{"id":"qld:sl-2018-0019","name":"Industrial Relations Regulation 2018","slug":"industrial-relations-regulation-2018","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"19 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174791,"registerId":"qld-qld:sl-2018-0019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Industrial Relations Regulation 2018 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 March 2018.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 6 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland Employment Standards","content":"# Queensland Employment Standards","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Working out continuous service— Act , s 123","content":"### sec.4 Working out continuous service— Act , s 123\n\nFor working out continuous service under section 123 (1) of the Act , the following matters do not break continuous service—\nthe employee’s absence from work if there was a reasonable cause for the absence;\nthe employee’s absence from work because of protected industrial action;\nanother absence from work by the employee, unless the employer notifies the employee that the absence from work breaks the employee’s continuous service.\nAn employee’s absence from work under subsection (1) (a) does break continuous service if—\na decision requires the employee to—\nnotify the employer of an absence from work; and\nsubstantiate the reason for the absence; and\nthe employee does not comply with the decision.\nAlso, an employee’s absence from work under subsection (1) (a) does break continuous service if—\nthere is no decision mentioned in subsection (2) ; and\nthe employee does not promptly notify the employer of—\nthe employee’s absence from work; and\nthe reason for the absence; and\nthe likely duration of the absence.\nAn employee’s absence from work under subsection (1) (b) does break continuous service if the commission or a magistrate has decided, in making an order under section 122 (1) of the Act , that the absence must be taken to be a break in the employee’s continuous service.\nA notification under subsection (1) (c) —\nmust be given during, or within 14 days after the end of, the absence; and\nmay be withdrawn by the employer.\nIf the employer withdraws the notification, it is taken not to have been given.\nIf an employee’s absence from work does not break the employee’s continuous service, the period of absence must be included as a period of service in working out the employee’s continuous service for section 123 (1) of the Act .\nIn this section—\nprotected industrial action see section 233 (1) of the Act .\n(sec.4-ssec.1) For working out continuous service under section 123 (1) of the Act , the following matters do not break continuous service— the employee’s absence from work if there was a reasonable cause for the absence; the employee’s absence from work because of protected industrial action; another absence from work by the employee, unless the employer notifies the employee that the absence from work breaks the employee’s continuous service.\n(sec.4-ssec.2) An employee’s absence from work under subsection (1) (a) does break continuous service if— a decision requires the employee to— notify the employer of an absence from work; and substantiate the reason for the absence; and the employee does not comply with the decision.\n(sec.4-ssec.3) Also, an employee’s absence from work under subsection (1) (a) does break continuous service if— there is no decision mentioned in subsection (2) ; and the employee does not promptly notify the employer of— the employee’s absence from work; and the reason for the absence; and the likely duration of the absence.\n(sec.4-ssec.4) An employee’s absence from work under subsection (1) (b) does break continuous service if the commission or a magistrate has decided, in making an order under section 122 (1) of the Act , that the absence must be taken to be a break in the employee’s continuous service.\n(sec.4-ssec.5) A notification under subsection (1) (c) — must be given during, or within 14 days after the end of, the absence; and may be withdrawn by the employer.\n(sec.4-ssec.6) If the employer withdraws the notification, it is taken not to have been given.\n(sec.4-ssec.7) If an employee’s absence from work does not break the employee’s continuous service, the period of absence must be included as a period of service in working out the employee’s continuous service for section 123 (1) of the Act .\n(sec.4-ssec.8) In this section— protected industrial action see section 233 (1) of the Act .\n- (a) the employee’s absence from work if there was a reasonable cause for the absence;\n- (b) the employee’s absence from work because of protected industrial action;\n- (c) another absence from work by the employee, unless the employer notifies the employee that the absence from work breaks the employee’s continuous service.\n- (a) a decision requires the employee to— (i) notify the employer of an absence from work; and (ii) substantiate the reason for the absence; and\n- (i) notify the employer of an absence from work; and\n- (ii) substantiate the reason for the absence; and\n- (b) the employee does not comply with the decision.\n- (i) notify the employer of an absence from work; and\n- (ii) substantiate the reason for the absence; and\n- (a) there is no decision mentioned in subsection (2) ; and\n- (b) the employee does not promptly notify the employer of— (i) the employee’s absence from work; and (ii) the reason for the absence; and (iii) the likely duration of the absence.\n- (i) the employee’s absence from work; and\n- (ii) the reason for the absence; and\n- (iii) the likely duration of the absence.\n- (i) the employee’s absence from work; and\n- (ii) the reason for the absence; and\n- (iii) the likely duration of the absence.\n- (a) must be given during, or within 14 days after the end of, the absence; and\n- (b) may be withdrawn by the employer.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Compensation for commission or piece rate employees— Act , s 124","content":"### sec.5 Compensation for commission or piece rate employees— Act , s 124\n\nFor section 124 (3) of the Act , the amount taken to be payable is the average weekly remuneration payable to the employee—\nfor an employee who was continuously employed by the employer for 3 months or more immediately before dismissal—in the 3 months before dismissal; or\nfor an employee who was continuously employed by the employer for a period of less than 3 months immediately before dismissal—in that period.\n- (a) for an employee who was continuously employed by the employer for 3 months or more immediately before dismissal—in the 3 months before dismissal; or\n- (b) for an employee who was continuously employed by the employer for a period of less than 3 months immediately before dismissal—in that period.","sortOrder":6},{"sectionNumber":"pt.3","sectionType":"part","heading":"Collective bargaining","content":"# Collective bargaining","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Information to accompany proposed bargaining instrument— Act , s 198","content":"### sec.6 Information to accompany proposed bargaining instrument— Act , s 198\n\nFor section 198 (1) (c) (ii) of the Act , a proposed bargaining instrument must be accompanied by an affidavit containing the following information—\nwhether the instrument is for a new business or is a project agreement or a multi-employer agreement;\nwhether or not the instrument is made with an employee organisation;\nthe industry in which the employer is engaged;\nthe name of the relevant award or designated award;\nfor non-State government employees—each address at which the employees to be covered by the instrument are, or are to be, employed;\nthe number of male and female employees to be covered by the instrument;\nthe number of apprentices or trainees to be covered by the instrument;\nthe name and address of each employer to whom the instrument is to apply;\nif the instrument is a project agreement and the project or proposed project has a principal contractor—the principal contractor’s name and address;\nif the instrument was negotiated for someone else—the person who negotiated the instrument and the person for whom it was negotiated;\nthe average percentage that wages of the employees to be covered by the instrument will increase or decrease under the instrument compared with wages before the instrument;\nthe steps taken to ensure the things required to be done by sections 169 , 171 and 172 of the Act were done, and in particular, that the terms of the instrument were explained in an appropriate way given the particular circumstances and needs of the employees to be covered by the instrument;\na statement that the employer did not do something mentioned in section 195 (b) of the Act ;\na statement that the instrument passes the no-disadvantage test under chapter 4 , part 5 , division 3 of the Act .\nThe affidavit must be in the form provided for in the rules made under section 551 of the Act .\nFor section 198 (1) (c) (ii) of the Act , if there is or was a bargaining instrument covering part or all of the employees to be covered by the instrument, the instrument must also be accompanied by the name and instrument number of the bargaining instrument.\n(sec.6-ssec.1) For section 198 (1) (c) (ii) of the Act , a proposed bargaining instrument must be accompanied by an affidavit containing the following information— whether the instrument is for a new business or is a project agreement or a multi-employer agreement; whether or not the instrument is made with an employee organisation; the industry in which the employer is engaged; the name of the relevant award or designated award; for non-State government employees—each address at which the employees to be covered by the instrument are, or are to be, employed; the number of male and female employees to be covered by the instrument; the number of apprentices or trainees to be covered by the instrument; the name and address of each employer to whom the instrument is to apply; if the instrument is a project agreement and the project or proposed project has a principal contractor—the principal contractor’s name and address; if the instrument was negotiated for someone else—the person who negotiated the instrument and the person for whom it was negotiated; the average percentage that wages of the employees to be covered by the instrument will increase or decrease under the instrument compared with wages before the instrument; the steps taken to ensure the things required to be done by sections 169 , 171 and 172 of the Act were done, and in particular, that the terms of the instrument were explained in an appropriate way given the particular circumstances and needs of the employees to be covered by the instrument; a statement that the employer did not do something mentioned in section 195 (b) of the Act ; a statement that the instrument passes the no-disadvantage test under chapter 4 , part 5 , division 3 of the Act .\n(sec.6-ssec.2) The affidavit must be in the form provided for in the rules made under section 551 of the Act .\n(sec.6-ssec.3) For section 198 (1) (c) (ii) of the Act , if there is or was a bargaining instrument covering part or all of the employees to be covered by the instrument, the instrument must also be accompanied by the name and instrument number of the bargaining instrument.\n- (a) whether the instrument is for a new business or is a project agreement or a multi-employer agreement;\n- (b) whether or not the instrument is made with an employee organisation;\n- (c) the industry in which the employer is engaged;\n- (d) the name of the relevant award or designated award;\n- (e) for non-State government employees—each address at which the employees to be covered by the instrument are, or are to be, employed;\n- (f) the number of male and female employees to be covered by the instrument;\n- (g) the number of apprentices or trainees to be covered by the instrument;\n- (h) the name and address of each employer to whom the instrument is to apply;\n- (i) if the instrument is a project agreement and the project or proposed project has a principal contractor—the principal contractor’s name and address;\n- (j) if the instrument was negotiated for someone else—the person who negotiated the instrument and the person for whom it was negotiated;\n- (k) the average percentage that wages of the employees to be covered by the instrument will increase or decrease under the instrument compared with wages before the instrument;\n- (l) the steps taken to ensure the things required to be done by sections 169 , 171 and 172 of the Act were done, and in particular, that the terms of the instrument were explained in an appropriate way given the particular circumstances and needs of the employees to be covered by the instrument;\n- (m) a statement that the employer did not do something mentioned in section 195 (b) of the Act ;\n- (n) a statement that the instrument passes the no-disadvantage test under chapter 4 , part 5 , division 3 of the Act .","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Protected industrial action— Act , s 237","content":"### sec.7 Protected industrial action— Act , s 237\n\nFor section 237 (3) (b) of the Act , the purpose is the assessment of eligibility for, or the calculation of, an entitlement arising from the employee’s employment, including, for example—\na superannuation entitlement; and\nan authorised leave entitlement; and\nan entitlement to remuneration and promotion as affected by seniority; and\nan entitlement to notice of, or compensation for, dismissal.\nIn this section—\nauthorised leave means leave authorised by—\nthe employer; or\nan industrial instrument; or\nan order of a court or tribunal having power to fix wages and other employment conditions; or\nthe employee’s employment contract; or\na Commonwealth or State law.\n(sec.7-ssec.1) For section 237 (3) (b) of the Act , the purpose is the assessment of eligibility for, or the calculation of, an entitlement arising from the employee’s employment, including, for example— a superannuation entitlement; and an authorised leave entitlement; and an entitlement to remuneration and promotion as affected by seniority; and an entitlement to notice of, or compensation for, dismissal.\n(sec.7-ssec.2) In this section— authorised leave means leave authorised by— the employer; or an industrial instrument; or an order of a court or tribunal having power to fix wages and other employment conditions; or the employee’s employment contract; or a Commonwealth or State law.\n- (a) a superannuation entitlement; and\n- (b) an authorised leave entitlement; and\n- (c) an entitlement to remuneration and promotion as affected by seniority; and\n- (d) an entitlement to notice of, or compensation for, dismissal.\n- (a) the employer; or\n- (b) an industrial instrument; or\n- (c) an order of a court or tribunal having power to fix wages and other employment conditions; or\n- (d) the employee’s employment contract; or\n- (e) a Commonwealth or State law.","sortOrder":9},{"sectionNumber":"pt.4","sectionType":"part","heading":"General protections","content":"# General protections","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Temporary absence—illness or injury— Act , s 297","content":"### sec.8 Temporary absence—illness or injury— Act , s 297\n\nFor section 297 (1) (a) of the Act , an illness or injury for which the employee is absent for 2 days or less is a prescribed illness or prescribed injury if the employee promptly notifies the employer—\nthat the illness or injury will cause the employee to be absent from work; and\nof the approximate period for which the employee will be absent.\nAn illness or injury for which the employee is absent for more than 2 days is a prescribed illness or prescribed injury if the employee—\npromptly notifies the employer of the matters mentioned in subsection (1) (a) and (b) ; and\neither—\ngives the employer a doctor’s certificate about the nature of the illness or injury and the approximate period for which the employee will be absent; or\ngives the employer other evidence of the illness or injury to the employer’s satisfaction.\nWithout limiting subsection (2) , if the employee is required under an industrial instrument to notify the employer of an absence from work and substantiate the reason for the absence is due to illness or injury, the illness or injury is a prescribed illness or prescribed injury if the employee complies with the industrial instrument.\nDespite subsections (1) to (3) , an illness or injury is not a prescribed illness or injury if—\nthe total of the employee’s absences in a 12-month period, arising from 1 or more illnesses or injuries, is more than 3 months; and\nthe employee is not on paid sick leave or carer’s leave under chapter 2 , part 3 , division 6 , subdivision 1 or 2 of the Act .\n(sec.8-ssec.1) For section 297 (1) (a) of the Act , an illness or injury for which the employee is absent for 2 days or less is a prescribed illness or prescribed injury if the employee promptly notifies the employer— that the illness or injury will cause the employee to be absent from work; and of the approximate period for which the employee will be absent.\n(sec.8-ssec.2) An illness or injury for which the employee is absent for more than 2 days is a prescribed illness or prescribed injury if the employee— promptly notifies the employer of the matters mentioned in subsection (1) (a) and (b) ; and either— gives the employer a doctor’s certificate about the nature of the illness or injury and the approximate period for which the employee will be absent; or gives the employer other evidence of the illness or injury to the employer’s satisfaction.\n(sec.8-ssec.3) Without limiting subsection (2) , if the employee is required under an industrial instrument to notify the employer of an absence from work and substantiate the reason for the absence is due to illness or injury, the illness or injury is a prescribed illness or prescribed injury if the employee complies with the industrial instrument.\n(sec.8-ssec.4) Despite subsections (1) to (3) , an illness or injury is not a prescribed illness or injury if— the total of the employee’s absences in a 12-month period, arising from 1 or more illnesses or injuries, is more than 3 months; and the employee is not on paid sick leave or carer’s leave under chapter 2 , part 3 , division 6 , subdivision 1 or 2 of the Act .\n- (a) that the illness or injury will cause the employee to be absent from work; and\n- (b) of the approximate period for which the employee will be absent.\n- (a) promptly notifies the employer of the matters mentioned in subsection (1) (a) and (b) ; and\n- (b) either— (i) gives the employer a doctor’s certificate about the nature of the illness or injury and the approximate period for which the employee will be absent; or (ii) gives the employer other evidence of the illness or injury to the employer’s satisfaction.\n- (i) gives the employer a doctor’s certificate about the nature of the illness or injury and the approximate period for which the employee will be absent; or\n- (ii) gives the employer other evidence of the illness or injury to the employer’s satisfaction.\n- (i) gives the employer a doctor’s certificate about the nature of the illness or injury and the approximate period for which the employee will be absent; or\n- (ii) gives the employer other evidence of the illness or injury to the employer’s satisfaction.\n- (a) the total of the employee’s absences in a 12-month period, arising from 1 or more illnesses or injuries, is more than 3 months; and\n- (b) the employee is not on paid sick leave or carer’s leave under chapter 2 , part 3 , division 6 , subdivision 1 or 2 of the Act .","sortOrder":11},{"sectionNumber":"pt.5","sectionType":"part","heading":"Authorised industrial officers","content":"# Authorised industrial officers","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application for issue of an authority— Act , s 337","content":"### sec.9 Application for issue of an authority— Act , s 337\n\nFor section 337 (4) (a) of the Act , an application for an authority must—\nbe made in the form provided for in the rules made under section 551 of the Act ; and\nstate whether the person to be authorised is an officer, or employee, of the organisation; and\nbe signed by the applicant’s president or secretary; and\nbe accompanied by—\n1 passport-sized photograph of the person signed on the reverse side by the person; and\n2 specimen signatures of the person verified by the applicant’s president or secretary as being genuine signatures of the person.\ns 9 amd 2022 SL No. 100 s 3\n- (a) be made in the form provided for in the rules made under section 551 of the Act ; and\n- (b) state whether the person to be authorised is an officer, or employee, of the organisation; and\n- (c) be signed by the applicant’s president or secretary; and\n- (d) be accompanied by— (i) 1 passport-sized photograph of the person signed on the reverse side by the person; and (ii) 2 specimen signatures of the person verified by the applicant’s president or secretary as being genuine signatures of the person.\n- (i) 1 passport-sized photograph of the person signed on the reverse side by the person; and\n- (ii) 2 specimen signatures of the person verified by the applicant’s president or secretary as being genuine signatures of the person.\n- (i) 1 passport-sized photograph of the person signed on the reverse side by the person; and\n- (ii) 2 specimen signatures of the person verified by the applicant’s president or secretary as being genuine signatures of the person.","sortOrder":13},{"sectionNumber":"pt.6","sectionType":"part","heading":"Overpaid wages","content":"# Overpaid wages","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Recovering overpaid wages— Act , s 376","content":"### sec.10 Recovering overpaid wages— Act , s 376\n\nFor section 376 (4) of the Act , the amount is ¾ of the wages payable for the pay period.","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Recovering health employment overpayments— Act , s 948","content":"### sec.11 Recovering health employment overpayments— Act , s 948\n\nFor section 948 (6) of the Act , the amount is ¾ of the amount that would otherwise be paid to the health employee on the single occasion, disregarding any deductions for any purpose.","sortOrder":16},{"sectionNumber":"pt.7","sectionType":"part","heading":"Fees charged by private employment agents","content":"# Fees charged by private employment agents","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Particulars for written notice— Act , s 400","content":"### sec.12 Particulars for written notice— Act , s 400\n\nFor section 400 (2) (a) of the Act , the particulars are as follows—\nthe name of the person for whom the work is to be carried out;\nthe address of the place of work;\nthe particulars of the work;\nfor modelling work—modelling clothing\nfor a performer—live theatre\nthe period of the work;\nthe gross amount payable to the model or performer by the person for whom the work is to be carried out;\nan itemised list of the fees payable to the agent by the model or performer;\nthe net amount the model or performer is to receive after payment of the agent’s fees;\nif a rate of payment is provided for under an industrial instrument, the details of the instrument and the rate of payment.\nIn this section—\nindustrial instrument includes a federal industrial instrument.\n(sec.12-ssec.1) For section 400 (2) (a) of the Act , the particulars are as follows— the name of the person for whom the work is to be carried out; the address of the place of work; the particulars of the work; for modelling work—modelling clothing for a performer—live theatre the period of the work; the gross amount payable to the model or performer by the person for whom the work is to be carried out; an itemised list of the fees payable to the agent by the model or performer; the net amount the model or performer is to receive after payment of the agent’s fees; if a rate of payment is provided for under an industrial instrument, the details of the instrument and the rate of payment.\n(sec.12-ssec.2) In this section— industrial instrument includes a federal industrial instrument.\n- (a) the name of the person for whom the work is to be carried out;\n- (b) the address of the place of work;\n- (c) the particulars of the work; Examples— • for modelling work—modelling clothing • for a performer—live theatre\n- • for modelling work—modelling clothing\n- • for a performer—live theatre\n- (d) the period of the work;\n- (e) the gross amount payable to the model or performer by the person for whom the work is to be carried out;\n- (f) an itemised list of the fees payable to the agent by the model or performer;\n- (g) the net amount the model or performer is to receive after payment of the agent’s fees;\n- (h) if a rate of payment is provided for under an industrial instrument, the details of the instrument and the rate of payment.\n- • for modelling work—modelling clothing\n- • for a performer—live theatre","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Percentage of gross amount payable to model or performer— Act , s 400","content":"### sec.13 Percentage of gross amount payable to model or performer— Act , s 400\n\nFor section 400 (2) (b) of the Act , the percentage is the percentage provided for under schedule 1 .","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Allowances or payments excluded from gross amount payable to model or performer— Act , s 400","content":"### sec.14 Allowances or payments excluded from gross amount payable to model or performer— Act , s 400\n\nFor section 400 (2) (b) of the Act , the allowances or payments are as follows—\ntravelling and meal allowance;\nholiday pay;\nlong service leave payments;\nsuperannuation payments;\novertime or penalty payments paid on an irregular basis;\nA model or performer may occasionally work overtime during the period of the work.\npayments for rehearsals.\n- (a) travelling and meal allowance;\n- (b) holiday pay;\n- (c) long service leave payments;\n- (d) superannuation payments;\n- (e) overtime or penalty payments paid on an irregular basis; Example of an irregular basis— A model or performer may occasionally work overtime during the period of the work.\n- (f) payments for rehearsals.","sortOrder":20},{"sectionNumber":"pt.8","sectionType":"part","heading":"Application to industrial tribunal under chapter 12 of the Act","content":"# Application to industrial tribunal under chapter 12 of the Act","sortOrder":21},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Definition","content":"## Definition","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Definition for part","content":"### sec.15 Definition for part\n\nIn this part—\nindustrial tribunal means the court, commission or registrar.","sortOrder":23},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Applications, and service and publication of process","content":"## Applications, and service and publication of process","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"Applications to industrial tribunal","content":"### sec.16 Applications to industrial tribunal\n\nAn application to an industrial tribunal under chapter 12 of the Act must—\nbe filed in the registry; and\nbe in the form provided for in the rules made under section 551 of the Act ; and\nstate the facts and issues the applicant relies on to support the application.