may be made if the making
               of those alterations would be inconsistent with the order or
               orders made by the Minister.

(4) Except for the purposes of the application of the provisions of paragraph
(1) (b) or of sub-section (2) or (3) in or in relation to a Territory, a
reference in those provisions to the Federation shall be construed as a
reference to the organization registered under the Conciliation and
Arbitration Act by the name "The Australian Building Construction Employees'
and Builders' Labourers Federation" or, if the name of that organization is
changed, that organization under the new name.

(5) The making of an order or orders by the Minister in relation to the
Federation under paragraph (1) (b) does not prevent the Minister from making
an order in relation to the Federation under paragraph (1) (a).

(6) Where the Minister, by order under sub-section (1), directs the Registrar
to cancel the registration of the Federation under the Conciliation and
Arbitration Act, the Minister may, by that order or by a later order in
writing, specify a condition or conditions with which the Federation is
required to comply before it may be registered under section 132 of the
Conciliation and Arbitration Act.

(7) Notwithstanding anything in section 132 of the Conciliation and
Arbitration Act, where the registration of the Federation is cancelled in
accordance with a direction given by the Minister under sub-section (1), the
Federation is not entitled to be registered under section 132 of the
Conciliation and Arbitration Act unless-

   (a)  if the Minister has, in accordance with sub-section (6), specified a
        condition or conditions in relation to the Federation-the Minister
        declares, by order in writing, that that condition has, or those
        conditions have, been complied with; or

   (b)  in a case to which paragraph (a) does not apply-the Minister declares,
        by order in writing, that the Federation may apply to be registered
        under section 132 of the Conciliation and Arbitration Act.

(8) Where a declaration has been made under paragraph (7) (a) or (b), the
Minister may also, by order in writing, declare that, for the purpose of any
application by the Federation to be registered under section 132 of the
Conciliation and Arbitration Act, a provision or provisions of the
Conciliation and Arbitration Act, or of regulations in force under that Act,
specified in the order does not or do not apply to or in relation to the
Federation.

(9) Where-

   (a)  the registration of the Federation is cancelled in accordance with a
        direction given by the Minister under sub-section (1);

   (b)  after the cancellation, the Federation becomes registered as an
        organization under section 132 of the Conciliation and Arbitration
        Act;

   (c)  the Minister has, in accordance with sub-section (6), specified a
        condition or conditions in relation to the Federation; and

   (d)  on application by the Minister, the Commission is satisfied that the
        Federation has ceased to comply with that condition or any one or more
        of those conditions, the Commission shall make a declaration that it
        is so satisfied and cause the declaration to be recorded in writing.

(10) Where a declaration is made by the Commission under sub-section (9),
sub-section (1) has effect in like manner as it has effect in relation to a
declaration made by the Commission under section 4.

(11) A person shall not contravene or fail to comply with an order made by the
Minister under paragraph (1) (b) or sub-section (2).
Penalty: $10,000.

(12) The Federal Court of Australia may, upon application by the Minister,
grant such injunctions as it thinks necessary for the purpose of ensuring
compliance with this section.