9. Date of establishment of trade union.
(1) For the purposes of this Act, a trade union is established on the first date on which any workmen or employers agree to become or to create an association or combination within any particular establishment, trade, occupation or industry, and whether temporary or permanent, for the furtherance of any one or more of the objects specified in the definition of a trade union in section 2.
(2) For the purpose of prosecuting any trade union which fails to apply for registration under section 8, the date of establishment of that trade union shall, in the absence of proof of the date referred to in subsection (I), be deemed to be-
(a) the date on which any person is proved to have been accepted or admitted as a member of that trade union; or
(b) the date on which any act is proved to have been done by that trade union in furtherance of any one or more of the objects specified in the definition of a trade union in section 2;
and in a case where proof is available of both the dates referred to in paragraphs (a) and (b), the earlier of such dates shall be deemed to be the date of the establishment of that trade union
