Trade Unions Act · 2023 Revised Edition
11. Cancellation of registration
Official textFrom Attorney General's Chambers, unchanged
It shall be lawful for the Registrar to cancel the registration of any trade union —
Registrar
“Registrar” means the Registrar of Trade Unions appointed under section 6;
at the request of the trade union to be evidenced in such manner as he may direct;
on proof to his satisfaction that a certificate of registration has been obtained by fraud or mistake, or that such trade union has wilfully, and after notice from the Registrar, violated any of the provisions of this Act or has ceased to exist.
Not less than 2 months previous notice specifying briefly the grounds of the proposed cancellation, except where the trade union has ceased to exist in which case notice of cancellation may be given forthwith, shall be given by the Registrar to the trade union before such cancellation is effected.
trade union
“trade union” means any combination, whether temporary or permanent, the principal purposes of which are under its constitution the regulation of the relations between workers and employers, or between workers and workers, or between employers and employers, whether such combination would or would not, if this Act had not been enacted, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade;
An appeal from the decision of the Registrar under this section shall lie to the Minister subject to the same conditions as are provided for an appeal against the refusal of the Registrar to register a trade union, and the
Minister may make rules providing for the same matters for which rules may be made in respect of such appeal. The decision of the Minister is final.
A trade union whose registration has been cancelled in pursuance of subsection (1)(b) shall, from the time of such cancellation, cease to enjoy the privileges of a registered trade union and its affairs shall be dissolved and shall be wound up by the Registrar in the prescribed manner, but without prejudice to any liability actually incurred by such trade union which may be enforced against the trade union as if such cancellation had not taken place.
Trade Unions 10
Any trade union which, after cancellation of its registration, continues in active operation and every officer, member of the committee of management or other person purporting to act on behalf of such trade union is guilty of an offence and liable on conviction to a fine of $300 for every day during which such activities continue.
Terms defined in s 2
Registrar
Defined · s 2“Registrar” means the Registrar of Trade Unions appointed under section 6;
trade union
Defined · s 2“trade union” means any combination, whether temporary or permanent, the principal purposes of which are under its constitution the regulation of the relations between workers and employers, or between workers and workers, or between employers and employers, whether such combination would or would not, if this Act had not been enacted, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade;