288Commission may make orders in relation to consequences of invalidity

#### 288 Commission may make orders in relation to consequences of invalidity 288 Commission may make orders in relation to consequences of invalidity > > (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Commission for the determination of the question whether an invalidity has occurred in— > > > > > (a) the management or administration of the organisation, or > > > > > (b) an election or appointment in the organisation, or > > > > > (c) the making or alteration of the rules of the organisation. > > > (2) On an application under subsection (1), the Commission may make such determination as it considers appropriate. > > > (3) If, in a proceeding under subsection (1), the Commission determines that an invalidity of a kind referred to in that subsection has occurred, the Commission may make such order as it considers appropriate— > > > > > (a) to rectify the invalidity or cause it to be rectified, or > > > > > (b) to negative, modify or cause to be modified the consequences in law of the invalidity, or > > > > > (c) to validate any act, matter or thing rendered invalid by or because of the invalidity. > > > (4) Where an order is made under subsection (3), the Commission may give such ancillary or consequential directions as it considers appropriate. > > > (5) The Commission must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to— > > > > > (a) the organisation, or > > > > > (b) any member or creditor of the organisation, or > > > > > (c) any person having dealings with the organisation. > > > (6) The Commission may determine— > > > > > (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section, and > > > > > (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper. > > > (7) This section applies— > > > > > (a) to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section), and > > > > > (b) to an invalidity occurring in relation to an association before it became an organisation. > > **s 288:** Am 2016 No 48, Sch 1 \[73\]; 2023 No 41, Sch 1.2\[68\].