5Orders by Minister in relation to Federation

#### 5 Orders by Minister in relation to Federation (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 subsection (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 subsection (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 subsection (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 subsection (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 subsection (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 subsection (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 subsection (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 subsection (9), subsection (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 subsection (2). Penalty: 100 penalty units. (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.