New South Wales Consolidated Acts

ESSENTIAL SERVICES ACT 1988 - SECT 17

17 Suspension and cancellation of registration of industrial organisation

(1) At any time while a proclamation under section 8 or an order under section 10 is in force in relation to an essential service, the Minister may certify to the Governor that an industrial organisation whose members are engaged in providing the essential service has, by its executive, members or otherwise, engaged in activities which are contrary to the public interest.

(2) The Minister shall not so certify until after--

(a) the Minister has consulted with the President of the Industrial Relations Commission as to the state of any industrial action involving the industrial organisation of which either of them is aware, and

(b) the Minister is satisfied that any order of the Commission made in relation to any such industrial action has not been complied with.

(3) Where the Minister so certifies, the Governor may declare that this section applies to and in respect of the industrial organisation.

(4) On such a declaration being made concerning an industrial organisation--

(a) the registration of the industrial organisation under the Industrial Relations Act 1996 is, by operation of this section, suspended, and

(b) the registration of the industrial organisation under that Act shall, by operation of this section, be cancelled 7 days after the making of the declaration unless the Minister certifies to the Governor within the 7-day period that the industrial organisation has ceased to engage in activities which are contrary to the public interest.

(5) A certification of the Minister under subsection (1) or (4) and a declaration of the Governor shall be published in the Gazette as soon as practicable after it is given or made.

(6) Despite any provision of the Industrial Relations Act 1996 , if the registration under that Act of an industrial organisation is cancelled by operation of this section, the Industrial Registrar must refuse any application made within 3 years after the cancellation for registration of an industrial organisation under that Act which, in the opinion of the Industrial Registrar, is (because of its membership, executive or otherwise) the same, or substantially the same, as the industrial organisation.

(7) Sections 228, 231 and 232 of the Industrial Relations Act 1996 apply to a cancellation of registration under this Act.