\nHowever, subsection (1) (c) does not apply to an application to which section 689 of the Act applies.\nIf an applicant to an industrial tribunal under chapter 12 of the Act is not the organisation the application is about, the applicant must serve a copy of the application on the organisation within 7 days after filing the application.\n(sec.16-ssec.1) An application to an industrial tribunal under chapter 12 of the Act must— be filed in the registry; and be in the form provided for in the rules made under section 551 of the Act ; and state the facts and issues the applicant relies on to support the application.\n(sec.16-ssec.2) However, subsection (1) (c) does not apply to an application to which section 689 of the Act applies.\n(sec.16-ssec.3) If an applicant to an industrial tribunal under chapter 12 of the Act is not the organisation the application is about, the applicant must serve a copy of the application on the organisation within 7 days after filing the application.\n- (a) be filed in the registry; and\n- (b) be in the form provided for in the rules made under section 551 of the Act ; and\n- (c) state the facts and issues the applicant relies on to support the application.","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"Applications for registration, change of list of callings or amendment of name or eligibility rules","content":"### sec.17 Applications for registration, change of list of callings or amendment of name or eligibility rules\n\nThis section applies to an application for—\nregistration as an organisation; or\na change of list of callings; or\namendment of the name of an organisation, other than an application made under section 660 of the Act ; or\namendment of eligibility rules of an organisation.\nThe applicant may file a statement supporting the application when the application is filed.\nThe applicant must publish notice of the application in the form decided by the registrar within 21 days after the application is filed—\nin a newspaper circulating throughout the State; and\nif the registrar considers it appropriate, in another newspaper or publication.\nAlso, if the registrar considers it appropriate, the registrar may publish the notice on the QIRC website.\nThe applicant must, within 7 days of publication of the notice under subsection (3) —\nserve a copy of the notice on each organisation whose callings—\ninclude the callings of the applicant’s members; or\nrelate to the applicant’s eligibility rules; and\nfile in the registry a copy of the section of a newspaper or publication in which the notice was published, showing the date and name of the newspaper or publication.\nThe application must be dealt with, as far as is practicable, in the order that it was filed.\nEach document accompanying an application for registration as an organisation must be signed and dated by the applicant’s president and secretary.\n(sec.17-ssec.1) This section applies to an application for— registration as an organisation; or a change of list of callings; or amendment of the name of an organisation, other than an application made under section 660 of the Act ; or amendment of eligibility rules of an organisation.\n(sec.17-ssec.2) The applicant may file a statement supporting the application when the application is filed.\n(sec.17-ssec.3) The applicant must publish notice of the application in the form decided by the registrar within 21 days after the application is filed— in a newspaper circulating throughout the State; and if the registrar considers it appropriate, in another newspaper or publication.\n(sec.17-ssec.4) Also, if the registrar considers it appropriate, the registrar may publish the notice on the QIRC website.\n(sec.17-ssec.5) The applicant must, within 7 days of publication of the notice under subsection (3) — serve a copy of the notice on each organisation whose callings— include the callings of the applicant’s members; or relate to the applicant’s eligibility rules; and file in the registry a copy of the section of a newspaper or publication in which the notice was published, showing the date and name of the newspaper or publication.\n(sec.17-ssec.6) The application must be dealt with, as far as is practicable, in the order that it was filed.\n(sec.17-ssec.7) Each document accompanying an application for registration as an organisation must be signed and dated by the applicant’s president and secretary.\n- (a) registration as an organisation; or\n- (b) a change of list of callings; or\n- (c) amendment of the name of an organisation, other than an application made under section 660 of the Act ; or\n- (d) amendment of eligibility rules of an organisation.\n- (a) in a newspaper circulating throughout the State; and\n- (b) if the registrar considers it appropriate, in another newspaper or publication.\n- (a) serve a copy of the notice on each organisation whose callings— (i) include the callings of the applicant’s members; or (ii) relate to the applicant’s eligibility rules; and\n- (i) include the callings of the applicant’s members; or\n- (ii) relate to the applicant’s eligibility rules; and\n- (b) file in the registry a copy of the section of a newspaper or publication in which the notice was published, showing the date and name of the newspaper or publication.\n- (i) include the callings of the applicant’s members; or\n- (ii) relate to the applicant’s eligibility rules; and","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Certain applications must state grounds on which made","content":"### sec.18 Certain applications must state grounds on which made\n\nAn application for any of the following must state the grounds on which it is made—\nan approval under section 635 of the Act ;\nan exemption under chapter 12 , part 12 of the Act ;\ncancellation of an exemption under section 824 of the Act ;\na deregistration order.\n- (a) an approval under section 635 of the Act ;\n- (b) an exemption under chapter 12 , part 12 of the Act ;\n- (c) cancellation of an exemption under section 824 of the Act ;\n- (d) a deregistration order.","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Application for exemption— Act , s 802","content":"### sec.19 Application for exemption— Act , s 802\n\nThis section applies to an application for an exemption under section 802 of the Act from holding an election for a stated office.\nThe application may be made only if each applicant has given each of its members, free of charge, written notice of the details of the application.\nAn applicant may give the notice by including it in a publication it gives its members free of charge.\nThe application must be accompanied by an affidavit by a member of each applicant’s management committee stating that subsection (2) has been complied with.\n(sec.19-ssec.1) This section applies to an application for an exemption under section 802 of the Act from holding an election for a stated office.\n(sec.19-ssec.2) The application may be made only if each applicant has given each of its members, free of charge, written notice of the details of the application.\n(sec.19-ssec.3) An applicant may give the notice by including it in a publication it gives its members free of charge.\n(sec.19-ssec.4) The application must be accompanied by an affidavit by a member of each applicant’s management committee stating that subsection (2) has been complied with.","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"How making of resolution is to be notified— Act , s 813","content":"### sec.20 How making of resolution is to be notified— Act , s 813\n\nFor section 813 (1) (b) of the Act , the way a member of the organisation or branch is to be given notice of the making of the resolution is by—\ngiving the member a copy of the resolution; or\nfor an organisation or branch that gives its members a publication free of charge—including a notice of the making of the resolution in the publication.\n- (a) giving the member a copy of the resolution; or\n- (b) for an organisation or branch that gives its members a publication free of charge—including a notice of the making of the resolution in the publication.","sortOrder":29},{"sectionNumber":"sec.21","sectionType":"section","heading":"Publishing notice— Act , s 814","content":"### sec.21 Publishing notice— Act , s 814\n\nFor section 814 of the Act , the way the notice is to be published is in—\na newspaper circulating generally throughout the State; and\nanother newspaper or publication the registrar considers appropriate.\nThe notice must be published within 21 days after the application is filed in the registry.\n(sec.21-ssec.1) For section 814 of the Act , the way the notice is to be published is in— a newspaper circulating generally throughout the State; and another newspaper or publication the registrar considers appropriate.\n(sec.21-ssec.2) The notice must be published within 21 days after the application is filed in the registry.\n- (a) a newspaper circulating generally throughout the State; and\n- (b) another newspaper or publication the registrar considers appropriate.","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Signing or sealing application for deregistration order— Act , s 879","content":"### sec.22 Signing or sealing application for deregistration order— Act , s 879\n\nIf an application under section 879 of the Act for a deregistration order is made by an organisation, the application must be—\nunder the organisation’s seal; or\nsigned by 2 of the organisation’s officers authorised to sign the application.\n- (a) under the organisation’s seal; or\n- (b) signed by 2 of the organisation’s officers authorised to sign the application.","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"Application by registrar for deregistration order for defunct organisation— Act , s 879","content":"### sec.23 Application by registrar for deregistration order for defunct organisation— Act , s 879\n\nThis section applies if the registrar proposes to apply for a deregistration order for an organisation under section 879 (4) of the Act .\nThe registrar must make appropriate inquiries by letters sent to the—\norganisation’s registered office; and\nmembers of the organisation’s management committee last known to the registrar at each member’s last known address.\nIf, after the inquiries, the registrar is satisfied the organisation is defunct, the registrar must publish a notice on the QIRC website stating—\nthe registrar will apply after 35 days from the notice’s publication for a deregistration order on the ground that the organisation is defunct; and\na person who wants to show cause why the deregistration should not be made may file a notice of objection, in the form provided for in the rules made under section 551 of the Act , in the registry within 35 days of the publication.\nIf the registrar makes the application, the registrar must ensure the application is accompanied by a copy of a notice of objection filed.\n(sec.23-ssec.1) This section applies if the registrar proposes to apply for a deregistration order for an organisation under section 879 (4) of the Act .\n(sec.23-ssec.2) The registrar must make appropriate inquiries by letters sent to the— organisation’s registered office; and members of the organisation’s management committee last known to the registrar at each member’s last known address.\n(sec.23-ssec.3) If, after the inquiries, the registrar is satisfied the organisation is defunct, the registrar must publish a notice on the QIRC website stating— the registrar will apply after 35 days from the notice’s publication for a deregistration order on the ground that the organisation is defunct; and a person who wants to show cause why the deregistration should not be made may file a notice of objection, in the form provided for in the rules made under section 551 of the Act , in the registry within 35 days of the publication.\n(sec.23-ssec.4) If the registrar makes the application, the registrar must ensure the application is accompanied by a copy of a notice of objection filed.\n- (a) organisation’s registered office; and\n- (b) members of the organisation’s management committee last known to the registrar at each member’s last known address.\n- (a) the registrar will apply after 35 days from the notice’s publication for a deregistration order on the ground that the organisation is defunct; and\n- (b) a person who wants to show cause why the deregistration should not be made may file a notice of objection, in the form provided for in the rules made under section 551 of the Act , in the registry within 35 days of the publication.","sortOrder":32},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Objections","content":"## Objections","sortOrder":33},{"sectionNumber":"sec.24","sectionType":"section","heading":"Who may object— Act , s 894","content":"### sec.24 Who may object— Act , s 894\n\nFor section 894 (3) of the Act , an interested person for a decision sought to be made by any of the following applications may object to the making of a decision on the application—\nan application for amendment of name other than an application made under section 660 of the Act ;\nan application for amendment of eligibility rules;\nan application for a change of list of callings.\nA person who has been given written notice under section 19 (2) of an application for an exemption under section 802 of the Act may object to the making of a decision on the application.\nA member of an organisation that has applied for an exemption from the requirement that the electoral commission conduct an election under section 812 of the Act may object to the making of a decision on the application.\nAn interested person for a decision sought to be made by an application by the registrar for a deregistration order under section 879 (4) of the Act may object to the making of a decision on the application.\nA person who may object to the making of a decision on an application must give notice of an objection to the industrial tribunal.\n(sec.24-ssec.1) For section 894 (3) of the Act , an interested person for a decision sought to be made by any of the following applications may object to the making of a decision on the application— an application for amendment of name other than an application made under section 660 of the Act ; an application for amendment of eligibility rules; an application for a change of list of callings.\n(sec.24-ssec.2) A person who has been given written notice under section 19 (2) of an application for an exemption under section 802 of the Act may object to the making of a decision on the application.\n(sec.24-ssec.3) A member of an organisation that has applied for an exemption from the requirement that the electoral commission conduct an election under section 812 of the Act may object to the making of a decision on the application.\n(sec.24-ssec.4) An interested person for a decision sought to be made by an application by the registrar for a deregistration order under section 879 (4) of the Act may object to the making of a decision on the application.\n(sec.24-ssec.5) A person who may object to the making of a decision on an application must give notice of an objection to the industrial tribunal.\n- (a) an application for amendment of name other than an application made under section 660 of the Act ;\n- (b) an application for amendment of eligibility rules;\n- (c) an application for a change of list of callings.","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":"Notice of objection","content":"### sec.25 Notice of objection\n\nThis section applies to a notice of objection under—\nsection 606 (1) (b) of the Act ; and\nsection 24 .\nThe notice must—\nbe in the form provided for in the rules made under section 551 of the Act ; and\nstate the grounds on which the objection is made; and\nbe filed in the registry within 35 days after—\nfor an objection to an application under section 802 of the Act —the giving of written notice of the application under section 19 (2) ; or\nfor another objection—the publication of the notice of the application to which the objection relates; and\nbe accompanied by a statement of the facts and issues the objector relies on in support of the objection.\nFor subsection (2) (c) (i) , if written notice of the application was given on more than 1 day under section 19 (2) , the notice of objection must be filed in the registry within 35 days of the latest day on which notice was given.\nA person who gives a notice of objection must serve a copy of the notice on the applicant and any other party to the proceedings within 7 days after filing the notice.\nOn application, the relevant industrial tribunal may grant leave to extend the period for filing a notice of objection.\n(sec.25-ssec.1) This section applies to a notice of objection under— section 606 (1) (b) of the Act ; and section 24 .\n(sec.25-ssec.2) The notice must— be in the form provided for in the rules made under section 551 of the Act ; and state the grounds on which the objection is made; and be filed in the registry within 35 days after— for an objection to an application under section 802 of the Act —the giving of written notice of the application under section 19 (2) ; or for another objection—the publication of the notice of the application to which the objection relates; and be accompanied by a statement of the facts and issues the objector relies on in support of the objection.\n(sec.25-ssec.3) For subsection (2) (c) (i) , if written notice of the application was given on more than 1 day under section 19 (2) , the notice of objection must be filed in the registry within 35 days of the latest day on which notice was given.\n(sec.25-ssec.4) A person who gives a notice of objection must serve a copy of the notice on the applicant and any other party to the proceedings within 7 days after filing the notice.\n(sec.25-ssec.5) On application, the relevant industrial tribunal may grant leave to extend the period for filing a notice of objection.\n- (a) section 606 (1) (b) of the Act ; and\n- (b) section 24 .\n- (a) be in the form provided for in the rules made under section 551 of the Act ; and\n- (b) state the grounds on which the objection is made; and\n- (c) be filed in the registry within 35 days after— (i) for an objection to an application under section 802 of the Act —the giving of written notice of the application under section 19 (2) ; or (ii) for another objection—the publication of the notice of the application to which the objection relates; and\n- (i) for an objection to an application under section 802 of the Act —the giving of written notice of the application under section 19 (2) ; or\n- (ii) for another objection—the publication of the notice of the application to which the objection relates; and\n- (d) be accompanied by a statement of the facts and issues the objector relies on in support of the objection.\n- (i) for an objection to an application under section 802 of the Act —the giving of written notice of the application under section 19 (2) ; or\n- (ii) for another objection—the publication of the notice of the application to which the objection relates; and","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Answering objections","content":"### sec.26 Answering objections\n\nThe applicant may file a written response to an objection in the registry within 14 days after the notice of objection is served on the applicant.\nThe response must be accompanied by a statement of the facts and issues relied on in support of the response.\nThe applicant must serve a copy of the response on the person who objected within 7 days after filing the response.\n(sec.26-ssec.1) The applicant may file a written response to an objection in the registry within 14 days after the notice of objection is served on the applicant.\n(sec.26-ssec.2) The response must be accompanied by a statement of the facts and issues relied on in support of the response.\n(sec.26-ssec.3) The applicant must serve a copy of the response on the person who objected within 7 days after filing the response.","sortOrder":36},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Notice of hearing and hearing","content":"## Notice of hearing and hearing","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Hearing application and objections— Act , s 894","content":"### sec.27 Hearing application and objections— Act , s 894\n\nThis section applies to an application under chapter 12 of the Act other than—\nan application made for the purpose of section 660 of the Act ; or\nan application for an election inquiry under section 688 of the Act .\nThe industrial tribunal that is to hear the application must—\nfix a time and place to hear the application and objections; and\ngive at least 7 days notice of the time and place of the hearing to each person who must be given an opportunity to be heard under section 894 of the Act .\n(sec.27-ssec.1) This section applies to an application under chapter 12 of the Act other than— an application made for the purpose of section 660 of the Act ; or an application for an election inquiry under section 688 of the Act .\n(sec.27-ssec.2) The industrial tribunal that is to hear the application must— fix a time and place to hear the application and objections; and give at least 7 days notice of the time and place of the hearing to each person who must be given an opportunity to be heard under section 894 of the Act .\n- (a) an application made for the purpose of section 660 of the Act ; or\n- (b) an application for an election inquiry under section 688 of the Act .\n- (a) fix a time and place to hear the application and objections; and\n- (b) give at least 7 days notice of the time and place of the hearing to each person who must be given an opportunity to be heard under section 894 of the Act .","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":"Notice of hearing","content":"### sec.28 Notice of hearing\n\nThis section applies to a hearing for—\ncancellation of an approval under section 638 of the Act ; and\namendment of rules under chapter 12 , part 6 , division 1 of the Act ; and\ncancellation of an exemption under section 824 of the Act ; and\na deregistration order under section 879 (3) of the Act .\nA notice under section 27 (2) (b) of the time and place of the hearing must also state the following information—\nif section 654 or 879 (3) (b) of the Act applies—the demarcation dispute undertaking to which the hearing relates;\nthe reasons for the proposed cancellation, amendment or deregistration order;\nIf the registrar considers an organisation’s rules contravene the Act , how the rules contravene the Act .\nany proposed amendments to the organisation’s rules;\nthat the organisation may make oral or written submissions to show why—\nthe exemption or approval should not be cancelled; or\nthe rules should not be amended; or\nthe deregistration order should not be made;\nthe person to whom the notice is given may file a written submission within a stated time.\n(sec.28-ssec.1) This section applies to a hearing for— cancellation of an approval under section 638 of the Act ; and amendment of rules under chapter 12 , part 6 , division 1 of the Act ; and cancellation of an exemption under section 824 of the Act ; and a deregistration order under section 879 (3) of the Act .\n(sec.28-ssec.2) A notice under section 27 (2) (b) of the time and place of the hearing must also state the following information— if section 654 or 879 (3) (b) of the Act applies—the demarcation dispute undertaking to which the hearing relates; the reasons for the proposed cancellation, amendment or deregistration order; If the registrar considers an organisation’s rules contravene the Act , how the rules contravene the Act . any proposed amendments to the organisation’s rules; that the organisation may make oral or written submissions to show why— the exemption or approval should not be cancelled; or the rules should not be amended; or the deregistration order should not be made; the person to whom the notice is given may file a written submission within a stated time.\n- (a) cancellation of an approval under section 638 of the Act ; and\n- (b) amendment of rules under chapter 12 , part 6 , division 1 of the Act ; and\n- (c) cancellation of an exemption under section 824 of the Act ; and\n- (d) a deregistration order under section 879 (3) of the Act .\n- (a) if section 654 or 879 (3) (b) of the Act applies—the demarcation dispute undertaking to which the hearing relates;\n- (b) the reasons for the proposed cancellation, amendment or deregistration order; Example of reasons for paragraph (b) — If the registrar considers an organisation’s rules contravene the Act , how the rules contravene the Act .\n- (c) any proposed amendments to the organisation’s rules;\n- (d) that the organisation may make oral or written submissions to show why— (i) the exemption or approval should not be cancelled; or (ii) the rules should not be amended; or (iii) the deregistration order should not be made;\n- (i) the exemption or approval should not be cancelled; or\n- (ii) the rules should not be amended; or\n- (iii) the deregistration order should not be made;\n- (e) the person to whom the notice is given may file a written submission within a stated time.\n- (i) the exemption or approval should not be cancelled; or\n- (ii) the rules should not be amended; or\n- (iii) the deregistration order should not be made;","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Opportunity to make written submissions","content":"### sec.29 Opportunity to make written submissions\n\nGiving a person an opportunity to be heard under section 894 of the Act includes giving the person an opportunity to make written submissions within a period decided by the tribunal.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Grounds objector may rely on","content":"### sec.30 Grounds objector may rely on\n\nAn objector may rely only on the grounds stated in the notice of objection given under section 25 .\nHowever, the tribunal may allow the objector to rely on another ground if—\nthe objector gives adequate reasons for doing so; and\nthe applicant is given an opportunity to be heard.\n(sec.30-ssec.1) An objector may rely only on the grounds stated in the notice of objection given under section 25 .\n(sec.30-ssec.2) However, the tribunal may allow the objector to rely on another ground if— the objector gives adequate reasons for doing so; and the applicant is given an opportunity to be heard.