Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part:
"alternative provision" means a provision of the kind mentioned in subsection 41(1).
"amalgamated organisation" , in relation to a completed amalgamation, means the organisation of which members of the de - registered organisations have become members under paragraph 73(3)(d).
"amalgamation day" , in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.
"asset" means property of any kind, and includes:
(a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and
(b) any chose in action; and
(c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).
"authorised person" , in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.
"charge" means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).
"closing day" , in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.
"commencing day" , in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.
"completed amalgamation" means a proposed amalgamation that has taken effect.
"debenture" has the same meaning as in section 9 of the Corporations Act 2001 .
"defect" includes a nullity, omission, error or irregularity.
"de-registered organisation" , in relation to a completed amalgamation, means an organisation that has been de - registered under this Part.
"de-registration" , in relation to an organisation, means the cancellation of its registration.
"holder" , in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.
"instrument" means an instrument of any kind, and includes:
(a) any contract, deed, undertaking or agreement; and
(b) any mandate, instruction, notice, authority or order; and
(c) any lease, licence, transfer, conveyance or other assurance; and
(d) any guarantee, bond, power of attorney, bill of lading, negotiable instrument or order for the payment of money; and
(e) any mortgage, charge, lien or security;
whether express or implied and whether made or given orally or in writing.
"instrument to which this Part applies" , in relation to a completed amalgamation, means an instrument:
(a) to which a de - registered organisation is a party; or
(b) that was given to, by, or in favour of, a de - registered organisation; or
(c) in which a reference is made to a de - registered organisation; or
(d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de - registered organisation.
"interest" :
(a) in relation to a company--includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001 , made available by the company; and
(b) in relation to land--means:
(i) a legal or equitable estate or interest in the land; or
(ii) a right, power or privilege over, or in relation to, the land.
"invalidity" includes a defect.
"irregularity" includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.
"liability" means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).
"proceeding to which this Part applies" , in relation to a completed amalgamation, means a proceeding to which a de - registered organisation was a party immediately before the amalgamation day.
"proposed alternative amalgamation" , in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.
"proposed amalgamated organisation" , in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de - registering organisations are proposed to become members under this Part.
"proposed amalgamation" means the proposed carrying out of arrangements in relation to 2 or more organisations under which:
(a) an organisation is, or 2 or more organisations are, to be de - registered under this Part; and
(b) members of the organisation or organisations to be de - registered are to become members of another organisation (whether existing or proposed).
"proposed de-registering organisation" , in relation to a proposed amalgamation, means an organisation that is to be de - registered under this Part.
"proposed principal amalgamation" , in relation to a proposed amalgamation, means:
(a) if the scheme for the amalgamation contains an alternative provision--the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or
(b) in any other case--the proposed amalgamation.