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Fair Work (Registered Organisations) Regulations 2009
36Cancellation of registration of defunct organisation (s 30(1)(c))
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#### 36 Cancellation of registration of defunct organisation (s 30(1)(c))
(1) For paragraph 30(1)(c) of the Act, the FWC must, with a view to satisfying itself that an organisation is defunct, comply with the following subregulations.
(2) The FWC must make appropriate inquiries by letters sent by post to:
(a) the organisation at its office; and
(b) the members of the committee of management of the organisation as last known to the FWC at their postal addresses as last known to the FWC.
(3) If, after inquiries made under subregulation (2), the FWC fails to satisfy itself whether the organisation is defunct, the FWC must publish in the Gazette a notice stating that:
(a) subject to consideration of any objections lodged in accordance with the notice, the registration of the organisation will, at the end of one month after the date of publication of the notice, be cancelled on the ground that the organisation is defunct; and
(b) a person who wishes to show cause why the registration of the organisation should not be cancelled on that ground may, within one month after the date of publication of the notice, lodge with the FWC a notice of objection.
(4) A notice of objection must:
(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and
(b) be lodged with the FWC; and
(c) comply with the requirements of regulation 14.
(5) If a person has lodged a notice of objection under paragraph (3)(b), the FWC must give the person an opportunity to appear before it and to be heard in support of the objection.