\n- (a) the objector gives adequate reasons for doing so; and\n- (b) the applicant is given an opportunity to be heard.","sortOrder":41},{"sectionNumber":"pt.9","sectionType":"part","heading":"Rules generally","content":"# Rules generally","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Cost of copy of rules— Act , s 616","content":"### sec.31 Cost of copy of rules— Act , s 616\n\nFor section 616 (2) of the Act , the amount is $5.00.","sortOrder":43},{"sectionNumber":"pt.10","sectionType":"part","heading":"Model election rules","content":"# Model election rules","sortOrder":44},{"sectionNumber":"sec.32","sectionType":"section","heading":"Model election rules— Act , s 642","content":"### sec.32 Model election rules— Act , s 642\n\nThe model election rules are in schedule 2 .","sortOrder":45},{"sectionNumber":"pt.11","sectionType":"part","heading":"Conduct of elections by organisation or branch","content":"# Conduct of elections by organisation or branch","sortOrder":46},{"sectionNumber":"sec.33","sectionType":"section","heading":"Prescribed information for elections— Act , s 669","content":"### sec.33 Prescribed information for elections— Act , s 669\n\nFor section 669 (1) of the Act , the information is as follows—\nthe name of each office for which an election is needed;\nwhether the election is because—\nthe term of the office will be ending; or\nthere is a casual vacancy in the office; or\nof a new office created under the organisation’s or branch’s rules;\nthe number of offices for election;\nif membership figures are used to calculate the number of offices, the figures when—\nmore than 1 office for which an election is needed has the same name; and\nthe number of the offices can, under the organisation’s or branch’s rules, be calculated before the prescribed day under subsection (4) ;\nif the electorate consists only of members of a branch, section or other division of an organisation—the name of the branch, section or division;\nthe day and time of the start and end of the term for each office for which an election is required;\nwhether the organisation or branch has adopted the model election rules without change;\nif the organisation or branch has not adopted the model election rules or has adopted the model election rules with changes—\nwhether the voting system for the election is a direct voting system or a collegiate electoral system; and\nhow the organisation’s or branch’s rules require the result of the election to be decided.\nThe information mentioned in subsection (1) (h) may be given by giving the registrar a copy of the provisions of the organisation’s or branch’s rules that contain the information.\nInformation mentioned in subsection (1) must be accompanied by a statement signed by an authorised officer of the organisation or branch stating the information is being filed under section 669 (1) of the Act .\nFor section 669 (2) of the Act , the day is the day that is 2 months before the first day on which a person may become a candidate in the election under the organisation’s or branch’s rules.\n(sec.33-ssec.1) For section 669 (1) of the Act , the information is as follows— the name of each office for which an election is needed; whether the election is because— the term of the office will be ending; or there is a casual vacancy in the office; or of a new office created under the organisation’s or branch’s rules; the number of offices for election; if membership figures are used to calculate the number of offices, the figures when— more than 1 office for which an election is needed has the same name; and the number of the offices can, under the organisation’s or branch’s rules, be calculated before the prescribed day under subsection (4) ; if the electorate consists only of members of a branch, section or other division of an organisation—the name of the branch, section or division; the day and time of the start and end of the term for each office for which an election is required; whether the organisation or branch has adopted the model election rules without change; if the organisation or branch has not adopted the model election rules or has adopted the model election rules with changes— whether the voting system for the election is a direct voting system or a collegiate electoral system; and how the organisation’s or branch’s rules require the result of the election to be decided.\n(sec.33-ssec.2) The information mentioned in subsection (1) (h) may be given by giving the registrar a copy of the provisions of the organisation’s or branch’s rules that contain the information.\n(sec.33-ssec.3) Information mentioned in subsection (1) must be accompanied by a statement signed by an authorised officer of the organisation or branch stating the information is being filed under section 669 (1) of the Act .\n(sec.33-ssec.4) For section 669 (2) of the Act , the day is the day that is 2 months before the first day on which a person may become a candidate in the election under the organisation’s or branch’s rules.\n- (a) the name of each office for which an election is needed;\n- (b) whether the election is because— (i) the term of the office will be ending; or (ii) there is a casual vacancy in the office; or (iii) of a new office created under the organisation’s or branch’s rules;\n- (i) the term of the office will be ending; or\n- (ii) there is a casual vacancy in the office; or\n- (iii) of a new office created under the organisation’s or branch’s rules;\n- (c) the number of offices for election;\n- (d) if membership figures are used to calculate the number of offices, the figures when— (i) more than 1 office for which an election is needed has the same name; and (ii) the number of the offices can, under the organisation’s or branch’s rules, be calculated before the prescribed day under subsection (4) ;\n- (i) more than 1 office for which an election is needed has the same name; and\n- (ii) the number of the offices can, under the organisation’s or branch’s rules, be calculated before the prescribed day under subsection (4) ;\n- (e) if the electorate consists only of members of a branch, section or other division of an organisation—the name of the branch, section or division;\n- (f) the day and time of the start and end of the term for each office for which an election is required;\n- (g) whether the organisation or branch has adopted the model election rules without change;\n- (h) if the organisation or branch has not adopted the model election rules or has adopted the model election rules with changes— (i) whether the voting system for the election is a direct voting system or a collegiate electoral system; and (ii) how the organisation’s or branch’s rules require the result of the election to be decided.\n- (i) whether the voting system for the election is a direct voting system or a collegiate electoral system; and\n- (ii) how the organisation’s or branch’s rules require the result of the election to be decided.\n- (i) the term of the office will be ending; or\n- (ii) there is a casual vacancy in the office; or\n- (iii) of a new office created under the organisation’s or branch’s rules;\n- (i) more than 1 office for which an election is needed has the same name; and\n- (ii) the number of the offices can, under the organisation’s or branch’s rules, be calculated before the prescribed day under subsection (4) ;\n- (i) whether the voting system for the election is a direct voting system or a collegiate electoral system; and\n- (ii) how the organisation’s or branch’s rules require the result of the election to be decided.","sortOrder":47},{"sectionNumber":"sec.34","sectionType":"section","heading":"Prescribed particulars for election or ballot result reports— s 118 and Act , ss 676 and 818","content":"### sec.34 Prescribed particulars for election or ballot result reports— s 118 and Act , ss 676 and 818\n\nThis section—\nsets out the particulars for section 118 ; and\nprescribes the particulars for an election result report under section 676 or 818 of the Act .\nThe particulars are as follows—\nhow many ballot papers were printed;\nhow many eligible members were on the roll for the election or ballot, including a supplementary roll;\nhow many ballot papers were given;\nhow many duplicate ballot papers were given;\nhow many ballot papers were not given;\nhow many ballot papers were returned other than as unclaimed mail;\nhow many ballot papers were returned as unclaimed mail;\nhow many ballot papers were not returned;\nhow many votes were informal;\nhow many votes were rejected for a reason other than being informal and the reason for each rejection;\nFor a postal vote, the voter’s voting declaration was—\nnot filled in or signed; or\nnot put in the return envelope; or\ntaken from the return envelope before the manager of the ballot received the return envelope.\nhow many ballot papers were counted;\nthe percentage of voters who voted;\nhow many formal votes were—\nfor an election—for each candidate; or\nfor a proposed amalgamation or withdrawal—for and against the proposal;\nif a preferential system of voting is used for an election—how many formal votes were for each candidate after distribution of preferences;\nif the report is a ballot result report under section 118 and votes about an alternative amalgamation were counted under section 114 (2) —\nthe number of votes for and against the alternative amalgamation; and\nthe number of votes that were informal.\n(sec.34-ssec.1) This section— sets out the particulars for section 118 ; and prescribes the particulars for an election result report under section 676 or 818 of the Act .\n(sec.34-ssec.2) The particulars are as follows— how many ballot papers were printed; how many eligible members were on the roll for the election or ballot, including a supplementary roll; how many ballot papers were given; how many duplicate ballot papers were given; how many ballot papers were not given; how many ballot papers were returned other than as unclaimed mail; how many ballot papers were returned as unclaimed mail; how many ballot papers were not returned; how many votes were informal; how many votes were rejected for a reason other than being informal and the reason for each rejection; For a postal vote, the voter’s voting declaration was— not filled in or signed; or not put in the return envelope; or taken from the return envelope before the manager of the ballot received the return envelope. how many ballot papers were counted; the percentage of voters who voted; how many formal votes were— for an election—for each candidate; or for a proposed amalgamation or withdrawal—for and against the proposal; if a preferential system of voting is used for an election—how many formal votes were for each candidate after distribution of preferences; if the report is a ballot result report under section 118 and votes about an alternative amalgamation were counted under section 114 (2) — the number of votes for and against the alternative amalgamation; and the number of votes that were informal.\n- (a) sets out the particulars for section 118 ; and\n- (b) prescribes the particulars for an election result report under section 676 or 818 of the Act .\n- (a) how many ballot papers were printed;\n- (b) how many eligible members were on the roll for the election or ballot, including a supplementary roll;\n- (c) how many ballot papers were given;\n- (d) how many duplicate ballot papers were given;\n- (e) how many ballot papers were not given;\n- (f) how many ballot papers were returned other than as unclaimed mail;\n- (g) how many ballot papers were returned as unclaimed mail;\n- (h) how many ballot papers were not returned;\n- (i) how many votes were informal;\n- (j) how many votes were rejected for a reason other than being informal and the reason for each rejection; Examples of reasons for rejection— For a postal vote, the voter’s voting declaration was— (a) not filled in or signed; or (b) not put in the return envelope; or (c) taken from the return envelope before the manager of the ballot received the return envelope.\n- (a) not filled in or signed; or\n- (b) not put in the return envelope; or\n- (c) taken from the return envelope before the manager of the ballot received the return envelope.\n- (k) how many ballot papers were counted;\n- (l) the percentage of voters who voted;\n- (m) how many formal votes were— (i) for an election—for each candidate; or (ii) for a proposed amalgamation or withdrawal—for and against the proposal;\n- (i) for an election—for each candidate; or\n- (ii) for a proposed amalgamation or withdrawal—for and against the proposal;\n- (n) if a preferential system of voting is used for an election—how many formal votes were for each candidate after distribution of preferences;\n- (o) if the report is a ballot result report under section 118 and votes about an alternative amalgamation were counted under section 114 (2) — (i) the number of votes for and against the alternative amalgamation; and (ii) the number of votes that were informal.\n- (i) the number of votes for and against the alternative amalgamation; and\n- (ii) the number of votes that were informal.\n- (a) not filled in or signed; or\n- (b) not put in the return envelope; or\n- (c) taken from the return envelope before the manager of the ballot received the return envelope.\n- (i) for an election—for each candidate; or\n- (ii) for a proposed amalgamation or withdrawal—for and against the proposal;\n- (i) the number of votes for and against the alternative amalgamation; and\n- (ii) the number of votes that were informal.","sortOrder":48},{"sectionNumber":"sec.35","sectionType":"section","heading":"Declaration of election or ballot result","content":"### sec.35 Declaration of election or ballot result\n\nThe manager of an election or ballot must—\nmake a signed declaration of the result of the election or ballot as soon as possible after the votes for the election or ballot are counted; and\nwithin 1 day of making the declaration, give a copy of it to—\nthe organisation, branch, or constituent part that the election or ballot was about; and\nfor an election—each candidate.\nThe declaration may be countersigned by a scrutineer.\n(sec.35-ssec.1) The manager of an election or ballot must— make a signed declaration of the result of the election or ballot as soon as possible after the votes for the election or ballot are counted; and within 1 day of making the declaration, give a copy of it to— the organisation, branch, or constituent part that the election or ballot was about; and for an election—each candidate.\n(sec.35-ssec.2) The declaration may be countersigned by a scrutineer.\n- (a) make a signed declaration of the result of the election or ballot as soon as possible after the votes for the election or ballot are counted; and\n- (b) within 1 day of making the declaration, give a copy of it to— (i) the organisation, branch, or constituent part that the election or ballot was about; and (ii) for an election—each candidate.\n- (i) the organisation, branch, or constituent part that the election or ballot was about; and\n- (ii) for an election—each candidate.\n- (i) the organisation, branch, or constituent part that the election or ballot was about; and\n- (ii) for an election—each candidate.","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Copies of result reports to be given","content":"### sec.36 Copies of result reports to be given\n\nThe manager of an election or ballot must, within 1 day of the giving of the report for the election under section 676 or 818 of the Act or the ballot under section 118 , give a copy of the report to—\nthe organisation, branch or constituent part that the election or ballot was about; and\nfor an election—each candidate who asks the manager for a copy of the report.\n- (a) the organisation, branch or constituent part that the election or ballot was about; and\n- (b) for an election—each candidate who asks the manager for a copy of the report.","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"Voters may ask for information about election or ballot","content":"### sec.37 Voters may ask for information about election or ballot\n\nA voter may ask a manager of an election or ballot to give stated information that—\nmay allow the voter to find out whether there has been an irregularity for the election or ballot; and\nis in the manager’s knowledge.\nwhether ballot papers were posted on the same day\nif all material required to be given to voters for a ballot was given\nThe manager must give the information to the voter.\nMaximum penalty—20 penalty units.\nHowever, subsection (2) does not make an electoral officer liable for an offence.\n(sec.37-ssec.1) A voter may ask a manager of an election or ballot to give stated information that— may allow the voter to find out whether there has been an irregularity for the election or ballot; and is in the manager’s knowledge. whether ballot papers were posted on the same day if all material required to be given to voters for a ballot was given\n(sec.37-ssec.2) The manager must give the information to the voter. Maximum penalty—20 penalty units.\n(sec.37-ssec.3) However, subsection (2) does not make an electoral officer liable for an offence.\n- (a) may allow the voter to find out whether there has been an irregularity for the election or ballot; and\n- (b) is in the manager’s knowledge.\n- • whether ballot papers were posted on the same day\n- • if all material required to be given to voters for a ballot was given","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"Unauthorised action in conducting election or ballot","content":"### sec.38 Unauthorised action in conducting election or ballot\n\nA person, other than the manager of an election or ballot, must not do, or purport to do, an act in the conduct of the ballot, unless authorised by the manager.\nMaximum penalty—20 penalty units.","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Ballot security","content":"### sec.39 Ballot security\n\nThe manager of an election or ballot must ensure each ballot paper for the election—\nhas a watermark or other distinctive pattern that prevents it from being reproduced other than by the manager or someone authorised by the manager; and\nis of a type of paper that hides a vote marked on it from view when it is folded once.\nMaximum penalty—20 penalty units.\nHowever, subsection (1) does not make an electoral officer liable for an offence.\n(sec.39-ssec.1) The manager of an election or ballot must ensure each ballot paper for the election— has a watermark or other distinctive pattern that prevents it from being reproduced other than by the manager or someone authorised by the manager; and is of a type of paper that hides a vote marked on it from view when it is folded once. Maximum penalty—20 penalty units.\n(sec.39-ssec.2) However, subsection (1) does not make an electoral officer liable for an offence.\n- (a) has a watermark or other distinctive pattern that prevents it from being reproduced other than by the manager or someone authorised by the manager; and\n- (b) is of a type of paper that hides a vote marked on it from view when it is folded once.","sortOrder":53},{"sectionNumber":"pt.12","sectionType":"part","heading":"Records and accounts","content":"# Records and accounts","sortOrder":54},{"sectionNumber":"sec.40","sectionType":"section","heading":"Requirements for financial policies— Act , s 740","content":"### sec.40 Requirements for financial policies— Act , s 740\n\nFor section 740 (1) of the Act , the requirements for an organisation’s policy are the requirements mentioned in schedule 3 .","sortOrder":55},{"sectionNumber":"sec.41","sectionType":"section","heading":"Procedure for issuing certificate about reporting units on registrar’s initiative— Act , s 757","content":"### sec.41 Procedure for issuing certificate about reporting units on registrar’s initiative— Act , s 757\n\nFor section 757 (1) (c) of the Act , the registrar must give the organisation written notice of the registrar’s intention to issue a certificate under section 755 of the Act .\nThe notice must state—\nthe reasons for the proposed division of the organisation on an alternative basis as mentioned in section 752 (3) of the Act ; and\nany proposed changes to the rules under section 757 (3) of the Act ; and\nthat a reporting unit affected by the proposed alternative division has the opportunity to be heard under section 43 on the proposed changes to the rules.\n(sec.41-ssec.1) For section 757 (1) (c) of the Act , the registrar must give the organisation written notice of the registrar’s intention to issue a certificate under section 755 of the Act .\n(sec.41-ssec.2) The notice must state— the reasons for the proposed division of the organisation on an alternative basis as mentioned in section 752 (3) of the Act ; and any proposed changes to the rules under section 757 (3) of the Act ; and that a reporting unit affected by the proposed alternative division has the opportunity to be heard under section 43 on the proposed changes to the rules.\n- (a) the reasons for the proposed division of the organisation on an alternative basis as mentioned in section 752 (3) of the Act ; and\n- (b) any proposed changes to the rules under section 757 (3) of the Act ; and\n- (c) that a reporting unit affected by the proposed alternative division has the opportunity to be heard under section 43 on the proposed changes to the rules.","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":"Procedure for revoking certificate— Act , s 759","content":"### sec.42 Procedure for revoking certificate— Act , s 759\n\nFor section 759 (6) (b) of the Act , the registrar must give each reporting unit of an organisation written notice of—\nthe registrar’s intention to revoke a certificate issued to the organisation; and\nany proposed rule changes.\nThe notice must state—\nthe reasons for the proposed revocation; and\nthat a reporting unit affected by the revocation has the opportunity to be heard under section 43 on the proposed rule changes.\n(sec.42-ssec.1) For section 759 (6) (b) of the Act , the registrar must give each reporting unit of an organisation written notice of— the registrar’s intention to revoke a certificate issued to the organisation; and any proposed rule changes.\n(sec.42-ssec.2) The notice must state— the reasons for the proposed revocation; and that a reporting unit affected by the revocation has the opportunity to be heard under section 43 on the proposed rule changes.\n- (a) the registrar’s intention to revoke a certificate issued to the organisation; and\n- (b) any proposed rule changes.\n- (a) the reasons for the proposed revocation; and\n- (b) that a reporting unit affected by the revocation has the opportunity to be heard under section 43 on the proposed rule changes.","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Opportunity to be heard about rule changes— Act , ss 757 and 759","content":"### sec.43 Opportunity to be heard about rule changes— Act , ss 757 and 759\n\nFor sections 757 (4) and 759 (8) of the Act , the registrar must, for the purpose of giving an organisation and an affected reporting unit an opportunity to be heard on a matter—\nfix a time and a place for a hearing on the matter; and\ngive the organisation and each reporting unit, at least 7 days before the hearing, a written notice stating—\nthe matter that is to be heard; and\nthe time and place for the hearing; and\nthat the organisation and an affected reporting unit have the right to make submissions to the registrar about the matter; and\nhow submissions may be made.\nThe organisation and an affected reporting unit may make submissions to the registrar by—\ngiving the registrar written submissions at least 2 days before the hearing; or\nappearing at the hearing and making oral submissions.\n(sec.43-ssec.1) For sections 757 (4) and 759 (8) of the Act , the registrar must, for the purpose of giving an organisation and an affected reporting unit an opportunity to be heard on a matter— fix a time and a place for a hearing on the matter; and give the organisation and each reporting unit, at least 7 days before the hearing, a written notice stating— the matter that is to be heard; and the time and place for the hearing; and that the organisation and an affected reporting unit have the right to make submissions to the registrar about the matter; and how submissions may be made.\n(sec.43-ssec.2) The organisation and an affected reporting unit may make submissions to the registrar by— giving the registrar written submissions at least 2 days before the hearing; or appearing at the hearing and making oral submissions.\n- (a) fix a time and a place for a hearing on the matter; and\n- (b) give the organisation and each reporting unit, at least 7 days before the hearing, a written notice stating— (i) the matter that is to be heard; and (ii) the time and place for the hearing; and (iii) that the organisation and an affected reporting unit have the right to make submissions to the registrar about the matter; and (iv) how submissions may be made.\n- (i) the matter that is to be heard; and\n- (ii) the time and place for the hearing; and\n- (iii) that the organisation and an affected reporting unit have the right to make submissions to the registrar about the matter; and\n- (iv) how submissions may be made.\n- (i) the matter that is to be heard; and\n- (ii) the time and place for the hearing; and\n- (iii) that the organisation and an affected reporting unit have the right to make submissions to the registrar about the matter; and\n- (iv) how submissions may be made.\n- (a) giving the registrar written submissions at least 2 days before the hearing; or\n- (b) appearing at the hearing and making oral submissions.","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Information for concise financial report— Act , s 778","content":"### sec.44 Information for concise financial report— Act , s 778\n\nFor section 778 (3) (a) of the Act , a concise financial report must include—\nthe following financial statements included in the general purpose financial report—\na profit and loss statement, or other operating statement;\na balance sheet;\na statement of cash flows; and\ndisclosure of information for the previous financial year corresponding to the disclosures made for the financial year to which the report relates; and\nthe principal factors affecting the financial performance, financial position and financial and investing activities of the reporting unit; and\nreports or statements mentioned in section 763 (2) (c) of the Act included in the general purpose financial report; and\na statement that the concise financial report has been derived from the full report and cannot be expected to give as full an understanding of the financial performance, financial position and financial and investing activities of the reporting unit as the full report; and\nthe notice mentioned in section 787 (6) of the Act .\nA concise report may include other information from the full report.\nIn this section—\nfull report means a report mentioned in section 778 (1) (a) of the Act .