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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 353A

Representation in proceedings in the Fair Work Division of the Federal Court and Federal Magistrates Court

             (1)  This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Magistrates Court, other than:

                     (a)  a proceeding in relation to an appeal under section 565 of the Fair Work Act; or

                     (b)  a proceeding in relation to an offence against a law of the Commonwealth.

             (2)  Subject to subsection (4), a party to the proceeding that is an organisation may be represented by:

                     (a)  a member, officer or employee of the organisation; or

                     (b)  a member, officer or employee of a peak council to which the organisation is affiliated.

             (3)  Subject to subsection (4), a party to the proceeding that is not an organisation may be represented by:

                     (a)  a member, officer or employee of an organisation of which the party is a member; or

                     (b)  a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.

             (4)  If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.

             (5)  In this section:

"party" includes an intervener.



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