63Registration of associations

### 63 Registration of associations > *\[Section 63 Substituted by No. 113 of 1986, s. 12 \]* > > > (1)  An association seeking registration under this Part shall lodge in the office of the Registrar – > > > > > > (a) an application stating – > > > > > > > > > > (i) the name of the association; > > > > > > > > > > > (ii) the eligibility for membership of the association; > > > > > > > > > > > (iii) the occupational groups constituting its membership; > > > > > > > > > > > (iv) the number of its members in Tasmania; > > > > > > > > > > > (v) the address of the office of the association; > > > > > > > > > > > (vi) the office bearers of the association; > > > > > > > > > > > (vii) [*\[Section 63 Subsection (1) amended by No. 104 of 2000, s. 23, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS23@Hpa@EN) the awards or registered agreements, or both, which apply to its members; and > > > > > > > > > > > (viii) [*\[Section 63 Subsection (1) amended by No. 104 of 2000, s. 23, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS23@Hpb@EN) the name of the person who is empowered by the association to submit claims to the Commission for an award, and, if applicable, to apply to the Commission for the approval of an industrial agreement or enterprise agreement, and to appear before the Commission; and > > > > > > > (b) a copy of its rules or constitution. > > > (2)  *\[Section 63 Subsection (2) omitted by No. 90 of 1994, s. 26 \]*.  .  .  .  .  .  .  .   > > > (3)  Subject to [subsections (4)](#GS63@Gs4@EN) and [(9)](#GS63@Gs9@EN) the Registrar – > > > > > > (a) shall, if he is satisfied that the following requirements for the registration of an association as an organization have been complied with: > > > > > > > > > > (i) that an application received by him under [subsection (1)](#GS63@Gs1@EN) is made in accordance with that subsection and the rules or constitution of the applicant; > > > > > > > > > > > (ii) that the applicant is an association that complies with [section 62](#GS62@EN) [(1)](#GS62@Gs1@EN) [(a)](#GS62@Gs1@Hpa@EN) or [(b)](#GS63@Gs3@Hpb@EN) , as the case requires; > > > > > > > > > > > (iii) by the rules or constitution of the applicant that it is an association of employers or employees with power to represent the interests of those employers, or those employees, in Tasmania with respect to industrial matters; > > > > > > > > > > > (iv) [*\[Section 63 Subsection (3) amended by No. 104 of 2000, s. 23, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS23@Hpd@EN) [*\[Section 63 Subsection (3) amended by No. 104 of 2000, s. 23, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS23@Hpc@EN) that the awards or registered agreements, or both, stated in its application pursuant to [subsection (1)](#GS63@Gs1@EN) [(a)](#GS63@Gs1@Hpa@EN) [(vii)](#GS63@Gs1@Hpa@Hqvii@EN) apply to members of the applicant or that its membership consists of or includes members who are employers or employees in an industry or occupation in respect of which an award could be made or an industrial agreement or enterprise agreement could be entered into, or who are State employees to whom an award could relate, and that membership is consistent with the rules or constitution of the applicant submitted to the Registrar under [subsection (1)](#GS63@Gs1@EN) [(b)](#GS63@Gs1@Hpb@EN) – > > > > > > > > grant that application and register the applicant as an organization under this Part; or > > > > > > > (b) shall, if he is not so satisfied, refuse to grant that application. > > > (4)  Notwithstanding that the Registrar is satisfied that the requirements specified in [subsection (3)](#GS63@Gs3@EN) [(a)](#GS63@Gs3@Hpa@EN) for the registration of an association as an organization have been complied with, the Registrar shall, unless in all the circumstances he thinks it undesirable so to do, refuse to register the association as an organization if an organization to which the members of the association might conveniently belong already exists. > > > (5)  Where an applicant for registration under this Part is an association registered as an organization under the [Commonwealth Act](/view/html/inforce/2026-04-12/act-1988-999#GS1@EN) , or the State branch of such an association, the applicant shall be deemed to have satisfied the Registrar with regard to the matter referred to in [subsection (3)](#GS63@Gs3@EN) [(a)](#GS63@Gs3@Hpa@EN) [(iii)](#GS63@Gs3@Hpa@Hqiii@EN) . > > > (6)  *\[Section 63 Subsections (6) to (8) omitted by No. 59 of 1992, s. 41 \]*.  .  .  .  .  .  .  .   > > > (7)  .  .  .  .  .  .  .  .   > > > (8)  .  .  .  .  .  .  .  .   > > > (9)  *\[Section 63 Subsection (9) amended by No. 59 of 1992, s. 41 \]*An association shall not be registered as an organization under this Part – > > > > > > (a) if its name is identical with that of an organization so registered or of another association registered as an organization under the [Commonwealth Act](/view/html/inforce/2026-04-12/act-1988-999#GS1@EN) or of a State branch of such an association or if its name so nearly resembles any such name as to be likely to confuse or mislead members of an organization registered under this Part or of an association registered under the [Commonwealth Act](/view/html/inforce/2026-04-12/act-1988-999#GS1@EN) or of a State branch of such an association or the public; or > > > > > > > (b) .  .  .  .  .  .  .  .   > > > (10)  After the Registrar registers an organization under this Part – > > > > > > (a) the Registrar shall forward to the President the application for registration that was lodged with him by the organization and a record of his findings in relation to that application; > > > > > > > (b) the President shall, on receipt of the application and record, refer them to a Commissioner sitting alone for the purpose of his making a determination under [paragraph (c)](#GS63@Gs10@Hpc@EN) ; and > > > > > > > (c) that Commissioner shall determine which awards the organization has an interest in by satisfying himself that – > > > > > > > > > > (i) the membership of the organization consists of or includes members who are employers or employees in the industry or occupation to which the awards stated in its application pursuant to [subsection (1)](#GS63@Gs1@EN) [(a)](#GS63@Gs1@Hpa@EN) [(vii)](#GS63@Gs1@Hpa@Hqvii@EN) relate or who are State employees to whom those awards relate; > > > > > > > > > > > (ii) that membership is consistent with the organization's rules or constitution a copy of which has been lodged with the Registrar pursuant to [subsection (1)](#GS63@Gs1@EN) ; and > > > > > > > > > > > (iii) the organization being granted an interest in an award or awards would not prejudice the orderly conduct of industrial relations in Tasmania. > > > (11)  Before making a determination under [subsection (10)](#GS63@Gs10@EN) [(c)](#GS63@Gs10@Hpc@EN) , a Commissioner shall notify in writing – > > > > > > (a) in the case of a determination of the awards which an employee organization has an interest in, all other employee organizations which have an interest in the awards stated in the application lodged by that employee organization with the Registrar pursuant to [subsection (1)](#GS63@Gs1@EN) [(a)](#GS63@Gs1@Hpa@EN) ; or > > > > > > > (b) in the case of a determination of the awards which an employer organization has an interest in, all other employer organizations which have an interest in the awards stated in the application lodged by that employer organization with the Registrar pursuant to [subsection (1)](#GS63@Gs1@EN) [(a)](#GS63@Gs1@Hpa@EN) – > > > > and shall give them an opportunity to be heard in respect of the determination. > > > (12)  *\[Section 63 Subsection (12) substituted by No. 59 of 1992, s. 41 \]*A Commissioner must, after making a determination under [subsection (10)](#GS63@Gs10@EN) [(c)](#GS63@Gs10@Hpc@EN) , forward a copy of the determination to the Registrar who must serve a written notice giving particulars of the determination on – > > > > > > (a) the organization to which the determination relates; and > > > > > > > (b) any other organization having a registered interest in the award or awards to which the determination relates. > > > (12A)  [*\[Section 63 Subsection (12A) inserted by No. 18 of 1997, s. 33, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS33@EN) After making a determination under [subsection (10)](#GS63@Gs10@EN) [(c)](#GS63@Gs10@Hpc@EN) , the Commissioner must vary the award to which the determination relates to reflect the determination. > > > (13)  Where the Registrar refuses to grant an application under [subsection (1)](#GS63@Gs1@EN) , he shall, by notice in writing served on the applicant, inform it of the refusal and the reason for the refusal. > > > (14)  In this section, ***State branch***, in relation to an association referred to in [subsection (5)](#GS63@Gs5@EN) or [(9)](#GS63@Gs9@EN) [(a)](#GS63@Gs9@Hpa@EN) , means the Tasmanian branch, or the Tasmanian branches, of the association the constitution or rules of which provide for the establishment and operation of any such branch or branches.