\n(sec.44-ssec.1) For section 778 (3) (a) of the Act , a concise financial report must include— the following financial statements included in the general purpose financial report— a profit and loss statement, or other operating statement; a balance sheet; a statement of cash flows; and disclosure of information for the previous financial year corresponding to the disclosures made for the financial year to which the report relates; and the principal factors affecting the financial performance, financial position and financial and investing activities of the reporting unit; and reports or statements mentioned in section 763 (2) (c) of the Act included in the general purpose financial report; and a statement that the concise financial report has been derived from the full report and cannot be expected to give as full an understanding of the financial performance, financial position and financial and investing activities of the reporting unit as the full report; and the notice mentioned in section 787 (6) of the Act .\n(sec.44-ssec.2) A concise report may include other information from the full report.\n(sec.44-ssec.3) In this section— full report means a report mentioned in section 778 (1) (a) of the Act .\n- (a) the following financial statements included in the general purpose financial report— (i) a profit and loss statement, or other operating statement; (ii) a balance sheet; (iii) a statement of cash flows; and\n- (i) a profit and loss statement, or other operating statement;\n- (ii) a balance sheet;\n- (iii) a statement of cash flows; and\n- (b) disclosure of information for the previous financial year corresponding to the disclosures made for the financial year to which the report relates; and\n- (c) the principal factors affecting the financial performance, financial position and financial and investing activities of the reporting unit; and\n- (d) reports or statements mentioned in section 763 (2) (c) of the Act included in the general purpose financial report; and\n- (e) a statement that the concise financial report has been derived from the full report and cannot be expected to give as full an understanding of the financial performance, financial position and financial and investing activities of the reporting unit as the full report; and\n- (f) the notice mentioned in section 787 (6) of the Act .\n- (i) a profit and loss statement, or other operating statement;\n- (ii) a balance sheet;\n- (iii) a statement of cash flows; and","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"Period to prepare general purpose financial report— Act , s 785","content":"### sec.45 Period to prepare general purpose financial report— Act , s 785\n\nFor section 785 (5) of the Act , the period is as soon as practicable after the end of the financial year.","sortOrder":60},{"sectionNumber":"sec.46","sectionType":"section","heading":"Certificate for general purpose financial report— Act , s 785","content":"### sec.46 Certificate for general purpose financial report— Act , s 785\n\nFor section 785 (8) (b) of the Act , the certificate must certify whether, in the opinion of the designated officer—\nall requirements prescribed under the Act for establishing and keeping the ORU’s accounts have been complied with in all material respects during the financial year; and\nthe general purpose financial statement presents a true and fair view, in compliance with the prescribed accounting standards, of the ORU’s transactions for the financial year and the financial position at the end of the year.\n- (a) all requirements prescribed under the Act for establishing and keeping the ORU’s accounts have been complied with in all material respects during the financial year; and\n- (b) the general purpose financial statement presents a true and fair view, in compliance with the prescribed accounting standards, of the ORU’s transactions for the financial year and the financial position at the end of the year.","sortOrder":61},{"sectionNumber":"sec.47","sectionType":"section","heading":"Information about reporting unit— Act , s 787","content":"### sec.47 Information about reporting unit— Act , s 787\n\nFor section 787 (1) of the Act , the information is the information mentioned in schedule 4 .","sortOrder":62},{"sectionNumber":"pt.13","sectionType":"part","heading":"Amalgamations and withdrawals","content":"# Amalgamations and withdrawals","sortOrder":63},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Federations","content":"## Federations","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"Application for recognition as federation","content":"### sec.48 Application for recognition as federation\n\nExisting organisations may jointly apply to the commission for recognition as a federation.\nThe application must—\nbe filed in the registry before the existing organisations make a ballot application for a proposed amalgamation; and\ninclude the following particulars—\nthe proposed federation’s name;\nthe names of the existing organisations proposed to be constituent organisations of the proposed federation;\nthe proposed federation’s address for service;\nthe names of the proposed officers of the federation; and\nbe accompanied by a copy of—\nthe proposed federation’s rules; or\nthe agreement about the proposed federation’s functions and powers.\nThe commission must allow the application if satisfied the existing organisations intend to make a ballot application for the proposed amalgamation within 3 years after being recognised as a federation.\nIf the application is allowed, the registrar must enter the following particulars in the register kept under section 614 (1) (a) of the Act —\nthe federation’s name;\nits constituent organisations’ names.\n(sec.48-ssec.1) Existing organisations may jointly apply to the commission for recognition as a federation.\n(sec.48-ssec.2) The application must— be filed in the registry before the existing organisations make a ballot application for a proposed amalgamation; and include the following particulars— the proposed federation’s name; the names of the existing organisations proposed to be constituent organisations of the proposed federation; the proposed federation’s address for service; the names of the proposed officers of the federation; and be accompanied by a copy of— the proposed federation’s rules; or the agreement about the proposed federation’s functions and powers.\n(sec.48-ssec.3) The commission must allow the application if satisfied the existing organisations intend to make a ballot application for the proposed amalgamation within 3 years after being recognised as a federation.\n(sec.48-ssec.4) If the application is allowed, the registrar must enter the following particulars in the register kept under section 614 (1) (a) of the Act — the federation’s name; its constituent organisations’ names.\n- (a) be filed in the registry before the existing organisations make a ballot application for a proposed amalgamation; and\n- (b) include the following particulars— (i) the proposed federation’s name; (ii) the names of the existing organisations proposed to be constituent organisations of the proposed federation; (iii) the proposed federation’s address for service; (iv) the names of the proposed officers of the federation; and\n- (i) the proposed federation’s name;\n- (ii) the names of the existing organisations proposed to be constituent organisations of the proposed federation;\n- (iii) the proposed federation’s address for service;\n- (iv) the names of the proposed officers of the federation; and\n- (c) be accompanied by a copy of— (i) the proposed federation’s rules; or (ii) the agreement about the proposed federation’s functions and powers.\n- (i) the proposed federation’s rules; or\n- (ii) the agreement about the proposed federation’s functions and powers.\n- (i) the proposed federation’s name;\n- (ii) the names of the existing organisations proposed to be constituent organisations of the proposed federation;\n- (iii) the proposed federation’s address for service;\n- (iv) the names of the proposed officers of the federation; and\n- (i) the proposed federation’s rules; or\n- (ii) the agreement about the proposed federation’s functions and powers.\n- (a) the federation’s name;\n- (b) its constituent organisations’ names.","sortOrder":65},{"sectionNumber":"sec.49","sectionType":"section","heading":"Representation by federation","content":"### sec.49 Representation by federation\n\nAfter it is recognised, a federation may represent its constituent organisations and the members of the constituent organisations under the Act .\nHowever—\nan organisation belonging to a federation may still represent itself or its members; and\na federation may not become a party to an industrial instrument.\n(sec.49-ssec.1) After it is recognised, a federation may represent its constituent organisations and the members of the constituent organisations under the Act .\n(sec.49-ssec.2) However— an organisation belonging to a federation may still represent itself or its members; and a federation may not become a party to an industrial instrument.\n- (a) an organisation belonging to a federation may still represent itself or its members; and\n- (b) a federation may not become a party to an industrial instrument.","sortOrder":66},{"sectionNumber":"sec.50","sectionType":"section","heading":"Amendment of federation’s composition","content":"### sec.50 Amendment of federation’s composition\n\nA federation may, with the commission’s approval, amend its composition—\nif another organisation intends to become concerned in the proposed amalgamation—to include the organisation; or\nto release an organisation from the federation.\nIf a federation amends its composition, the registrar must enter particulars of the amendment in the register kept under section 614 (1) (a) of the Act .\n(sec.50-ssec.1) A federation may, with the commission’s approval, amend its composition— if another organisation intends to become concerned in the proposed amalgamation—to include the organisation; or to release an organisation from the federation.\n(sec.50-ssec.2) If a federation amends its composition, the registrar must enter particulars of the amendment in the register kept under section 614 (1) (a) of the Act .\n- (a) if another organisation intends to become concerned in the proposed amalgamation—to include the organisation; or\n- (b) to release an organisation from the federation.","sortOrder":67},{"sectionNumber":"sec.51","sectionType":"section","heading":"When federation ends","content":"### sec.51 When federation ends\n\nA federation ends—\non the amalgamation day for the proposed amalgamation; or\nif a ballot application for the proposed amalgamation is not made within 3 years after the existing organisations were recognised as a federation—on the day after the end of that period; or\nif, on an application by the Minister or by a person the full bench considers is an interested person, a full bench decides the achievement of an object of this Act is being prevented by the industrial conduct of the federation or any of its constituent organisations—on the day the decision is made.\n- (a) on the amalgamation day for the proposed amalgamation; or\n- (b) if a ballot application for the proposed amalgamation is not made within 3 years after the existing organisations were recognised as a federation—on the day after the end of that period; or\n- (c) if, on an application by the Minister or by a person the full bench considers is an interested person, a full bench decides the achievement of an object of this Act is being prevented by the industrial conduct of the federation or any of its constituent organisations—on the day the decision is made.","sortOrder":68},{"sectionNumber":"sec.52","sectionType":"section","heading":"Change in particulars, rules or agreement for federation","content":"### sec.52 Change in particulars, rules or agreement for federation\n\nThis section applies to a federation if there is a change in—\na particular mentioned in section 48 (2) (b) ; or\nthe federation’s rules; or\nthe agreement about the federation’s functions and powers.\nWithin 28 days after the change, the federation is to file in the registry a statement including the details of the change.\n(sec.52-ssec.1) This section applies to a federation if there is a change in— a particular mentioned in section 48 (2) (b) ; or the federation’s rules; or the agreement about the federation’s functions and powers.\n(sec.52-ssec.2) Within 28 days after the change, the federation is to file in the registry a statement including the details of the change.\n- (a) a particular mentioned in section 48 (2) (b) ; or\n- (b) the federation’s rules; or\n- (c) the agreement about the federation’s functions and powers.","sortOrder":69},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Community of interest declaration","content":"## Community of interest declaration","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"Community of interest declaration for amalgamation","content":"### sec.53 Community of interest declaration for amalgamation\n\nExisting organisations for a proposed amalgamation may jointly apply to the commission for a declaration under this section.\nThe application must—\nstate the grounds on which it is made; and\nnominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, a proposed amalgamation and each proposed alternative amalgamation; and\nbe signed by the president or secretary of each joint applicant; and\nbe accompanied by a copy of each resolution for the proposed amalgamation under section 56 (4) , signed by the president or secretary of the applicant whose management committee passed it; and\nbe filed in the registry before or with the ballot application for the proposed amalgamation.\nService of a document on the person nominated for subsection (2) (b) is taken to be service on each of the applicants.\nIf the application is filed before the ballot application, the commission must promptly fix a time and place to hear submissions on the application.\nIf, after a hearing under this section or section 79 , the commission is satisfied there is a community of interest between the existing organisations about the existing organisations’ industrial interests, it must make a declaration to that effect.\nThere is a community of interest between existing organisations about the existing organisations’ industrial interests if—\na substantial number of members of 1 of the organisations are—\neligible to become members of the other organisation or each of the other organisations; or\nengaged in the same work or industry or in aspects of the same or similar work or industry as members ( other members ) of the other organisation or each of the other organisations; or\nbound by the same industrial instruments as other members; or\nfor an employee organisation—employed in the same or similar work by employers engaged in the same industry as other members; or\nthe commission is otherwise satisfied there is a community of interest.\n(sec.53-ssec.1) Existing organisations for a proposed amalgamation may jointly apply to the commission for a declaration under this section.\n(sec.53-ssec.2) The application must— state the grounds on which it is made; and nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, a proposed amalgamation and each proposed alternative amalgamation; and be signed by the president or secretary of each joint applicant; and be accompanied by a copy of each resolution for the proposed amalgamation under section 56 (4) , signed by the president or secretary of the applicant whose management committee passed it; and be filed in the registry before or with the ballot application for the proposed amalgamation.\n(sec.53-ssec.3) Service of a document on the person nominated for subsection (2) (b) is taken to be service on each of the applicants.\n(sec.53-ssec.4) If the application is filed before the ballot application, the commission must promptly fix a time and place to hear submissions on the application.\n(sec.53-ssec.5) If, after a hearing under this section or section 79 , the commission is satisfied there is a community of interest between the existing organisations about the existing organisations’ industrial interests, it must make a declaration to that effect.\n(sec.53-ssec.6) There is a community of interest between existing organisations about the existing organisations’ industrial interests if— a substantial number of members of 1 of the organisations are— eligible to become members of the other organisation or each of the other organisations; or engaged in the same work or industry or in aspects of the same or similar work or industry as members ( other members ) of the other organisation or each of the other organisations; or bound by the same industrial instruments as other members; or for an employee organisation—employed in the same or similar work by employers engaged in the same industry as other members; or the commission is otherwise satisfied there is a community of interest.\n- (a) state the grounds on which it is made; and\n- (b) nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, a proposed amalgamation and each proposed alternative amalgamation; and\n- (c) be signed by the president or secretary of each joint applicant; and\n- (d) be accompanied by a copy of each resolution for the proposed amalgamation under section 56 (4) , signed by the president or secretary of the applicant whose management committee passed it; and\n- (e) be filed in the registry before or with the ballot application for the proposed amalgamation.\n- (a) a substantial number of members of 1 of the organisations are— (i) eligible to become members of the other organisation or each of the other organisations; or (ii) engaged in the same work or industry or in aspects of the same or similar work or industry as members ( other members ) of the other organisation or each of the other organisations; or (iii) bound by the same industrial instruments as other members; or (iv) for an employee organisation—employed in the same or similar work by employers engaged in the same industry as other members; or\n- (i) eligible to become members of the other organisation or each of the other organisations; or\n- (ii) engaged in the same work or industry or in aspects of the same or similar work or industry as members ( other members ) of the other organisation or each of the other organisations; or\n- (iii) bound by the same industrial instruments as other members; or\n- (iv) for an employee organisation—employed in the same or similar work by employers engaged in the same industry as other members; or\n- (b) the commission is otherwise satisfied there is a community of interest.\n- (i) eligible to become members of the other organisation or each of the other organisations; or\n- (ii) engaged in the same work or industry or in aspects of the same or similar work or industry as members ( other members ) of the other organisation or each of the other organisations; or\n- (iii) bound by the same industrial instruments as other members; or\n- (iv) for an employee organisation—employed in the same or similar work by employers engaged in the same industry as other members; or","sortOrder":71},{"sectionNumber":"sec.54","sectionType":"section","heading":"End of declaration","content":"### sec.54 End of declaration\n\nA community of interest declaration ends if—\nthe application for the declaration was filed before a ballot application for the proposed amalgamation is filed; and\na ballot application for the proposed amalgamation is not filed within 6 months after the declaration.\nThe commission may revoke a community of interest declaration if satisfied there is no longer a community of interest between the existing organisations about the existing organisations’ industrial interests.\n(sec.54-ssec.1) A community of interest declaration ends if— the application for the declaration was filed before a ballot application for the proposed amalgamation is filed; and a ballot application for the proposed amalgamation is not filed within 6 months after the declaration.\n(sec.54-ssec.2) The commission may revoke a community of interest declaration if satisfied there is no longer a community of interest between the existing organisations about the existing organisations’ industrial interests.\n- (a) the application for the declaration was filed before a ballot application for the proposed amalgamation is filed; and\n- (b) a ballot application for the proposed amalgamation is not filed within 6 months after the declaration.","sortOrder":72},{"sectionNumber":"pt.13-div.3","sectionType":"division","heading":"Acting for constituent part","content":"## Acting for constituent part","sortOrder":73},{"sectionNumber":"sec.55","sectionType":"section","heading":"Who may act for constituent part","content":"### sec.55 Who may act for constituent part\n\nAnything that must or may be done under this part by a constituent part must or may be done by—\na management committee of the constituent part; or\nif there is no management committee of the constituent part—the representative constituent member.\n- (a) a management committee of the constituent part; or\n- (b) if there is no management committee of the constituent part—the representative constituent member.","sortOrder":74},{"sectionNumber":"pt.13-div.4","sectionType":"division","heading":"Amalgamation and withdrawal schemes","content":"## Amalgamation and withdrawal schemes","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Management committee approval","content":"### sec.56 Management committee approval\n\nA scheme for a proposed amalgamation and any changes to the scheme must be approved by each existing organisation the scheme is about.\nA scheme for a proposed withdrawal and any changes to the scheme must be approved by the constituent part seeking to withdraw.\nAn approval under subsection (1) may be given only by the organisation’s management committee.\nThe management committee’s approval must be by resolution.\nDespite an existing organisation’s rules, the following are taken to have been made under its rules if approved by its management committee’s resolution—\na scheme;\na scheme amendment;\na proposed amendment of its rules in a scheme.\n(sec.56-ssec.1) A scheme for a proposed amalgamation and any changes to the scheme must be approved by each existing organisation the scheme is about.\n(sec.56-ssec.2) A scheme for a proposed withdrawal and any changes to the scheme must be approved by the constituent part seeking to withdraw.\n(sec.56-ssec.3) An approval under subsection (1) may be given only by the organisation’s management committee.\n(sec.56-ssec.4) The management committee’s approval must be by resolution.\n(sec.56-ssec.5) Despite an existing organisation’s rules, the following are taken to have been made under its rules if approved by its management committee’s resolution— a scheme; a scheme amendment; a proposed amendment of its rules in a scheme.\n- (a) a scheme;\n- (b) a scheme amendment;\n- (c) a proposed amendment of its rules in a scheme.","sortOrder":76},{"sectionNumber":"sec.57","sectionType":"section","heading":"Amalgamation or withdrawal scheme","content":"### sec.57 Amalgamation or withdrawal scheme\n\nThe scheme for a proposed amalgamation must state the following—\nthe general nature of the amalgamation, showing—\nthe existing organisations; and\nif an existing organisation is the proposed amalgamated organisation—that fact; and\nif an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and its name; and\nthe organisations that are proposed to be deregistered;\nthat all members of the proposed deregistering organisations are to become, on amalgamation, without payment of an entrance fee, members of the amalgamated organisation;\nif it is proposed to change an existing organisation’s name—particulars of the proposed change;\nif it is proposed to amend an existing organisation’s eligibility and other rules—particulars of the proposed amendments;\nif an association is proposed to be registered as an organisation—its eligibility and other rules;\nif it is proposed to change an existing organisation’s list of callings—particulars of the proposed change;\nthe arrangements that will exist on amalgamation for the property of the proposed deregistering organisations;\nthe arrangements that will exist on amalgamation for the liabilities of the proposed deregistering organisations.\nThe scheme for a proposed withdrawal must state the following—\nthe general nature of the withdrawal, showing—\nthe amalgamated organisation; and\nthe name and rules of the proposed newly registered organisation;\nthat all constituent members are to become on withdrawal, without payment of an entrance fee, members of the newly registered organisation.\nSubsections (1) and (2) do not limit the matters stated in a scheme.\n(sec.57-ssec.1) The scheme for a proposed amalgamation must state the following— the general nature of the amalgamation, showing— the existing organisations; and if an existing organisation is the proposed amalgamated organisation—that fact; and if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and its name; and the organisations that are proposed to be deregistered; that all members of the proposed deregistering organisations are to become, on amalgamation, without payment of an entrance fee, members of the amalgamated organisation; if it is proposed to change an existing organisation’s name—particulars of the proposed change; if it is proposed to amend an existing organisation’s eligibility and other rules—particulars of the proposed amendments; if an association is proposed to be registered as an organisation—its eligibility and other rules; if it is proposed to change an existing organisation’s list of callings—particulars of the proposed change; the arrangements that will exist on amalgamation for the property of the proposed deregistering organisations; the arrangements that will exist on amalgamation for the liabilities of the proposed deregistering organisations.\n(sec.57-ssec.2) The scheme for a proposed withdrawal must state the following— the general nature of the withdrawal, showing— the amalgamated organisation; and the name and rules of the proposed newly registered organisation; that all constituent members are to become on withdrawal, without payment of an entrance fee, members of the newly registered organisation.\n(sec.57-ssec.3) Subsections (1) and (2) do not limit the matters stated in a scheme.\n- (a) the general nature of the amalgamation, showing— (i) the existing organisations; and (ii) if an existing organisation is the proposed amalgamated organisation—that fact; and (iii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and its name; and (iv) the organisations that are proposed to be deregistered;\n- (i) the existing organisations; and\n- (ii) if an existing organisation is the proposed amalgamated organisation—that fact; and\n- (iii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and its name; and\n- (iv) the organisations that are proposed to be deregistered;\n- (b) that all members of the proposed deregistering organisations are to become, on amalgamation, without payment of an entrance fee, members of the amalgamated organisation;\n- (c) if it is proposed to change an existing organisation’s name—particulars of the proposed change;\n- (d) if it is proposed to amend an existing organisation’s eligibility and other rules—particulars of the proposed amendments;\n- (e) if an association is proposed to be registered as an organisation—its eligibility and other rules;\n- (f) if it is proposed to change an existing organisation’s list of callings—particulars of the proposed change;\n- (g) the arrangements that will exist on amalgamation for the property of the proposed deregistering organisations;\n- (h) the arrangements that will exist on amalgamation for the liabilities of the proposed deregistering organisations.