NSWIn ForceAct
Essential Services Act 1988
23Appeals against amendment of rules
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#### 23 Appeals against amendment of rules
23 Appeals against amendment of rules
> > (1) An industrial organisation affected by an order under section 18 may apply to the Full Bench of the Industrial Relations Commission in Court Session for leave to appeal to the Full Bench of the Industrial Relations Commission in Court Session against the order.
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> > (2) The Full Bench of the Industrial Relations Commission in Court Session shall not grant leave to appeal unless it is satisfied that the persons whose membership of the industrial organisation has been terminated by the order did not, at the time at which the Minister’s certificate was given under section 17 (1), engage in activities which were contrary to the public interest.
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> > (3) On an appeal made pursuant to leave granted under this section, the Full Bench of the Industrial Relations Commission in Court Session shall not revoke the order unless it is satisfied that it is in the public interest to do so.
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> > (4) Section 20 applies in relation to an order made by the Full Bench of the Industrial Relations Commission in Court Session on an appeal under this section in the same way as it applies in relation to an order under section 18.
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> **s 23:** Am 1991 No 34, Sch 3; 1992 No 34, Sch 2; 1996 No 17, Sch 5; 2016 No 48, Sch 2.17 \[4\]; 2023 No 41, Sch 2.16\[3\].