65ARecall and re-issue of certificate of registration

### 65A Recall and re-issue of certificate of registration > *\[Section 65A Inserted by No. 113 of 1986, s. 15 \]* > > > (1)  *\[Section 65A Subsection (1) substituted by No. 90 of 1994, s. 27 \]*After the Registrar has issued a certificate of registration to an organization, the organization or another organization may apply to the President to have its interest in an award specified in the certificate – > > > > > > (a) deleted from the certificate; or > > > > > > > (b) added to the certificate. > > > (2)  The President shall, on receipt of an application under [subsection (1)](#GS65A@Gs1@EN) , refer it to a Commissioner sitting alone for the purpose of his making a determination under [subsection (3)](#GS65A@Gs3@EN) . > > > (3)  Where, pursuant to [subsection (2)](#GS65A@Gs2@EN) , an application is referred to a Commissioner, the Commissioner shall, subject to [subsection (4)](#GS65A@Gs4@EN) , determine, as the case requires, whether the organization to which the application relates no longer has an interest in an award specified in its certificate of registration or has an interest in an award not so specified. > > > (4)  Before making a determination under [subsection (3)](#GS65A@Gs3@EN) , a Commissioner shall give the applicant for the determination and the organizations having an interest in the award concerned an opportunity to be heard on the matter. > > > (5)  A Commissioner shall take into account such matters specified in [section 63](#GS63@EN) [(10)](#GS63@Gs10@EN) [(c)](#GS63@Gs10@Hpc@EN) as are relevant to the making of a determination by him under [subsection (3)](#GS65A@Gs3@EN) . > > > (6)  A Commissioner shall, after making a determination under [subsection (3)](#GS65A@Gs3@EN) , forward a copy of the determination to the Registrar who thereupon shall serve on – > > > > > > (a) the organization to which the determination relates; and > > > > > > > (b) any other organization which has made a request under [subsection (1)](#GS65A@Gs1@EN) in relation to that first-mentioned organization – > > > > a notice in writing giving particulars of the determination. > > > (6A)  [*\[Section 65A Subsection (6A) inserted by No. 18 of 1997, s. 35, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS35@EN) After making a determination under [subsection (3)](#GS65A@Gs3@EN) , the Commissioner must vary the award to which the determination relates to reflect the determination. > > > (7)  Where a Commissioner makes a determination under [subsection (3)](#GS65A@Gs3@EN) with respect to an organization, the Registrar is, by virtue of the determination, given leave to recall the certificate of registration of that organization and to re-issue it with the necessary amendments if such a recall and re-issue are required as a consequence of the determination. > > > (8)  Where, as mentioned in [subsection (7)](#GS65A@Gs7@EN) , the Registrar is given leave to recall and re-issue the certificate of registration of an organization, he shall, in the notice served under [subsection (6)](#GS65A@Gs6@EN) on the organization, recall the certificate by requiring it to be delivered to him, subject to [subsection (9)](#GS65A@Gs9@EN) , by such date as is specified in the notice, being a date not earlier than 21 days after the service of the notice on the organization. > > > (9)  *\[Section 65A Subsection (9) amended by No. 59 of 1992, s. 44 \]*Where an organization makes an appeal under [section 70](#GS70@EN) [(1)](#GS70@Gs1@EN) in respect of a determination under [subsection (3)](#GS65A@Gs3@EN) , the organization is not required to deliver its certificate of registration to the Registrar as required by a notice served on it under [subsection (6)](#GS65A@Gs6@EN) . > > > (10)  Where an organization delivers its certificate of registration to the Registrar as required by a notice under [subsection (6)](#GS65A@Gs6@EN) , the Registrar shall re-issue the certificate with the necessary amendments and return it to the organization. > > > (11)  *\[Section 65A Subsection (11) amended by No. 43 of 1991, s. 5 and Sched.1 \]*An organization which fails to deliver to the Registrar its certificate of registration as required by a notice under [subsection (6)](#GS65A@Gs6@EN) is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.