\n- (i) the existing organisations; and\n- (ii) if an existing organisation is the proposed amalgamated organisation—that fact; and\n- (iii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and its name; and\n- (iv) the organisations that are proposed to be deregistered;\n- (a) the general nature of the withdrawal, showing— (i) the amalgamated organisation; and (ii) the name and rules of the proposed newly registered organisation;\n- (i) the amalgamated organisation; and\n- (ii) the name and rules of the proposed newly registered organisation;\n- (b) that all constituent members are to become on withdrawal, without payment of an entrance fee, members of the newly registered organisation.\n- (i) the amalgamated organisation; and\n- (ii) the name and rules of the proposed newly registered organisation;","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Alternative schemes for amalgamation","content":"### sec.58 Alternative schemes for amalgamation\n\nA scheme for a proposed amalgamation of 3 or more existing organisations may have 1 or more alternative schemes for an alternative amalgamation of 2 or more of the existing organisations.\nEach alternative scheme must be approved by each existing organisation the alternative amalgamation is about.\nEach alternative scheme must show details of the differences between—\nthe proposed amalgamation and each proposed alternative amalgamation; and\na proposed organisation’s rules, and proposed amendments to the existing organisations’ rules, under—\nthe proposed amalgamation; and\neach proposed alternative amalgamation.\n(sec.58-ssec.1) A scheme for a proposed amalgamation of 3 or more existing organisations may have 1 or more alternative schemes for an alternative amalgamation of 2 or more of the existing organisations.\n(sec.58-ssec.2) Each alternative scheme must be approved by each existing organisation the alternative amalgamation is about.\n(sec.58-ssec.3) Each alternative scheme must show details of the differences between— the proposed amalgamation and each proposed alternative amalgamation; and a proposed organisation’s rules, and proposed amendments to the existing organisations’ rules, under— the proposed amalgamation; and each proposed alternative amalgamation.\n- (a) the proposed amalgamation and each proposed alternative amalgamation; and\n- (b) a proposed organisation’s rules, and proposed amendments to the existing organisations’ rules, under— (i) the proposed amalgamation; and (ii) each proposed alternative amalgamation.\n- (i) the proposed amalgamation; and\n- (ii) each proposed alternative amalgamation.\n- (i) the proposed amalgamation; and\n- (ii) each proposed alternative amalgamation.","sortOrder":78},{"sectionNumber":"sec.59","sectionType":"section","heading":"Amending schemes","content":"### sec.59 Amending schemes\n\nThe commission may, before a ballot for a proposed amalgamation starts, permit the existing organisations for the amalgamation to amend the amalgamation scheme.\nThe commission may, before a ballot for a proposed withdrawal starts, permit a constituent part to amend the withdrawal scheme.\nThe permission may—\nfor a permission to amend a proposed amalgamated organisation’s rules—allow the amendment to be made by resolutions of the existing organisations’ management committees—\nas far as the amendment affects the proposed amalgamated organisation or its rules; and\ndespite the proposed amalgamated organisation’s rules; and\nfor a permission to amend an existing organisation’s rules—despite the rules, allow the existing organisation by a resolution of its management committee to amend the rules, other than a proposed amalgamated organisation’s rules; and\nfor a permission to amend the rules of a proposed newly registered organisation—allow the amendment to be made by the constituent part—\nas far as the amendment affects the proposed newly registered organisation or its rules; and\ndespite the proposed newly registered organisation’s rules; and\nprovide for procedures that, despite an organisation’s rules, may or must be followed by a management committee or a constituent part; and\nbe given on conditions stated by the commission.\nIf the commission gives the permission on conditions and the conditions are contravened, the commission may—\namend the scheme; or\ngive directions or make orders about—\nholding the ballot; or\nprocedures for the amalgamation or withdrawal.\nSubsection (4) does not limit the commission’s other powers.\nIf a scheme is amended, whether under this section or otherwise, the scheme outline must be amended to reflect the amendment.\n(sec.59-ssec.1) The commission may, before a ballot for a proposed amalgamation starts, permit the existing organisations for the amalgamation to amend the amalgamation scheme.\n(sec.59-ssec.2) The commission may, before a ballot for a proposed withdrawal starts, permit a constituent part to amend the withdrawal scheme.\n(sec.59-ssec.3) The permission may— for a permission to amend a proposed amalgamated organisation’s rules—allow the amendment to be made by resolutions of the existing organisations’ management committees— as far as the amendment affects the proposed amalgamated organisation or its rules; and despite the proposed amalgamated organisation’s rules; and for a permission to amend an existing organisation’s rules—despite the rules, allow the existing organisation by a resolution of its management committee to amend the rules, other than a proposed amalgamated organisation’s rules; and for a permission to amend the rules of a proposed newly registered organisation—allow the amendment to be made by the constituent part— as far as the amendment affects the proposed newly registered organisation or its rules; and despite the proposed newly registered organisation’s rules; and provide for procedures that, despite an organisation’s rules, may or must be followed by a management committee or a constituent part; and be given on conditions stated by the commission.\n(sec.59-ssec.4) If the commission gives the permission on conditions and the conditions are contravened, the commission may— amend the scheme; or give directions or make orders about— holding the ballot; or procedures for the amalgamation or withdrawal.\n(sec.59-ssec.5) Subsection (4) does not limit the commission’s other powers.\n(sec.59-ssec.6) If a scheme is amended, whether under this section or otherwise, the scheme outline must be amended to reflect the amendment.\n- (a) for a permission to amend a proposed amalgamated organisation’s rules—allow the amendment to be made by resolutions of the existing organisations’ management committees— (i) as far as the amendment affects the proposed amalgamated organisation or its rules; and (ii) despite the proposed amalgamated organisation’s rules; and\n- (i) as far as the amendment affects the proposed amalgamated organisation or its rules; and\n- (ii) despite the proposed amalgamated organisation’s rules; and\n- (b) for a permission to amend an existing organisation’s rules—despite the rules, allow the existing organisation by a resolution of its management committee to amend the rules, other than a proposed amalgamated organisation’s rules; and\n- (c) for a permission to amend the rules of a proposed newly registered organisation—allow the amendment to be made by the constituent part— (i) as far as the amendment affects the proposed newly registered organisation or its rules; and (ii) despite the proposed newly registered organisation’s rules; and\n- (i) as far as the amendment affects the proposed newly registered organisation or its rules; and\n- (ii) despite the proposed newly registered organisation’s rules; and\n- (d) provide for procedures that, despite an organisation’s rules, may or must be followed by a management committee or a constituent part; and\n- (e) be given on conditions stated by the commission.\n- (i) as far as the amendment affects the proposed amalgamated organisation or its rules; and\n- (ii) despite the proposed amalgamated organisation’s rules; and\n- (i) as far as the amendment affects the proposed newly registered organisation or its rules; and\n- (ii) despite the proposed newly registered organisation’s rules; and\n- (a) amend the scheme; or\n- (b) give directions or make orders about— (i) holding the ballot; or (ii) procedures for the amalgamation or withdrawal.\n- (i) holding the ballot; or\n- (ii) procedures for the amalgamation or withdrawal.\n- (i) holding the ballot; or\n- (ii) procedures for the amalgamation or withdrawal.","sortOrder":79},{"sectionNumber":"sec.60","sectionType":"section","heading":"Scheme outlines","content":"### sec.60 Scheme outlines\n\nA scheme outline must be no more than 3,000 words, unless the commission approves otherwise.\nThe outline may, if the commission approves, include things other than words, including, for example, diagrams, illustrations and photographs.\nThe commission may, before an amalgamation ballot begins, allow the existing organisations seeking amalgamation to amend the outline.\nThe commission may, before a withdrawal ballot begins, allow the constituent part seeking withdrawal to amend the outline.\nThe commission may amend the outline to—\ncorrect factual errors; or\nensure it complies with the Act .\n(sec.60-ssec.1) A scheme outline must be no more than 3,000 words, unless the commission approves otherwise.\n(sec.60-ssec.2) The outline may, if the commission approves, include things other than words, including, for example, diagrams, illustrations and photographs.\n(sec.60-ssec.3) The commission may, before an amalgamation ballot begins, allow the existing organisations seeking amalgamation to amend the outline.\n(sec.60-ssec.4) The commission may, before a withdrawal ballot begins, allow the constituent part seeking withdrawal to amend the outline.\n(sec.60-ssec.5) The commission may amend the outline to— correct factual errors; or ensure it complies with the Act .\n- (a) correct factual errors; or\n- (b) ensure it complies with the Act .","sortOrder":80},{"sectionNumber":"pt.13-div.5","sectionType":"division","heading":"Applications about ballots","content":"## Applications about ballots","sortOrder":81},{"sectionNumber":"sec.61","sectionType":"section","heading":"Application to submit proposed amalgamation to a ballot","content":"### sec.61 Application to submit proposed amalgamation to a ballot\n\nAn application may be made to the commission for an amalgamation ballot.\nThe application must be made jointly by the existing organisations and any association proposed to be registered as an organisation under the amalgamation.\nThe application must—\nbe accompanied by—\na copy of the scheme for the proposed amalgamation; and\na written scheme outline; and\nnominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, proposed amalgamation and each proposed alternative amalgamation; and\nbe signed by the president or secretary of each joint applicant; and\nbe accompanied by a copy of each resolution for the proposed amalgamation under section 56 , signed by the president or secretary of the existing organisation whose management committee passed it; and\nbe accompanied by an affidavit by a member of each existing organisation’s management committee stating subsection (5) (b) has been complied with.\nService of a document on the applicant nominated under subsection (3) (b) is taken to be service on each of the applicants.\nAn application may be made only if each existing organisation’s management committee has—\nresolved to make the application; and\nnotified each member of the making of the resolution by—\ngiving the member a copy of the resolution; or\nincluding the resolution in a publication the organisation gives its members free of charge.\n(sec.61-ssec.1) An application may be made to the commission for an amalgamation ballot.\n(sec.61-ssec.2) The application must be made jointly by the existing organisations and any association proposed to be registered as an organisation under the amalgamation.\n(sec.61-ssec.3) The application must— be accompanied by— a copy of the scheme for the proposed amalgamation; and a written scheme outline; and nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, proposed amalgamation and each proposed alternative amalgamation; and be signed by the president or secretary of each joint applicant; and be accompanied by a copy of each resolution for the proposed amalgamation under section 56 , signed by the president or secretary of the existing organisation whose management committee passed it; and be accompanied by an affidavit by a member of each existing organisation’s management committee stating subsection (5) (b) has been complied with.\n(sec.61-ssec.4) Service of a document on the applicant nominated under subsection (3) (b) is taken to be service on each of the applicants.\n(sec.61-ssec.5) An application may be made only if each existing organisation’s management committee has— resolved to make the application; and notified each member of the making of the resolution by— giving the member a copy of the resolution; or including the resolution in a publication the organisation gives its members free of charge.\n- (a) be accompanied by— (i) a copy of the scheme for the proposed amalgamation; and (ii) a written scheme outline; and\n- (i) a copy of the scheme for the proposed amalgamation; and\n- (ii) a written scheme outline; and\n- (b) nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, proposed amalgamation and each proposed alternative amalgamation; and\n- (c) be signed by the president or secretary of each joint applicant; and\n- (d) be accompanied by a copy of each resolution for the proposed amalgamation under section 56 , signed by the president or secretary of the existing organisation whose management committee passed it; and\n- (e) be accompanied by an affidavit by a member of each existing organisation’s management committee stating subsection (5) (b) has been complied with.\n- (i) a copy of the scheme for the proposed amalgamation; and\n- (ii) a written scheme outline; and\n- (a) resolved to make the application; and\n- (b) notified each member of the making of the resolution by— (i) giving the member a copy of the resolution; or (ii) including the resolution in a publication the organisation gives its members free of charge.\n- (i) giving the member a copy of the resolution; or\n- (ii) including the resolution in a publication the organisation gives its members free of charge.\n- (i) giving the member a copy of the resolution; or\n- (ii) including the resolution in a publication the organisation gives its members free of charge.","sortOrder":82},{"sectionNumber":"sec.62","sectionType":"section","heading":"Application to submit proposed withdrawal to a ballot","content":"### sec.62 Application to submit proposed withdrawal to a ballot\n\nAn application may be made to the commission for a withdrawal ballot.\nHowever, an application may not be made if—\nit is more than 2 years after the amalgamation happened; or\nin the year immediately before it is intended to make the application, the commission rejected an application for a withdrawal ballot to be held for the constituent part of the organisation seeking withdrawal; or\nan application for a withdrawal ballot has previously been made and granted and the subsequent ballot did not approve the withdrawal.\nThe application may be made by—\nthe lesser of—\nthe number equal to 5% of the constituent members on the day the application is filed; or\n2,000 constituent members; or\nthe management committee of a constituent part.\nAn application may be made only if the constituent part has given the constituent members notice of the making of the application.\nThe notice must be given—\npersonally; or\nby post, addressed to the constituent member’s residential address; or\nin a publication the amalgamated organisation or constituent part gives the constituent members free of charge.\nThe application must state a person (the representative constituent member ) to be the applicant’s representative for the ballot—\nto receive documents on the applicant’s behalf; and\nfor other purposes under this part.\nThe application must be accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with.\n(sec.62-ssec.1) An application may be made to the commission for a withdrawal ballot.\n(sec.62-ssec.2) However, an application may not be made if— it is more than 2 years after the amalgamation happened; or in the year immediately before it is intended to make the application, the commission rejected an application for a withdrawal ballot to be held for the constituent part of the organisation seeking withdrawal; or an application for a withdrawal ballot has previously been made and granted and the subsequent ballot did not approve the withdrawal.\n(sec.62-ssec.3) The application may be made by— the lesser of— the number equal to 5% of the constituent members on the day the application is filed; or 2,000 constituent members; or the management committee of a constituent part.\n(sec.62-ssec.4) An application may be made only if the constituent part has given the constituent members notice of the making of the application.\n(sec.62-ssec.5) The notice must be given— personally; or by post, addressed to the constituent member’s residential address; or in a publication the amalgamated organisation or constituent part gives the constituent members free of charge.\n(sec.62-ssec.6) The application must state a person (the representative constituent member ) to be the applicant’s representative for the ballot— to receive documents on the applicant’s behalf; and for other purposes under this part.\n(sec.62-ssec.7) The application must be accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with.\n- (a) it is more than 2 years after the amalgamation happened; or\n- (b) in the year immediately before it is intended to make the application, the commission rejected an application for a withdrawal ballot to be held for the constituent part of the organisation seeking withdrawal; or\n- (c) an application for a withdrawal ballot has previously been made and granted and the subsequent ballot did not approve the withdrawal.\n- (a) the lesser of— (i) the number equal to 5% of the constituent members on the day the application is filed; or (ii) 2,000 constituent members; or\n- (i) the number equal to 5% of the constituent members on the day the application is filed; or\n- (ii) 2,000 constituent members; or\n- (b) the management committee of a constituent part.\n- (i) the number equal to 5% of the constituent members on the day the application is filed; or\n- (ii) 2,000 constituent members; or\n- (a) personally; or\n- (b) by post, addressed to the constituent member’s residential address; or\n- (c) in a publication the amalgamated organisation or constituent part gives the constituent members free of charge.\n- (a) to receive documents on the applicant’s behalf; and\n- (b) for other purposes under this part.","sortOrder":83},{"sectionNumber":"sec.63","sectionType":"section","heading":"Amalgamation ballot exemption—number of members","content":"### sec.63 Amalgamation ballot exemption—number of members\n\nA proposed amalgamated organisation may apply to the commission for an exemption (a ballot exemption ) from the requirement to hold a ballot for the amalgamation.\nThe application may be made only on the ground that the number of persons that could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the applicant’s management committee resolved to make the application.\nThe application must—\nbe filed in the registry together with the ballot application for the amalgamation; and\nstate the ground on which it is made; and\nbe signed by the president or secretary of the applicant; and\nbe accompanied by an affidavit by a member of the applicant’s management committee stating—\nthe number of persons who could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the management committee resolved to make the application; and\nsubsection (4) (b) has been complied with.\nAn application may be made only if the applicant’s management committee has—\nresolved to make the application; and\nnotified the organisation’s members of the making of the resolution by—\ngiving each member a copy of the resolution; or\nincluding it in a publication the organisation gives its members free of charge.\n(sec.63-ssec.1) A proposed amalgamated organisation may apply to the commission for an exemption (a ballot exemption ) from the requirement to hold a ballot for the amalgamation.\n(sec.63-ssec.2) The application may be made only on the ground that the number of persons that could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the applicant’s management committee resolved to make the application.\n(sec.63-ssec.3) The application must— be filed in the registry together with the ballot application for the amalgamation; and state the ground on which it is made; and be signed by the president or secretary of the applicant; and be accompanied by an affidavit by a member of the applicant’s management committee stating— the number of persons who could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the management committee resolved to make the application; and subsection (4) (b) has been complied with.\n(sec.63-ssec.4) An application may be made only if the applicant’s management committee has— resolved to make the application; and notified the organisation’s members of the making of the resolution by— giving each member a copy of the resolution; or including it in a publication the organisation gives its members free of charge.\n- (a) be filed in the registry together with the ballot application for the amalgamation; and\n- (b) state the ground on which it is made; and\n- (c) be signed by the president or secretary of the applicant; and\n- (d) be accompanied by an affidavit by a member of the applicant’s management committee stating— (i) the number of persons who could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the management committee resolved to make the application; and (ii) subsection (4) (b) has been complied with.\n- (i) the number of persons who could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the management committee resolved to make the application; and\n- (ii) subsection (4) (b) has been complied with.\n- (i) the number of persons who could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the management committee resolved to make the application; and\n- (ii) subsection (4) (b) has been complied with.\n- (a) resolved to make the application; and\n- (b) notified the organisation’s members of the making of the resolution by— (i) giving each member a copy of the resolution; or (ii) including it in a publication the organisation gives its members free of charge.\n- (i) giving each member a copy of the resolution; or\n- (ii) including it in a publication the organisation gives its members free of charge.\n- (i) giving each member a copy of the resolution; or\n- (ii) including it in a publication the organisation gives its members free of charge.","sortOrder":84},{"sectionNumber":"sec.64","sectionType":"section","heading":"Amalgamation ballot exemption—recognising federal ballot","content":"### sec.64 Amalgamation ballot exemption—recognising federal ballot\n\nThis section applies if—\nan organisation’s counterpart federal body has amalgamated with another organisation’s counterpart federal body under the Commonwealth Registered Organisations Act ; and\nthe organisations propose to amalgamate under the Act .\nThe organisations may apply to the commission for an exemption from holding an amalgamation ballot.\nThe application must—\nbe filed in the registry with the ballot application for the amalgamation; and\nstate the grounds on which it is made; and\nbe signed by the president or secretary of each organisation; and\nbe accompanied by an affidavit by a member of each applicant’s management committee stating subsection (4) (b) and (c) has been complied with.\nAn application may be made only if the management committee of each organisation has—\nresolved to make the application; and\nnotified each member of the making of the resolution by—\ngiving the member a copy of the resolution; or\nincluding the resolution in a publication the organisation gives its members free of charge; and\nnotified each member of the member’s right to object to the application under section 74 in 1 of the following ways—\npersonally;\nby post, addressed to the member’s residential address;\nby including notice of the right in a publication the organisation gives its members free of charge.\n(sec.64-ssec.1) This section applies if— an organisation’s counterpart federal body has amalgamated with another organisation’s counterpart federal body under the Commonwealth Registered Organisations Act ; and the organisations propose to amalgamate under the Act .\n(sec.64-ssec.2) The organisations may apply to the commission for an exemption from holding an amalgamation ballot.\n(sec.64-ssec.3) The application must— be filed in the registry with the ballot application for the amalgamation; and state the grounds on which it is made; and be signed by the president or secretary of each organisation; and be accompanied by an affidavit by a member of each applicant’s management committee stating subsection (4) (b) and (c) has been complied with.\n(sec.64-ssec.4) An application may be made only if the management committee of each organisation has— resolved to make the application; and notified each member of the making of the resolution by— giving the member a copy of the resolution; or including the resolution in a publication the organisation gives its members free of charge; and notified each member of the member’s right to object to the application under section 74 in 1 of the following ways— personally; by post, addressed to the member’s residential address; by including notice of the right in a publication the organisation gives its members free of charge.\n- (a) an organisation’s counterpart federal body has amalgamated with another organisation’s counterpart federal body under the Commonwealth Registered Organisations Act ; and\n- (b) the organisations propose to amalgamate under the Act .\n- (a) be filed in the registry with the ballot application for the amalgamation; and\n- (b) state the grounds on which it is made; and\n- (c) be signed by the president or secretary of each organisation; and\n- (d) be accompanied by an affidavit by a member of each applicant’s management committee stating subsection (4) (b) and (c) has been complied with.