Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Part, unless the contrary intention appears:
"amalgamated organisation" , in relation to an amalgamation, means the organisation of which members of a de - registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de - registered under Part 2.
"asset" has the same meaning as in Part 2.
"authorised person" , in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.
"ballot" means a ballot conducted under Division 2.
"charge" has the same meaning as in Part 2.
"completed withdrawal from amalgamation" means a proposed withdrawal from amalgamation that has taken effect.
"constituent member" , in relation to a constituent part of an amalgamated organisation, means:
(a) in the case of a separately identifiable constituent part--a member of the amalgamated organisation who is included in that part; or
(b) in any other case--a member of the amalgamated organisation who would be eligible for membership of the constituent part if:
(i) the constituent part; or
(ii) the organisation of which the constituent part was a branch;
as the case requires, were still registered as an organisation with the same rules as it had when it was de - registered under Part 2.
"constituent part" , in relation to an amalgamated organisation, means:
(a) a separately identifiable constituent part; or
(b) a part of the membership of the amalgamated organisation that would have been eligible for membership of:
(i) an organisation de - registered under Part 2 in connection with the formation of the amalgamated organisation; or
(ii) a State or Territory branch of such a de - registered organisation;
if the de - registration had not occurred.
"debenture" has the same meaning as in Part 2.
"holder" , in relation to a charge, has the same meaning as in Part 2.
"instrument" has the same meaning as in Part 2.
"instrument to which this Part applies" , in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:
(a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or
(b) that was given to, by, or in favour of, the amalgamated organisation; or
(c) in which a reference is made to the amalgamated organisation; or
(d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.
"interest" has the same meaning as in Part 2.
"invalidity" has the same meaning as in Part 2.
"irregularity" includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.
"liability" has the same meaning as in Part 2.
"newly registered organisation" means an organisation registered under section 110.
"proceeding to which this Part applies" , in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.
"proposed withdrawal from amalgamation" means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.
"separately identifiable constituent part" , in relation to an amalgamated organisation, means:
(a) if an organisation de - registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation--that branch, division or part; or
(b) if a State or Territory branch of such a de - registered organisation under its rules as in force immediately before its de - registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation--that branch, division or part.
"withdrawal day" , in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.
(2) For the purposes of this Part, an organisation is taken to have been de - registered under Part 2 in connection with the formation of an amalgamated organisation if the de - registration occurred in connection with the formation of:
(a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or
(b) another organisation that was subsequently de - registered under Part 2 in connection with the formation of:
(i) the amalgamated organisation; or
(ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de - registered under Part 2 in connection with the formation of the amalgamated organisation.
(4) For the purposes of this Part, a reference to a
constituent part becoming part of an amalgamated organisation includes a
reference to a constituent part becoming part of that organisation as it
existed before any subsequent amalgamation under Part 2.