QLDIn ForceAct
Industrial Relations Act 2016
sec.882Deferral of deregistration for industrial conduct
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### sec.882 Deferral of deregistration for industrial conduct
This section applies if the full bench must, apart from this section, make a deregistration order under section 881 .
The full bench may defer its decision on making the deregistration order and make an order (a deferral order )—
suspending to a stated extent, the rights, privileges or capacities of the organisation or all or any of its members as members, under—
this Act; or
an order of the commission; or
an award or certified agreement; or
directing how a suspended right, privilege or capacity may be exercised; or
restricting the organisation or its branches in using their funds or property and controlling the funds or property to enforce the restriction.
If a deferral order is made, the full bench must defer its decision on making the deregistration order until—
if a party to the proceedings applies, the court considers it is just to make the decision considering—
evidence given about compliance with the order; and
other relevant circumstances; or
the order ends.
A deferral order has effect despite the rules of the organisation or its branches.
(sec.882-ssec.1) This section applies if the full bench must, apart from this section, make a deregistration order under section 881 .
(sec.882-ssec.2) The full bench may defer its decision on making the deregistration order and make an order (a deferral order )— suspending to a stated extent, the rights, privileges or capacities of the organisation or all or any of its members as members, under— this Act; or an order of the commission; or an award or certified agreement; or directing how a suspended right, privilege or capacity may be exercised; or restricting the organisation or its branches in using their funds or property and controlling the funds or property to enforce the restriction.
(sec.882-ssec.3) If a deferral order is made, the full bench must defer its decision on making the deregistration order until— if a party to the proceedings applies, the court considers it is just to make the decision considering— evidence given about compliance with the order; and other relevant circumstances; or the order ends.
(sec.882-ssec.4) A deferral order has effect despite the rules of the organisation or its branches.
- (a) suspending to a stated extent, the rights, privileges or capacities of the organisation or all or any of its members as members, under— (i) this Act; or (ii) an order of the commission; or (iii) an award or certified agreement; or
- (i) this Act; or
- (ii) an order of the commission; or
- (iii) an award or certified agreement; or
- (b) directing how a suspended right, privilege or capacity may be exercised; or
- (c) restricting the organisation or its branches in using their funds or property and controlling the funds or property to enforce the restriction.
- (i) this Act; or
- (ii) an order of the commission; or
- (iii) an award or certified agreement; or
- (a) if a party to the proceedings applies, the court considers it is just to make the decision considering— (i) evidence given about compliance with the order; and (ii) other relevant circumstances; or
- (i) evidence given about compliance with the order; and
- (ii) other relevant circumstances; or
- (b) the order ends.
- (i) evidence given about compliance with the order; and
- (ii) other relevant circumstances; or