\n- (a) resolved to make the application; and\n- (b) notified each member of the making of the resolution by— (i) giving the member a copy of the resolution; or (ii) including the resolution in a publication the organisation gives its members free of charge; and\n- (i) giving the member a copy of the resolution; or\n- (ii) including the resolution in a publication the organisation gives its members free of charge; and\n- (c) notified each member of the member’s right to object to the application under section 74 in 1 of the following ways— (i) personally; (ii) by post, addressed to the member’s residential address; (iii) by including notice of the right in a publication the organisation gives its members free of charge.\n- (i) personally;\n- (ii) by post, addressed to the member’s residential address;\n- (iii) by including notice of the right in a publication the organisation gives its members free of charge.\n- (i) giving the member a copy of the resolution; or\n- (ii) including the resolution in a publication the organisation gives its members free of charge; and\n- (i) personally;\n- (ii) by post, addressed to the member’s residential address;\n- (iii) by including notice of the right in a publication the organisation gives its members free of charge.","sortOrder":85},{"sectionNumber":"sec.65","sectionType":"section","heading":"Withdrawal ballot exemption—recognising federal ballot","content":"### sec.65 Withdrawal ballot exemption—recognising federal ballot\n\nThis section applies if—\na ballot has been held under the Commonwealth Registered Organisations Act to decide whether a constituent part of an amalgamated organisation under that Act should withdraw from the organisation; and\nthe constituent part has been registered as an organisation under the Commonwealth Registered Organisations Act , section 110 .\nThe constituent part may apply to the commission for an exemption from holding a withdrawal ballot.\nThe application must—\nbe filed in the registry with the ballot application for the withdrawal; and\nstate the grounds on which it is made; and\nstate a person (the representative constituent member ) to be the applicant’s representative for the ballot—\nto receive documents on the applicant’s behalf; and\nfor other purposes under this part; and\nbe signed by the representative constituent member; and\nbe accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with.\nAn application may be made only if the constituent part has given each constituent member notice of the making of the application and of the member’s right to object to the application under section 75 in 1 of the following ways—\npersonally;\nby post, addressed to the constituent member’s residential address;\nby including it in a publication the amalgamated organisation or constituent part gives the constituent members free of charge.\n(sec.65-ssec.1) This section applies if— a ballot has been held under the Commonwealth Registered Organisations Act to decide whether a constituent part of an amalgamated organisation under that Act should withdraw from the organisation; and the constituent part has been registered as an organisation under the Commonwealth Registered Organisations Act , section 110 .\n(sec.65-ssec.2) The constituent part may apply to the commission for an exemption from holding a withdrawal ballot.\n(sec.65-ssec.3) The application must— be filed in the registry with the ballot application for the withdrawal; and state the grounds on which it is made; and state a person (the representative constituent member ) to be the applicant’s representative for the ballot— to receive documents on the applicant’s behalf; and for other purposes under this part; and be signed by the representative constituent member; and be accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with.\n(sec.65-ssec.4) An application may be made only if the constituent part has given each constituent member notice of the making of the application and of the member’s right to object to the application under section 75 in 1 of the following ways— personally; by post, addressed to the constituent member’s residential address; by including it in a publication the amalgamated organisation or constituent part gives the constituent members free of charge.\n- (a) a ballot has been held under the Commonwealth Registered Organisations Act to decide whether a constituent part of an amalgamated organisation under that Act should withdraw from the organisation; and\n- (b) the constituent part has been registered as an organisation under the Commonwealth Registered Organisations Act , section 110 .\n- (a) be filed in the registry with the ballot application for the withdrawal; and\n- (b) state the grounds on which it is made; and\n- (c) state a person (the representative constituent member ) to be the applicant’s representative for the ballot— (i) to receive documents on the applicant’s behalf; and (ii) for other purposes under this part; and\n- (i) to receive documents on the applicant’s behalf; and\n- (ii) for other purposes under this part; and\n- (d) be signed by the representative constituent member; and\n- (e) be accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with.\n- (i) to receive documents on the applicant’s behalf; and\n- (ii) for other purposes under this part; and\n- (a) personally;\n- (b) by post, addressed to the constituent member’s residential address;\n- (c) by including it in a publication the amalgamated organisation or constituent part gives the constituent members free of charge.","sortOrder":86},{"sectionNumber":"sec.66","sectionType":"section","heading":"Application for alternative ballot","content":"### sec.66 Application for alternative ballot\n\nAn existing organisation may apply to the commission for approval for an amalgamation ballot that is not a postal ballot (an alternative ballot ).\nA constituent part may apply to the commission for approval for a withdrawal ballot that is not a postal ballot (also an alternative ballot ).\nThe application must—\nbe filed in the registry with the ballot application for the amalgamation or withdrawal; and\nstate, or be accompanied by, the proposal for the alternative ballot; and\nfor an amalgamation ballot—\nbe signed by the applicant’s president or secretary; and\nbe accompanied by an affidavit by a member of the applicant’s management committee stating subsection (4) has been complied with; and\nfor a withdrawal ballot—\nbe signed by the applicant’s representative constituent member; and\nbe accompanied by an affidavit by the applicant’s representative constituent member stating subsection (5) has been complied with.\nAn application for an amalgamation ballot may be made only if the applicant’s management committee has—\nresolved to make the application; and\nnotified each member of the making of the resolution by—\ngiving the member a copy of the resolution; or\nincluding it in a publication the organisation gives its members free of charge.\nAn application for a withdrawal ballot may be made only if the constituent part has given each member notice of the making of the application in 1 of the following ways—\npersonally;\nby post, addressed to the member’s residential address;\nby including it in a publication the amalgamated organisation or constituent part gives the constituent members free of charge.\nThe alternative ballot must provide—\nthat the ballot is to be—\na secret ballot of the existing organisation’s members or constituent members who have a right to vote in the ballot; and\nheld at meetings of the members; and\ncarried out by the electoral commission; and\notherwise held under the Act ; and\nthat members are to be given at least 21 days notice of—\nthe meetings; and\nthe things to be considered at the meetings; and\neach member’s entitlement to an absentee vote; and\nfor the posting of the scheme outline and the ‘yes’ case or ‘no’ case under section 99 ; and\nfor absentee voting.\n(sec.66-ssec.1) An existing organisation may apply to the commission for approval for an amalgamation ballot that is not a postal ballot (an alternative ballot ).\n(sec.66-ssec.2) A constituent part may apply to the commission for approval for a withdrawal ballot that is not a postal ballot (also an alternative ballot ).\n(sec.66-ssec.3) The application must— be filed in the registry with the ballot application for the amalgamation or withdrawal; and state, or be accompanied by, the proposal for the alternative ballot; and for an amalgamation ballot— be signed by the applicant’s president or secretary; and be accompanied by an affidavit by a member of the applicant’s management committee stating subsection (4) has been complied with; and for a withdrawal ballot— be signed by the applicant’s representative constituent member; and be accompanied by an affidavit by the applicant’s representative constituent member stating subsection (5) has been complied with.\n(sec.66-ssec.4) An application for an amalgamation ballot may be made only if the applicant’s management committee has— resolved to make the application; and notified each member of the making of the resolution by— giving the member a copy of the resolution; or including it in a publication the organisation gives its members free of charge.\n(sec.66-ssec.5) An application for a withdrawal ballot may be made only if the constituent part has given each member notice of the making of the application in 1 of the following ways— personally; by post, addressed to the member’s residential address; by including it in a publication the amalgamated organisation or constituent part gives the constituent members free of charge.\n(sec.66-ssec.6) The alternative ballot must provide— that the ballot is to be— a secret ballot of the existing organisation’s members or constituent members who have a right to vote in the ballot; and held at meetings of the members; and carried out by the electoral commission; and otherwise held under the Act ; and that members are to be given at least 21 days notice of— the meetings; and the things to be considered at the meetings; and each member’s entitlement to an absentee vote; and for the posting of the scheme outline and the ‘yes’ case or ‘no’ case under section 99 ; and for absentee voting.\n- (a) be filed in the registry with the ballot application for the amalgamation or withdrawal; and\n- (b) state, or be accompanied by, the proposal for the alternative ballot; and\n- (c) for an amalgamation ballot— (i) be signed by the applicant’s president or secretary; and (ii) be accompanied by an affidavit by a member of the applicant’s management committee stating subsection (4) has been complied with; and\n- (i) be signed by the applicant’s president or secretary; and\n- (ii) be accompanied by an affidavit by a member of the applicant’s management committee stating subsection (4) has been complied with; and\n- (d) for a withdrawal ballot— (i) be signed by the applicant’s representative constituent member; and (ii) be accompanied by an affidavit by the applicant’s representative constituent member stating subsection (5) has been complied with.\n- (i) be signed by the applicant’s representative constituent member; and\n- (ii) be accompanied by an affidavit by the applicant’s representative constituent member stating subsection (5) has been complied with.\n- (i) be signed by the applicant’s president or secretary; and\n- (ii) be accompanied by an affidavit by a member of the applicant’s management committee stating subsection (4) has been complied with; and\n- (i) be signed by the applicant’s representative constituent member; and\n- (ii) be accompanied by an affidavit by the applicant’s representative constituent member stating subsection (5) has been complied with.\n- (a) resolved to make the application; and\n- (b) notified each member of the making of the resolution by— (i) giving the member a copy of the resolution; or (ii) including it in a publication the organisation gives its members free of charge.\n- (i) giving the member a copy of the resolution; or\n- (ii) including it in a publication the organisation gives its members free of charge.\n- (i) giving the member a copy of the resolution; or\n- (ii) including it in a publication the organisation gives its members free of charge.\n- (a) personally;\n- (b) by post, addressed to the member’s residential address;\n- (c) by including it in a publication the amalgamated organisation or constituent part gives the constituent members free of charge.\n- (a) that the ballot is to be— (i) a secret ballot of the existing organisation’s members or constituent members who have a right to vote in the ballot; and (ii) held at meetings of the members; and (iii) carried out by the electoral commission; and (iv) otherwise held under the Act ; and\n- (i) a secret ballot of the existing organisation’s members or constituent members who have a right to vote in the ballot; and\n- (ii) held at meetings of the members; and\n- (iii) carried out by the electoral commission; and\n- (iv) otherwise held under the Act ; and\n- (b) that members are to be given at least 21 days notice of— (i) the meetings; and (ii) the things to be considered at the meetings; and (iii) each member’s entitlement to an absentee vote; and\n- (i) the meetings; and\n- (ii) the things to be considered at the meetings; and\n- (iii) each member’s entitlement to an absentee vote; and\n- (c) for the posting of the scheme outline and the ‘yes’ case or ‘no’ case under section 99 ; and\n- (d) for absentee voting.\n- (i) a secret ballot of the existing organisation’s members or constituent members who have a right to vote in the ballot; and\n- (ii) held at meetings of the members; and\n- (iii) carried out by the electoral commission; and\n- (iv) otherwise held under the Act ; and\n- (i) the meetings; and\n- (ii) the things to be considered at the meetings; and\n- (iii) each member’s entitlement to an absentee vote; and","sortOrder":87},{"sectionNumber":"sec.67","sectionType":"section","heading":"Withdrawing from application","content":"### sec.67 Withdrawing from application\n\nA party to an application under section 53 (1) or 61 (1) may file a notice of the withdrawal of the application in the registry.\nIf a notice is filed under subsection (1) , the registrar must take the steps the registrar considers necessary to ensure the notice is brought to the attention of the organisations, associations and persons likely to be affected by the withdrawal.\nThe parties to an application under section 53 (1) or 61 (1) may jointly file a notice of withdrawal of the application in the registry.\nAn applicant under section 62 (1) , 63 (1) , 64 (2) , 65 (2) or 66 may file a notice of withdrawal of the application in the registry.\nA party or applicant filing a notice of withdrawal must file with the notice a statement that the party’s or applicant’s management committee has passed a resolution approving the withdrawal of the application.\nHowever, if an applicant has no management committee, the applicant must file with the notice a statement that the applicant has passed a resolution approving the withdrawal of the application.\nThe statement must be signed by an authorised officer of the party or applicant or the representative constituent member.\n(sec.67-ssec.1) A party to an application under section 53 (1) or 61 (1) may file a notice of the withdrawal of the application in the registry.\n(sec.67-ssec.2) If a notice is filed under subsection (1) , the registrar must take the steps the registrar considers necessary to ensure the notice is brought to the attention of the organisations, associations and persons likely to be affected by the withdrawal.\n(sec.67-ssec.3) The parties to an application under section 53 (1) or 61 (1) may jointly file a notice of withdrawal of the application in the registry.\n(sec.67-ssec.4) An applicant under section 62 (1) , 63 (1) , 64 (2) , 65 (2) or 66 may file a notice of withdrawal of the application in the registry.\n(sec.67-ssec.5) A party or applicant filing a notice of withdrawal must file with the notice a statement that the party’s or applicant’s management committee has passed a resolution approving the withdrawal of the application.\n(sec.67-ssec.6) However, if an applicant has no management committee, the applicant must file with the notice a statement that the applicant has passed a resolution approving the withdrawal of the application.\n(sec.67-ssec.7) The statement must be signed by an authorised officer of the party or applicant or the representative constituent member.","sortOrder":88},{"sectionNumber":"pt.13-div.6","sectionType":"division","heading":"‘Yes’ or ‘no’ case","content":"## ‘Yes’ or ‘no’ case","sortOrder":89},{"sectionNumber":"sec.68","sectionType":"section","heading":"Filing ‘yes’ case","content":"### sec.68 Filing ‘yes’ case\n\nAn existing organisation for a proposed amalgamation may file in the registry a written statement (a ‘yes’ case ) supporting either or both of the following—\nthe proposed principal amalgamation;\neach proposed alternative amalgamation.\nA constituent part that wants to withdraw from an amalgamated organisation may file a written statement (also a ‘yes’ case ) supporting the withdrawal.\nA ‘yes’ case must be no more than 2,000 words.\nA ‘yes’ case must be filed with the ballot application for the proposed amalgamation or withdrawal.\n(sec.68-ssec.1) An existing organisation for a proposed amalgamation may file in the registry a written statement (a ‘yes’ case ) supporting either or both of the following— the proposed principal amalgamation; each proposed alternative amalgamation.\n(sec.68-ssec.2) A constituent part that wants to withdraw from an amalgamated organisation may file a written statement (also a ‘yes’ case ) supporting the withdrawal.\n(sec.68-ssec.3) A ‘yes’ case must be no more than 2,000 words.\n(sec.68-ssec.4) A ‘yes’ case must be filed with the ballot application for the proposed amalgamation or withdrawal.\n- (a) the proposed principal amalgamation;\n- (b) each proposed alternative amalgamation.","sortOrder":90},{"sectionNumber":"sec.69","sectionType":"section","heading":"Filing ‘no’ case","content":"### sec.69 Filing ‘no’ case\n\nThe number of members mentioned in subsection (2) of an existing organisation for a proposed amalgamation may file in the registry a written statement (a ‘no’ case ) opposing either or both of the following—\nthe proposed amalgamation;\neach proposed alternative amalgamation.\nThe number of members filing a ‘no’ case for an amalgamation must be at least the lesser of—\n5% of the organisation’s total members when the ballot application for the proposed amalgamation was filed; or\n1,000.\nThe number of members mentioned in subsection (4) of an amalgamated organisation from which a constituent part wants to withdraw may file in the registry a written statement (also a ‘no’ case ) opposing the proposed withdrawal.\nThe number of members filing a ‘no’ case for a withdrawal must be at least the lesser of—\n5% of the constituent members when the ballot application for the proposed withdrawal was filed; or\n1,000.\nA ‘no’ case must be—\nfiled no later than 7 days before the hearing for the proposed amalgamation or withdrawal; and\nno more than 2,000 words.\n(sec.69-ssec.1) The number of members mentioned in subsection (2) of an existing organisation for a proposed amalgamation may file in the registry a written statement (a ‘no’ case ) opposing either or both of the following— the proposed amalgamation; each proposed alternative amalgamation.\n(sec.69-ssec.2) The number of members filing a ‘no’ case for an amalgamation must be at least the lesser of— 5% of the organisation’s total members when the ballot application for the proposed amalgamation was filed; or 1,000.\n(sec.69-ssec.3) The number of members mentioned in subsection (4) of an amalgamated organisation from which a constituent part wants to withdraw may file in the registry a written statement (also a ‘no’ case ) opposing the proposed withdrawal.\n(sec.69-ssec.4) The number of members filing a ‘no’ case for a withdrawal must be at least the lesser of— 5% of the constituent members when the ballot application for the proposed withdrawal was filed; or 1,000.\n(sec.69-ssec.5) A ‘no’ case must be— filed no later than 7 days before the hearing for the proposed amalgamation or withdrawal; and no more than 2,000 words.\n- (a) the proposed amalgamation;\n- (b) each proposed alternative amalgamation.\n- (a) 5% of the organisation’s total members when the ballot application for the proposed amalgamation was filed; or\n- (b) 1,000.\n- (a) 5% of the constituent members when the ballot application for the proposed withdrawal was filed; or\n- (b) 1,000.\n- (a) filed no later than 7 days before the hearing for the proposed amalgamation or withdrawal; and\n- (b) no more than 2,000 words.","sortOrder":91},{"sectionNumber":"sec.70","sectionType":"section","heading":"Commission statements","content":"### sec.70 Commission statements\n\nIf 2 or more ‘no’ cases are filed, the commission may prepare a written statement opposing the amalgamation—\nbased on the ‘no’ cases; and\nas far as practicable, fairly presenting the substance of the arguments in the ‘no’ cases; and\nif practicable, in consultation with representatives of the persons who filed the ‘no’ cases.\nThe statement must be no more than 2,000 words.\nThe statement is taken to be the only ‘no’ case for the amalgamation.\n(sec.70-ssec.1) If 2 or more ‘no’ cases are filed, the commission may prepare a written statement opposing the amalgamation— based on the ‘no’ cases; and as far as practicable, fairly presenting the substance of the arguments in the ‘no’ cases; and if practicable, in consultation with representatives of the persons who filed the ‘no’ cases.\n(sec.70-ssec.2) The statement must be no more than 2,000 words.\n(sec.70-ssec.3) The statement is taken to be the only ‘no’ case for the amalgamation.\n- (a) based on the ‘no’ cases; and\n- (b) as far as practicable, fairly presenting the substance of the arguments in the ‘no’ cases; and\n- (c) if practicable, in consultation with representatives of the persons who filed the ‘no’ cases.","sortOrder":92},{"sectionNumber":"sec.71","sectionType":"section","heading":"‘Yes’ or ‘no’ cases may include things other than words","content":"### sec.71 ‘Yes’ or ‘no’ cases may include things other than words\n\nIf the commission approves, a ‘yes’ case or a ‘no’ case may include things other than words, including, for example, diagrams, illustrations and photographs.","sortOrder":93},{"sectionNumber":"sec.72","sectionType":"section","heading":"Amending ‘yes’ or ‘no’ cases","content":"### sec.72 Amending ‘yes’ or ‘no’ cases\n\nThe commission may—\nallow the person who filed a ‘yes’ case or a ‘no’ case to amend it; and\namend a filed ‘yes’ case or a ‘no’ case to—\ncorrect factual errors; or\nensure it complies with the Act .\n- (a) allow the person who filed a ‘yes’ case or a ‘no’ case to amend it; and\n- (b) amend a filed ‘yes’ case or a ‘no’ case to— (i) correct factual errors; or (ii) ensure it complies with the Act .\n- (i) correct factual errors; or\n- (ii) ensure it complies with the Act .\n- (i) correct factual errors; or\n- (ii) ensure it complies with the Act .","sortOrder":94},{"sectionNumber":"pt.13-div.7","sectionType":"division","heading":"Objections","content":"## Objections","sortOrder":95},{"sectionNumber":"sec.73","sectionType":"section","heading":"Objections about amalgamations","content":"### sec.73 Objections about amalgamations\n\nThe following persons may object to an application under section 61 —\na member of an existing organisation the amalgamation is about;\nan interested person for a decision about the proposed amalgamation.\nThe objection must be on the ground that the proposed amalgamated organisation does not meet or, if the amalgamation takes effect, will not meet the requirements for registration under sections 603 to  605 of the Act .\n(sec.73-ssec.1) The following persons may object to an application under section 61 — a member of an existing organisation the amalgamation is about; an interested person for a decision about the proposed amalgamation.\n(sec.73-ssec.2) The objection must be on the ground that the proposed amalgamated organisation does not meet or, if the amalgamation takes effect, will not meet the requirements for registration under sections 603 to  605 of the Act .\n- (a) a member of an existing organisation the amalgamation is about;\n- (b) an interested person for a decision about the proposed amalgamation.","sortOrder":96},{"sectionNumber":"sec.74","sectionType":"section","heading":"Objection to amalgamation ballot exemption—recognising federal ballot","content":"### sec.74 Objection to amalgamation ballot exemption—recognising federal ballot\n\nA member of an organisation that has applied for an exemption from holding a ballot for a proposed amalgamation under section 64 may object to the application on the ground that the exemption would detrimentally affect the member’s interests.","sortOrder":97},{"sectionNumber":"sec.75","sectionType":"section","heading":"Objection to withdrawal ballot exemption—recognising federal ballot","content":"### sec.75 Objection to withdrawal ballot exemption—recognising federal ballot\n\nA constituent member of a constituent part that has applied for an exemption from holding a withdrawal ballot under section 65 may object to the application on the ground that the exemption would detrimentally affect the member’s interests.","sortOrder":98},{"sectionNumber":"sec.76","sectionType":"section","heading":"Notice of objection","content":"### sec.76 Notice of objection\n\nA notice of objection under section 73 must be filed—\nby the day fixed by the commission; or\nif the commission substitutes a later day for the fixed day—by the substituted day; or\nif no day is fixed—within 28 days after a notice under section 81 for the proposed amalgamation is first published.\nA notice of objection under section 74 or 75 must be filed within 28 days after a notice of the application is given under section 78 .\nThe notice must state—\nthe objector’s name and address; and\nthe grounds of the objection; and\nparticulars of the grounds.\nA notice of objection from an organisation must—\nbe under the organisation’s seal; or\nbe signed by the organisation’s authorised officer.\nThe person who files the notice must serve a copy of it on each applicant within 7 days after the filing.\n(sec.76-ssec.1) A notice of objection under section 73 must be filed— by the day fixed by the commission; or if the commission substitutes a later day for the fixed day—by the substituted day; or if no day is fixed—within 28 days after a notice under section 81 for the proposed amalgamation is first published.\n(sec.76-ssec.2) A notice of objection under section 74 or 75 must be filed within 28 days after a notice of the application is given under section 78 .\n(sec.76-ssec.3) The notice must state— the objector’s name and address; and the grounds of the objection; and particulars of the grounds.\n(sec.76-ssec.4) A notice of objection from an organisation must— be under the organisation’s seal; or be signed by the organisation’s authorised officer.