New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 247

247 Rules contravening the requirements for rules under this Part

(1) A member of a State organisation may apply to the Commission for an order under this section in relation to the organisation.

(2) An order under this section may declare that the whole or a part of a rule of a State organisation contravenes section 235 (General requirements for rules) or that the rules of a State organisation contravene that section in a particular respect.

(3) If an order under this section declares that the whole or a part of a rule contravenes section 235 or that the rules contravene that section in a particular respect, the rule or that part of the rule or the rules in that particular respect, as the case may be, is or are taken to be void from the date of the order.

(4) If--

(a) the Commission makes an order as mentioned in subsection (2) in relation to the rules of a State organisation, and

(b) at the expiration of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the Industrial Registrar, brings them into conformity with section 235 in relation to the matters that gave rise to the order,

the Industrial Registrar must, after giving the organisation at least 14 days to be heard on the matter, determine, by instrument in writing, such alterations of the rules as will, in the Industrial Registrar's opinion, bring them into conformity with that section in relation to those matters.

(5) The Industrial Registrar may, on the application of the organisation made within the period of 3 months referred to in subsection (4) or within any extension of the period, extend, or further extend, the period.

(6) Alterations determined under subsection (4) take effect on the date of the instrument.

(7) At any time after a proceeding under this section has been instituted, the Commission may make such interim orders as it considers appropriate in relation to any matter raised in the proceedings.

(8) An order under subsection (7) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.