\n(sec.76-ssec.5) The person who files the notice must serve a copy of it on each applicant within 7 days after the filing.\n- (a) by the day fixed by the commission; or\n- (b) if the commission substitutes a later day for the fixed day—by the substituted day; or\n- (c) if no day is fixed—within 28 days after a notice under section 81 for the proposed amalgamation is first published.\n- (a) the objector’s name and address; and\n- (b) the grounds of the objection; and\n- (c) particulars of the grounds.\n- (a) be under the organisation’s seal; or\n- (b) be signed by the organisation’s authorised officer.","sortOrder":99},{"sectionNumber":"sec.77","sectionType":"section","heading":"Answering objection","content":"### sec.77 Answering objection\n\nIf a copy of a notice of objection has been served under section 76 (5) , the applicant may file a statement answering the notice.\nThe statement must—\nbe signed by an authorised officer of each applicant; and\nstate the facts relied on in answer to the objection; and\nbe filed in the registry within 14 days after the notice of objection is served on the applicants.\nThe applicant must serve a copy of the statement on the objector stated in the notice of objection within 7 days after filing it.\n(sec.77-ssec.1) If a copy of a notice of objection has been served under section 76 (5) , the applicant may file a statement answering the notice.\n(sec.77-ssec.2) The statement must— be signed by an authorised officer of each applicant; and state the facts relied on in answer to the objection; and be filed in the registry within 14 days after the notice of objection is served on the applicants.\n(sec.77-ssec.3) The applicant must serve a copy of the statement on the objector stated in the notice of objection within 7 days after filing it.\n- (a) be signed by an authorised officer of each applicant; and\n- (b) state the facts relied on in answer to the objection; and\n- (c) be filed in the registry within 14 days after the notice of objection is served on the applicants.","sortOrder":100},{"sectionNumber":"pt.13-div.8","sectionType":"division","heading":"Hearing","content":"## Hearing","sortOrder":101},{"sectionNumber":"sec.78","sectionType":"section","heading":"Notice of application","content":"### sec.78 Notice of application\n\nThis section applies if an application for a proposed amalgamation is filed under section 61 or an application for a proposed withdrawal is filed under section 62 .\nFor a proposed amalgamation, the commission must promptly give notice of the following matters to all members of the existing organisations the amalgamation is about—\nthe application;\nan application for a community of interest declaration under section 53 ;\nan application for a ballot exemption;\nan application for an alternative ballot;\nfor an application mentioned in any of paragraphs (a) to (d) —a right to object to the application under this part.\nA notice under subsection (2) must be—\ngiven in a newspaper circulating throughout the State; and\npublished on the QIRC website.\nFor a proposed withdrawal, the commission must promptly give notice of the following matters to all constituent members—\nthe application;\nan application for a ballot exemption;\nan application for an alternative ballot;\nfor an application mentioned in any of paragraphs (a) to (c) —a right to object to the application under this part.\nA notice under subsection (4) must be—\ngiven in a newspaper circulating throughout the State; and\npublished on the QIRC website.\n(sec.78-ssec.1) This section applies if an application for a proposed amalgamation is filed under section 61 or an application for a proposed withdrawal is filed under section 62 .\n(sec.78-ssec.2) For a proposed amalgamation, the commission must promptly give notice of the following matters to all members of the existing organisations the amalgamation is about— the application; an application for a community of interest declaration under section 53 ; an application for a ballot exemption; an application for an alternative ballot; for an application mentioned in any of paragraphs (a) to (d) —a right to object to the application under this part.\n(sec.78-ssec.3) A notice under subsection (2) must be— given in a newspaper circulating throughout the State; and published on the QIRC website.\n(sec.78-ssec.4) For a proposed withdrawal, the commission must promptly give notice of the following matters to all constituent members— the application; an application for a ballot exemption; an application for an alternative ballot; for an application mentioned in any of paragraphs (a) to (c) —a right to object to the application under this part.\n(sec.78-ssec.5) A notice under subsection (4) must be— given in a newspaper circulating throughout the State; and published on the QIRC website.\n- (a) the application;\n- (b) an application for a community of interest declaration under section 53 ;\n- (c) an application for a ballot exemption;\n- (d) an application for an alternative ballot;\n- (e) for an application mentioned in any of paragraphs (a) to (d) —a right to object to the application under this part.\n- (a) given in a newspaper circulating throughout the State; and\n- (b) published on the QIRC website.\n- (a) the application;\n- (b) an application for a ballot exemption;\n- (c) an application for an alternative ballot;\n- (d) for an application mentioned in any of paragraphs (a) to (c) —a right to object to the application under this part.\n- (a) given in a newspaper circulating throughout the State; and\n- (b) published on the QIRC website.","sortOrder":102},{"sectionNumber":"sec.79","sectionType":"section","heading":"Amalgamation or withdrawal hearing","content":"### sec.79 Amalgamation or withdrawal hearing\n\nWhen the time for filing a statement answering a notice of objection under section 76 (2) for a proposed amalgamation or withdrawal has ended, the commission must promptly fix a time and place for a hearing to hear submissions about—\nthe application; and\nif an application for a community of interest declaration under section 53 was filed with the application—making a declaration for the amalgamation; and\nif a ballot exemption was applied for—giving the exemption; and\nif approval for an alternative ballot was applied for—giving the approval.\nThe commission—\nmust promptly give notice of the time and place for the hearing to—\nthe applicant; and\nall organisations; and\na person who has filed an objection to an application to be heard at the hearing; and\nmay notify other persons it considers may be interested in the hearing.\nnotifying the electoral commission\n(sec.79-ssec.1) When the time for filing a statement answering a notice of objection under section 76 (2) for a proposed amalgamation or withdrawal has ended, the commission must promptly fix a time and place for a hearing to hear submissions about— the application; and if an application for a community of interest declaration under section 53 was filed with the application—making a declaration for the amalgamation; and if a ballot exemption was applied for—giving the exemption; and if approval for an alternative ballot was applied for—giving the approval.\n(sec.79-ssec.2) The commission— must promptly give notice of the time and place for the hearing to— the applicant; and all organisations; and a person who has filed an objection to an application to be heard at the hearing; and may notify other persons it considers may be interested in the hearing. notifying the electoral commission\n- (a) the application; and\n- (b) if an application for a community of interest declaration under section 53 was filed with the application—making a declaration for the amalgamation; and\n- (c) if a ballot exemption was applied for—giving the exemption; and\n- (d) if approval for an alternative ballot was applied for—giving the approval.\n- (a) must promptly give notice of the time and place for the hearing to— (i) the applicant; and (ii) all organisations; and (iii) a person who has filed an objection to an application to be heard at the hearing; and\n- (i) the applicant; and\n- (ii) all organisations; and\n- (iii) a person who has filed an objection to an application to be heard at the hearing; and\n- (b) may notify other persons it considers may be interested in the hearing. Example for paragraph (b) — notifying the electoral commission\n- (i) the applicant; and\n- (ii) all organisations; and\n- (iii) a person who has filed an objection to an application to be heard at the hearing; and","sortOrder":103},{"sectionNumber":"sec.80","sectionType":"section","heading":"Amalgamation ballot approval if no objections or objections withdrawn","content":"### sec.80 Amalgamation ballot approval if no objections or objections withdrawn\n\nAt a hearing for a proposed amalgamation, if there are no objections to be heard under section 82 , the commission must allow the application and approve the submission of the amalgamation to ballot if it considers the application meets the following conditions (the ballot conditions )—\nthe application complies with section 61 ;\nthe amalgamation involves registering a proposed organisation;\na person ineligible for membership of an existing organisation for the amalgamation will not be eligible for membership of the amalgamated organisation;\nif the name of the proposed amalgamated organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name;\nthe proposed amalgamated organisation’s rules and any proposed amendment of an existing organisation’s rules do not contravene the Act or an industrial instrument;\na proposed deregistration of an existing organisation complies with the Act .\nIf the commission considers the application does not meet the ballot conditions, it may allow the application only if satisfied the ballot conditions will be met by—\npermitting the applicant to amend the amalgamation scheme; or\naccepting the applicant’s undertaking to amend the amalgamation scheme.\nIf the commission is not satisfied under subsection (1) or (2) it must—\nrefuse the application; or\nadjourn the proceeding.\nA permission under subsection (2) (a) may—\ndespite an existing organisation’s rules, allow the organisation to amend the scheme, including proposed alterations to the organisation’s rules; and\nprovide for the procedure that, despite the rules, may or must be followed by the management committee for the application; and\nbe given on conditions stated by the commission.\nIf an undertaking under subsection (2) (b) or conditions under subsection (4) (c) are contravened, the commission may—\namend the scheme; or\ngive orders or directions about—\nholding the ballot; or\nthe procedure for the amalgamation.\nSubsections (3) and (5) do not limit the commission’s other powers.\n(sec.80-ssec.1) At a hearing for a proposed amalgamation, if there are no objections to be heard under section 82 , the commission must allow the application and approve the submission of the amalgamation to ballot if it considers the application meets the following conditions (the ballot conditions )— the application complies with section 61 ; the amalgamation involves registering a proposed organisation; a person ineligible for membership of an existing organisation for the amalgamation will not be eligible for membership of the amalgamated organisation; if the name of the proposed amalgamated organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name; the proposed amalgamated organisation’s rules and any proposed amendment of an existing organisation’s rules do not contravene the Act or an industrial instrument; a proposed deregistration of an existing organisation complies with the Act .\n(sec.80-ssec.2) If the commission considers the application does not meet the ballot conditions, it may allow the application only if satisfied the ballot conditions will be met by— permitting the applicant to amend the amalgamation scheme; or accepting the applicant’s undertaking to amend the amalgamation scheme.\n(sec.80-ssec.3) If the commission is not satisfied under subsection (1) or (2) it must— refuse the application; or adjourn the proceeding.\n(sec.80-ssec.4) A permission under subsection (2) (a) may— despite an existing organisation’s rules, allow the organisation to amend the scheme, including proposed alterations to the organisation’s rules; and provide for the procedure that, despite the rules, may or must be followed by the management committee for the application; and be given on conditions stated by the commission.\n(sec.80-ssec.5) If an undertaking under subsection (2) (b) or conditions under subsection (4) (c) are contravened, the commission may— amend the scheme; or give orders or directions about— holding the ballot; or the procedure for the amalgamation.\n(sec.80-ssec.6) Subsections (3) and (5) do not limit the commission’s other powers.\n- (a) the application complies with section 61 ;\n- (b) the amalgamation involves registering a proposed organisation;\n- (c) a person ineligible for membership of an existing organisation for the amalgamation will not be eligible for membership of the amalgamated organisation;\n- (d) if the name of the proposed amalgamated organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name;\n- (e) the proposed amalgamated organisation’s rules and any proposed amendment of an existing organisation’s rules do not contravene the Act or an industrial instrument;\n- (f) a proposed deregistration of an existing organisation complies with the Act .\n- (a) permitting the applicant to amend the amalgamation scheme; or\n- (b) accepting the applicant’s undertaking to amend the amalgamation scheme.\n- (a) refuse the application; or\n- (b) adjourn the proceeding.\n- (a) despite an existing organisation’s rules, allow the organisation to amend the scheme, including proposed alterations to the organisation’s rules; and\n- (b) provide for the procedure that, despite the rules, may or must be followed by the management committee for the application; and\n- (c) be given on conditions stated by the commission.\n- (a) amend the scheme; or\n- (b) give orders or directions about— (i) holding the ballot; or (ii) the procedure for the amalgamation.\n- (i) holding the ballot; or\n- (ii) the procedure for the amalgamation.\n- (i) holding the ballot; or\n- (ii) the procedure for the amalgamation.","sortOrder":104},{"sectionNumber":"sec.81","sectionType":"section","heading":"Notifying refusal of ballot application","content":"### sec.81 Notifying refusal of ballot application\n\nThis section applies if the commission refuses to approve a ballot application because the ballot condition in section 80 (1) (c) is not met and the commission is not satisfied as stated in section 80 (2) .\nThe registrar must publish a notice of the refusal in a newspaper in a way that, in the registrar’s opinion, is likely to come to the attention of persons who would likely have been affected by the proposed amalgamation to which the application relates.\nThe notice must state—\nthe ground stated in section 73 for an objection; and\nthe day under section 76 (1) by which a notice of objection must have been filed.\n(sec.81-ssec.1) This section applies if the commission refuses to approve a ballot application because the ballot condition in section 80 (1) (c) is not met and the commission is not satisfied as stated in section 80 (2) .\n(sec.81-ssec.2) The registrar must publish a notice of the refusal in a newspaper in a way that, in the registrar’s opinion, is likely to come to the attention of persons who would likely have been affected by the proposed amalgamation to which the application relates.\n(sec.81-ssec.3) The notice must state— the ground stated in section 73 for an objection; and the day under section 76 (1) by which a notice of objection must have been filed.\n- (a) the ground stated in section 73 for an objection; and\n- (b) the day under section 76 (1) by which a notice of objection must have been filed.","sortOrder":105},{"sectionNumber":"sec.82","sectionType":"section","heading":"Hearing objection","content":"### sec.82 Hearing objection\n\nWhen the time for filing a statement answering a notice of objection under section 76 (1) has ended, the commission must promptly—\nfix a time and place to hear objections to the application; and\ngive the applicant and any objector notice of the time and place of the hearing.\nThe commission may fix separate hearings for different objections.\n(sec.82-ssec.1) When the time for filing a statement answering a notice of objection under section 76 (1) has ended, the commission must promptly— fix a time and place to hear objections to the application; and give the applicant and any objector notice of the time and place of the hearing.\n(sec.82-ssec.2) The commission may fix separate hearings for different objections.\n- (a) fix a time and place to hear objections to the application; and\n- (b) give the applicant and any objector notice of the time and place of the hearing.","sortOrder":106},{"sectionNumber":"sec.83","sectionType":"section","heading":"Amalgamation ballot approval after hearing objections","content":"### sec.83 Amalgamation ballot approval after hearing objections\n\nAfter the hearing of objections under section 82 , the commission must allow the application and approve the submission of the amalgamation to ballot if it considers the application meets the following conditions (the ballot conditions )—\nthe application complies with section 61 ;\nthe amalgamation involves registering a proposed organisation;\na person ineligible for membership of an existing organisation for the amalgamation will not be eligible for membership of the amalgamated organisation;\nif the name of the proposed amalgamated organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name;\nthe proposed amalgamated organisation’s rules and any proposed amendment of an existing organisation’s rules do not contravene the Act or an industrial instrument;\na proposed deregistration of an existing organisation complies with the Act .\nIf the commission considers the application does not meet the ballot conditions, it may allow the application only if satisfied the ballot conditions will be met by—\npermitting the applicant to amend the amalgamation scheme; or\naccepting the applicant’s undertaking to amend the amalgamation scheme.\nIf the commission considers an application does not meet the ballot conditions and is not satisfied the ballot conditions will be met by the things mentioned in subsection (2) , the commission must allow the application only if satisfied—\nno properly made objection is justified; and\nthe amalgamation does not contravene the Act or an industrial instrument.\nIf the commission is not satisfied under subsection (1) , (2) or (3) it must—\nrefuse the application; or\nadjourn the proceeding.\nA permission under subsection (2) (a) may—\ndespite an existing organisation’s rules, allow the organisation to amend the scheme, including proposed alterations to the organisation’s rules; and\nprovide for the procedure that, despite the rules, may or must be followed by the management committee for the application; and\nbe given on conditions stated by the commission.\nIf an undertaking under subsection (2) (b) or conditions under subsection (5) (c) are contravened, the commission may—\namend the scheme; or\ngive orders or directions about—\nholding the ballot; or\nthe procedure for the amalgamation.\nSubsections (4) and (6) do not limit the commission’s other powers.\n(sec.83-ssec.1) After the hearing of objections under section 82 , the commission must allow the application and approve the submission of the amalgamation to ballot if it considers the application meets the following conditions (the ballot conditions )— the application complies with section 61 ; the amalgamation involves registering a proposed organisation; a person ineligible for membership of an existing organisation for the amalgamation will not be eligible for membership of the amalgamated organisation; if the name of the proposed amalgamated organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name; the proposed amalgamated organisation’s rules and any proposed amendment of an existing organisation’s rules do not contravene the Act or an industrial instrument; a proposed deregistration of an existing organisation complies with the Act .\n(sec.83-ssec.2) If the commission considers the application does not meet the ballot conditions, it may allow the application only if satisfied the ballot conditions will be met by— permitting the applicant to amend the amalgamation scheme; or accepting the applicant’s undertaking to amend the amalgamation scheme.\n(sec.83-ssec.3) If the commission considers an application does not meet the ballot conditions and is not satisfied the ballot conditions will be met by the things mentioned in subsection (2) , the commission must allow the application only if satisfied— no properly made objection is justified; and the amalgamation does not contravene the Act or an industrial instrument.\n(sec.83-ssec.4) If the commission is not satisfied under subsection (1) , (2) or (3) it must— refuse the application; or adjourn the proceeding.\n(sec.83-ssec.5) A permission under subsection (2) (a) may— despite an existing organisation’s rules, allow the organisation to amend the scheme, including proposed alterations to the organisation’s rules; and provide for the procedure that, despite the rules, may or must be followed by the management committee for the application; and be given on conditions stated by the commission.\n(sec.83-ssec.6) If an undertaking under subsection (2) (b) or conditions under subsection (5) (c) are contravened, the commission may— amend the scheme; or give orders or directions about— holding the ballot; or the procedure for the amalgamation.\n(sec.83-ssec.7) Subsections (4) and (6) do not limit the commission’s other powers.\n- (a) the application complies with section 61 ;\n- (b) the amalgamation involves registering a proposed organisation;\n- (c) a person ineligible for membership of an existing organisation for the amalgamation will not be eligible for membership of the amalgamated organisation;\n- (d) if the name of the proposed amalgamated organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name;\n- (e) the proposed amalgamated organisation’s rules and any proposed amendment of an existing organisation’s rules do not contravene the Act or an industrial instrument;\n- (f) a proposed deregistration of an existing organisation complies with the Act .\n- (a) permitting the applicant to amend the amalgamation scheme; or\n- (b) accepting the applicant’s undertaking to amend the amalgamation scheme.\n- (a) no properly made objection is justified; and\n- (b) the amalgamation does not contravene the Act or an industrial instrument.\n- (a) refuse the application; or\n- (b) adjourn the proceeding.\n- (a) despite an existing organisation’s rules, allow the organisation to amend the scheme, including proposed alterations to the organisation’s rules; and\n- (b) provide for the procedure that, despite the rules, may or must be followed by the management committee for the application; and\n- (c) be given on conditions stated by the commission.\n- (a) amend the scheme; or\n- (b) give orders or directions about— (i) holding the ballot; or (ii) the procedure for the amalgamation.\n- (i) holding the ballot; or\n- (ii) the procedure for the amalgamation.\n- (i) holding the ballot; or\n- (ii) the procedure for the amalgamation.","sortOrder":107},{"sectionNumber":"sec.84","sectionType":"section","heading":"Withdrawal ballot approval","content":"### sec.84 Withdrawal ballot approval\n\nAt the hearing for a proposed withdrawal, the commission must allow the application and approve the submission of the withdrawal to ballot if it considers the application meets the following conditions—\nthe application for the ballot is made as required by section 62 ;\nif the name of the proposed newly registered organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name;\nthe proposed newly registered organisation’s rules do not contravene the Act or an industrial instrument.\nIf the commission orders that a ballot be held, it may make the orders it considers appropriate for the conduct of the ballot.\n(sec.84-ssec.1) At the hearing for a proposed withdrawal, the commission must allow the application and approve the submission of the withdrawal to ballot if it considers the application meets the following conditions— the application for the ballot is made as required by section 62 ; if the name of the proposed newly registered organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name; the proposed newly registered organisation’s rules do not contravene the Act or an industrial instrument.\n(sec.84-ssec.2) If the commission orders that a ballot be held, it may make the orders it considers appropriate for the conduct of the ballot.\n- (a) the application for the ballot is made as required by section 62 ;\n- (b) if the name of the proposed newly registered organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name;\n- (c) the proposed newly registered organisation’s rules do not contravene the Act or an industrial instrument.","sortOrder":108},{"sectionNumber":"sec.85","sectionType":"section","heading":"Ballot exemption—number of members","content":"### sec.85 Ballot exemption—number of members\n\nThis section applies at a hearing for a proposed amalgamation if a ballot exemption application under section 63 was filed with the ballot application for the amalgamation.\nIf the number of persons that could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the applicant’s management committee resolved to make the application, the commission must allow the ballot exemption, unless it considers the exemption should be refused because of special circumstances.\nIf the commission gives the exemption, the organisation’s members are taken to have approved—\nthe proposed amalgamation; and\neach proposed alternative amalgamation.\n(sec.85-ssec.1) This section applies at a hearing for a proposed amalgamation if a ballot exemption application under section 63 was filed with the ballot application for the amalgamation.\n(sec.85-ssec.2) If the number of persons that could become members of the proposed amalgamated organisation is not more than 25% of the number of members of the applicant when the applicant’s management committee resolved to make the application, the commission must allow the ballot exemption, unless it considers the exemption should be refused because of special circumstances.\n(sec.85-ssec.3) If the commission gives the exemption, the organisation’s members are taken to have approved— the proposed amalgamation; and each proposed alternative amalgamation.\n- (a) the proposed amalgamation; and\n- (b) each proposed alternative amalgamation.","sortOrder":109},{"sectionNumber":"sec.86","sectionType":"section","heading":"Amalgamation ballot exemption—recognising federal ballot","content":"### sec.86 Amalgamation ballot exemption—recognising federal ballot\n\nIf an application for an exemption from holding an amalgamation ballot has been made under section 64 , the commission may give the exemption only if satisfied—\nthe percentage of Queensland voters in the federal ballot approving the amalgamation was the same as, or more than, the percentage that would have been required to approve the amalgamation under section 116 had the Queensland voters been voting in a ballot for an amalgamation to which section 116 applied; and\nif the organisations’ and the counterpart federal bodies’ eligibility rules differ—the interests of the organisations’ members who were ineligible to vote in the federal ballot have not been detrimentally affected; and\nany objections on the ground mentioned in section 73 have been resolved; and\nall likely legal challenges, including inquiries under the Commonwealth Registered Organisations Act , in the federal jurisdiction have ended.\nIf the commission is satisfied of the things mentioned in subsection (1) , the commission must give the exemption, unless it considers the exemption should be refused because of special circumstances.\nIf the commission gives the exemption, the organisation’s members are taken to have approved—\nthe proposed amalgamation; and\neach proposed alternative amalgamation.\nIn this section—\nfederal ballot means a ballot that has been held under the Commonwealth Registered Organisations Act to approve a proposed amalgamation.\n(sec.86-ssec.1) If an application for an exemption from holding an amalgamation ballot has been made under section 64 , the commission may give the exemption only if satisfied— the percentage of Queensland voters in the federal ballot approving the amalgamation was the same as, or more than, the percentage that would have been required to approve the amalgamation under section 116 had the Queensland voters been voting in a ballot for an amalgamation to which section 116 applied; and if the organisations’ and the counterpart federal bodies’ eligibility rules differ—the interests of the organisations’ members who were ineligible to vote in the federal ballot have not been detrimentally affected; and any objections on the ground mentioned in section 73 have been resolved; and all likely legal challenges, including inquiries under the Commonwealth Registered Organisations Act , in the federal jurisdiction have ended.\n(sec.86-ssec.2) If the commission is satisfied of the things mentioned in subsection (1) , the commission must give the exemption, unless it considers the exemption should be refused because of special circumstances.\n(sec.86-ssec.3) If the commission gives the exemption, the organisation’s members are taken to have approved— the proposed amalgamation; and each proposed alternative amalgamation.\n(sec.86-ssec.4) In this section— federal ballot means a ballot that has been held under the Commonwealth Registered Organisations Act to approve a proposed amalgamation.\n- (a) the percentage of Queensland voters in the federal ballot approving the amalgamation was the same as, or more than, the percentage that would have been required to approve the amalgamation under section 116 had the Queensland voters been voting in a ballot for an amalgamation to which section 116 applied; and\n- (b) if the organisations’ and the counterpart federal bodies’ eligibility rules differ—the interests of the organisations’ members who were ineligible to vote in the federal ballot have not been detrimentally affected; and\n- (c) any objections on the ground mentioned in section 73 have been resolved; and\n- (d) all likely legal challenges, including inquiries under the Commonwealth Registered Organisations Act , in the federal jurisdiction have ended.\n- (a) the proposed amalgamation; and\n- (b) each proposed alternative amalgamation.","sortOrder":110},{"sectionNumber":"sec.87","sectionType":"section","heading":"Withdrawal ballot exemption—recognising federal ballot","content":"### sec.87 Withdrawal ballot exemption—recognising federal ballot\n\nIf an application for an exemption from holding a ballot for a proposed withdrawal is made under section 65 , the commission may give the exemption only if satisfied—\nthe percentage of Queensland voters in the federal ballot approving the withdrawal from amalgamation was the same as, or more than, the percentage that would have been required to approve the withdrawal under section 116 had the Queensland voters been voting in a ballot for a withdrawal to which section 116 applied; and\nif the proposed newly registered organisation’s eligibility rules are different from those of the organisation registered under the Commonwealth Registered Organisations Act , section 110 —the interests of the constituent members who were ineligible to vote in the federal ballot have not been detrimentally affected; and\nobjections about the possible changes of eligibility rules have been resolved; and\nall likely legal challenges, including inquiries under the Commonwealth Registered Organisations Act , in the federal jurisdiction have ended.\nIf the commission is satisfied of the things mentioned in subsection (1) , the commission must give the exemption, unless it considers the exemption should be refused because of special circumstances.\nIf the commission gives an exemption, the constituent members are taken to have approved the withdrawal.\nIn this section—\nfederal ballot means a ballot that has been held under the Commonwealth Registered Organisations Act to decide whether a constituent part of an amalgamated organisation under that Act should withdraw from the organisation.\n(sec.87-ssec.1) If an application for an exemption from holding a ballot for a proposed withdrawal is made under section 65 , the commission may give the exemption only if satisfied— the percentage of Queensland voters in the federal ballot approving the withdrawal from amalgamation was the same as, or more than, the percentage that would have been required to approve the withdrawal under section 116 had the Queensland voters been voting in a ballot for a withdrawal to which section 116 applied; and if the proposed newly registered organisation’s eligibility rules are different from those of the organisation registered under the Commonwealth Registered Organisations Act , section 110 —the interests of the constituent members who were ineligible to vote in the federal ballot have not been detrimentally affected; and objections about the possible changes of eligibility rules have been resolved; and all likely legal challenges, including inquiries under the Commonwealth Registered Organisations Act , in the federal jurisdiction have ended.\n(sec.87-ssec.2) If the commission is satisfied of the things mentioned in subsection (1) , the commission must give the exemption, unless it considers the exemption should be refused because of special circumstances.\n(sec.87-ssec.3) If the commission gives an exemption, the constituent members are taken to have approved the withdrawal.\n(sec.87-ssec.4) In this section— federal ballot means a ballot that has been held under the Commonwealth Registered Organisations Act to decide whether a constituent part of an amalgamated organisation under that Act should withdraw from the organisation.\n- (a) the percentage of Queensland voters in the federal ballot approving the withdrawal from amalgamation was the same as, or more than, the percentage that would have been required to approve the withdrawal under section 116 had the Queensland voters been voting in a ballot for a withdrawal to which section 116 applied; and\n- (b) if the proposed newly registered organisation’s eligibility rules are different from those of the organisation registered under the Commonwealth Registered Organisations Act , section 110 —the interests of the constituent members who were ineligible to vote in the federal ballot have not been detrimentally affected; and\n- (c) objections about the possible changes of eligibility rules have been resolved; and\n- (d) all likely legal challenges, including inquiries under the Commonwealth Registered Organisations Act , in the federal jurisdiction have ended.","sortOrder":111},{"sectionNumber":"sec.88","sectionType":"section","heading":"Alternative ballot approval","content":"### sec.88 Alternative ballot approval\n\nThis section applies to a hearing for a proposed amalgamation or withdrawal if an application for an alternative ballot has been made under section 66 .\nAfter consulting with the manager of the ballot, the commission must approve the alternative ballot if satisfied the proposal—\nis practicable; and\ncomplies with section 66 (3) ; and\nis likely to give members of the existing organisation, or constituent members, with a right to vote—\nfuller participation than a ballot under section 95 ; and\nan adequate opportunity to vote on the amalgamation without intimidation.\n(sec.88-ssec.1) This section applies to a hearing for a proposed amalgamation or withdrawal if an application for an alternative ballot has been made under section 66 .\n(sec.88-ssec.2) After consulting with the manager of the ballot, the commission must approve the alternative ballot if satisfied the proposal— is practicable; and complies with section 66 (3) ; and is likely to give members of the existing organisation, or constituent members, with a right to vote— fuller participation than a ballot under section 95 ; and an adequate opportunity to vote on the amalgamation without intimidation.\n- (a) is practicable; and\n- (b) complies with section 66 (3) ; and\n- (c) is likely to give members of the existing organisation, or constituent members, with a right to vote— (i) fuller participation than a ballot under section 95 ; and (ii) an adequate opportunity to vote on the amalgamation without intimidation.\n- (i) fuller participation than a ballot under section 95 ; and\n- (ii) an adequate opportunity to vote on the amalgamation without intimidation.\n- (i) fuller participation than a ballot under section 95 ; and\n- (ii) an adequate opportunity to vote on the amalgamation without intimidation.","sortOrder":112},{"sectionNumber":"sec.89","sectionType":"section","heading":"Notice to manager of ballot","content":"### sec.89 Notice to manager of ballot\n\nIf the commission approves a ballot for a proposed amalgamation or withdrawal, the registrar must promptly—\nnotify the manager of the ballot; and\ngive the manager a copy of the ballot documents.\nAfter the manager is notified, the manager must promptly take the action the manager considers necessary to hold the ballot as quickly as possible.\nIn this section—\nballot documents means—\nthe scheme, scheme outline and each ‘yes’ case; and\neach ‘no’ case; and\neach amendment of, or document filed in substitution for, a document mentioned in paragraph (a) or (b) .\n(sec.89-ssec.1) If the commission approves a ballot for a proposed amalgamation or withdrawal, the registrar must promptly— notify the manager of the ballot; and give the manager a copy of the ballot documents.\n(sec.89-ssec.2) After the manager is notified, the manager must promptly take the action the manager considers necessary to hold the ballot as quickly as possible.\n(sec.89-ssec.3) In this section— ballot documents means— the scheme, scheme outline and each ‘yes’ case; and each ‘no’ case; and each amendment of, or document filed in substitution for, a document mentioned in paragraph (a) or (b) .\n- (a) notify the manager of the ballot; and\n- (b) give the manager a copy of the ballot documents.\n- (a) the scheme, scheme outline and each ‘yes’ case; and\n- (b) each ‘no’ case; and\n- (c) each amendment of, or document filed in substitution for, a document mentioned in paragraph (a) or (b) .","sortOrder":113},{"sectionNumber":"sec.90","sectionType":"section","heading":"Fixing ballot period","content":"### sec.90 Fixing ballot period\n\nIf the commission approves the submission of a proposed amalgamation or withdrawal to a ballot, the commission must—\nconsult with the manager of the ballot about the matters mentioned in paragraphs (b) and (c) ; and\nfix days and times for the ballot to start and finish; and\nfix the roll cut-off day under section 107 .\nThe ballot must start within 28 days of the approval, unless—\nthe commission is satisfied the manager of the ballot needs more time to arrange the ballot; or\nthe applicant for the amalgamation or withdrawal ballot requests a later day.\nIf a scheme for a proposed amalgamation has 1 or more proposed alternative schemes, all ballots for the proposed amalgamation and proposed alternative amalgamations must have the same start and finish days.\nThe commission may, after consulting with the manager of the ballot, change the start or finish day.\n(sec.90-ssec.1) If the commission approves the submission of a proposed amalgamation or withdrawal to a ballot, the commission must— consult with the manager of the ballot about the matters mentioned in paragraphs (b) and (c) ; and fix days and times for the ballot to start and finish; and fix the roll cut-off day under section 107 .\n(sec.90-ssec.2) The ballot must start within 28 days of the approval, unless— the commission is satisfied the manager of the ballot needs more time to arrange the ballot; or the applicant for the amalgamation or withdrawal ballot requests a later day.\n(sec.90-ssec.3) If a scheme for a proposed amalgamation has 1 or more proposed alternative schemes, all ballots for the proposed amalgamation and proposed alternative amalgamations must have the same start and finish days.\n(sec.90-ssec.4) The commission may, after consulting with the manager of the ballot, change the start or finish day.\n- (a) consult with the manager of the ballot about the matters mentioned in paragraphs (b) and (c) ; and\n- (b) fix days and times for the ballot to start and finish; and\n- (c) fix the roll cut-off day under section 107 .\n- (a) the commission is satisfied the manager of the ballot needs more time to arrange the ballot; or\n- (b) the applicant for the amalgamation or withdrawal ballot requests a later day.","sortOrder":114},{"sectionNumber":"pt.13-div.9","sectionType":"division","heading":"Ballots","content":"## Ballots","sortOrder":115},{"sectionNumber":"sec.91","sectionType":"section","heading":"Electoral commission to conduct ballot","content":"### sec.91 Electoral commission to conduct ballot\n\nA ballot for a proposed amalgamation or withdrawal must be conducted by the electoral commission.","sortOrder":116},{"sectionNumber":"sec.92","sectionType":"section","heading":"Providing information and documents to electoral officers","content":"### sec.92 Providing information and documents to electoral officers\n\nThis section applies if—\nthe registrar has notified the electoral commission of an application for a ballot for a proposed amalgamation or withdrawal; and\nthe electoral commission has, by written notice, appointed an electoral officer as manager of the ballot; and\nthe manager considers the following are reasonably necessary for a ballot that is or may be required because of the application—\ninformation within the knowledge of an officer of an existing organisation, amalgamated organisation or constituent part;\ndocuments in the officer’s custody or control or to which the officer has access.\nThe manager may, by written notice, require the officer to—\ngive the manager information within the officer’s knowledge; and\nproduce the following to the manager—\ndocuments in the officer’s custody or control; or\ndocuments to which the officer has access.\nThe notice must state—\nif it requires the officer to give information—\nthe information required; and\na period, of at least 7 days, in which the information is to be given; and\na reasonable way of giving it; and\nif it requires the officer to produce documents—\nthe documents required; and\na reasonable period, of at least 7 days, in which the documents are to be produced; and\na reasonable place at which the documents are to be produced.\nThe officer must not contravene the notice, unless the officer has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIt is a reasonable excuse for the officer not to comply with the notice if doing so might tend to incriminate the officer.\nIn this section—\nofficer , of an organisation, includes an employee of the organisation.\n(sec.92-ssec.1) This section applies if— the registrar has notified the electoral commission of an application for a ballot for a proposed amalgamation or withdrawal; and the electoral commission has, by written notice, appointed an electoral officer as manager of the ballot; and the manager considers the following are reasonably necessary for a ballot that is or may be required because of the application— information within the knowledge of an officer of an existing organisation, amalgamated organisation or constituent part; documents in the officer’s custody or control or to which the officer has access.\n(sec.92-ssec.2) The manager may, by written notice, require the officer to— give the manager information within the officer’s knowledge; and produce the following to the manager— documents in the officer’s custody or control; or documents to which the officer has access.\n(sec.92-ssec.3) The notice must state— if it requires the officer to give information— the information required; and a period, of at least 7 days, in which the information is to be given; and a reasonable way of giving it; and if it requires the officer to produce documents— the documents required; and a reasonable period, of at least 7 days, in which the documents are to be produced; and a reasonable place at which the documents are to be produced.\n(sec.92-ssec.4) The officer must not contravene the notice, unless the officer has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.92-ssec.5) It is a reasonable excuse for the officer not to comply with the notice if doing so might tend to incriminate the officer.\n(sec.92-ssec.6) In this section— officer , of an organisation, includes an employee of the organisation.\n- (a) the registrar has notified the electoral commission of an application for a ballot for a proposed amalgamation or withdrawal; and\n- (b) the electoral commission has, by written notice, appointed an electoral officer as manager of the ballot; and\n- (c) the manager considers the following are reasonably necessary for a ballot that is or may be required because of the application— (i) information within the knowledge of an officer of an existing organisation, amalgamated organisation or constituent part; (ii) documents in the officer’s custody or control or to which the officer has access.\n- (i) information within the knowledge of an officer of an existing organisation, amalgamated organisation or constituent part;\n- (ii) documents in the officer’s custody or control or to which the officer has access.\n- (i) information within the knowledge of an officer of an existing organisation, amalgamated organisation or constituent part;\n- (ii) documents in the officer’s custody or control or to which the officer has access.\n- (a) give the manager information within the officer’s knowledge; and\n- (b) produce the following to the manager— (i) documents in the officer’s custody or control; or (ii) documents to which the officer has access.\n- (i) documents in the officer’s custody or control; or\n- (ii) documents to which the officer has access.\n- (i) documents in the officer’s custody or control; or\n- (ii) documents to which the officer has access.\n- (a) if it requires the officer to give information— (i) the information required; and (ii) a period, of at least 7 days, in which the information is to be given; and (iii) a reasonable way of giving it; and\n- (i) the information required; and\n- (ii) a period, of at least 7 days, in which the information is to be given; and\n- (iii) a reasonable way of giving it; and\n- (b) if it requires the officer to produce documents— (i) the documents required; and (ii) a reasonable period, of at least 7 days, in which the documents are to be produced; and (iii) a reasonable place at which the documents are to be produced.\n- (i) the documents required; and\n- (ii) a reasonable period, of at least 7 days, in which the documents are to be produced; and\n- (iii) a reasonable place at which the documents are to be produced.\n- (i) the information required; and\n- (ii) a period, of at least 7 days, in which the information is to be given; and\n- (iii) a reasonable way of giving it; and\n- (i) the documents required; and\n- (ii) a reasonable period, of at least 7 days, in which the documents are to be produced; and\n- (iii) a reasonable place at which the documents are to be produced.","sortOrder":117},{"sectionNumber":"sec.93","sectionType":"section","heading":"Action and directions by manager of ballot","content":"### sec.93 Action and directions by manager of ballot\n\nA manager of a ballot for a proposed amalgamation or proposed withdrawal may take the action and give the directions the manager reasonably considers necessary to ensure no unlawful disclosure or irregularity happens in the ballot.","sortOrder":118},{"sectionNumber":"sec.94","sectionType":"section","heading":"Manager of ballot must give copy of scheme or outline if asked","content":"### sec.94 Manager of ballot must give copy of scheme or outline if asked\n\nThis section applies if—\na manager of a ballot for a proposed amalgamation or proposed withdrawal has received a copy of—\nthe ballot application for the ballot; or\na scheme or scheme outline for a ballot application; and\na voter asks for a copy of the ballot application, scheme or scheme outline.\nThe manager must promptly give the voter a copy, free of charge.\n(sec.94-ssec.1) This section applies if— a manager of a ballot for a proposed amalgamation or proposed withdrawal has received a copy of— the ballot application for the ballot; or a scheme or scheme outline for a ballot application; and a voter asks for a copy of the ballot application, scheme or scheme outline.\n(sec.94-ssec.2) The manager must promptly give the voter a copy, free of charge.\n- (a) a manager of a ballot for a proposed amalgamation or proposed withdrawal has received a copy of— (i) the ballot application for the ballot; or (ii) a scheme or scheme outline for a ballot application; and\n- (i) the ballot application for the ballot; or\n- (ii) a scheme or scheme outline for a ballot application; and\n- (b) a voter asks for a copy of the ballot application, scheme or scheme outline.\n- (i) the ballot application for the ballot; or\n- (ii) a scheme or scheme outline for a ballot application; and","sortOrder":119},{"sectionNumber":"sec.95","sectionType":"section","heading":"Members’ secret postal ballot","content":"### sec.95 Members’ secret postal ballot\n\nThis section applies to each existing organisation concerned in a proposed amalgamation, and to a constituent part concerned in a proposed withdrawal, if—\nthe commission has approved a ballot for the amalgamation or withdrawal; and\nthe commission—\nhas not approved an alternative ballot for the amalgamation or withdrawal; or\nfor a proposed amalgamation—has not given the organisation a ballot exemption under section 85 or 86 ; or\nfor a proposed withdrawal—has not given the constituent part a ballot exemption under section 87 .\nThe manager of the ballot must carry out secret postal ballots of the members who have a right to vote in the ballot on the amalgamation or withdrawal about—\nwhether the members approve the proposed amalgamation or withdrawal; and\nif the scheme for the amalgamation has an alternative scheme—if the proposed amalgamation does not take place, whether the members approve the alternative amalgamation.\nIf there is an alternative scheme for an amalgamation, the same ballot paper must be used for voting on the proposed amalgamation and proposed alternative amalgamation.\n(sec.95-ssec.1) This section applies to each existing organisation concerned in a proposed amalgamation, and to a constituent part concerned in a proposed withdrawal, if— the commission has approved a ballot for the amalgamation or withdrawal; and the commission— has not approved an alternative ballot for the amalgamation or withdrawal; or for a proposed amalgamation—has not given the organisation a ballot exemption under section 85 or 86 ; or for a proposed withdrawal—has not given the constituent part a ballot exemption under section 87 .\n(sec.95-ssec.2) The manager of the ballot must carry out secret postal ballots of the members who have a right to vote in the ballot on the amalgamation or withdrawal about— whether the members approve the proposed amalgamation or withdrawal; and if the scheme for the amalgamation has an alternative scheme—if the proposed amalgamation does not take place, whether the members approve the alternative amalgamation.\n(sec.95-ssec.3) If there is an alternative scheme for an amalgamation, the same ballot paper must be used for voting on the proposed amalgamation and proposed alternative amalgamation.\n- (a) the commission has approved a ballot for the amalgamation or withdrawal; and\n- (b) the commission— (i) has not approved an alternative ballot for the amalgamation or withdrawal; or (ii) for a proposed amalgamation—has not given the organisation a ballot exemption under section 85 or 86 ; or (iii) for a proposed withdrawal—has not given the constituent part a ballot exemption under section 87 .\n- (i) has not approved an alternative ballot for the amalgamation or withdrawal; or\n- (ii) for a proposed amalgamation—has not given the organisation a ballot exemption under section 85 or 86 ; or\n- (iii) for a proposed withdrawal—has not given the constituent part a ballot exemption under section 87 .\n- (i) has not approved an alternative ballot for the amalgamation or withdrawal; or\n- (ii) for a proposed amalgamation—has not given the organisation a ballot exemption under section 85 or 86 ; or\n- (iii) for a proposed withdrawal—has not given the constituent part a ballot exemption under section 87 .\n- (a) whether the members approve the proposed amalgamation or withdrawal; and\n- (b) if the scheme for the amalgamation has an alternative scheme—if the proposed amalgamation does not take place, whether the members approve the alternative amalgamation.","sortOrder":120},{"sectionNumber":"sec.96","sectionType":"section","heading":"Form of ballot paper","content":"### sec.96 Form of ballot paper\n\nA ballot paper must be in the form provided for in the rules made under section 551 of the Act .","sortOrder":121},{"sectionNumber":"sec.97","sectionType":"section","heading":"Notice of ballot","content":"### sec.97 Notice of ballot\n\nThe manager of a ballot for a proposed amalgamation or withdrawal must, before the ballot starts, give each person with a right to vote in the ballot notice of the start and finish days and times of the ballot.\nIf the commission has approved an alternative ballot under section 88 (2) , the manager of the ballot must—\nfix the place for the ballot; and\ngive at least 21 days notice to each voter of—\nthe place, day and times; and\nthe procedure to get and cast an absentee vote.\nThe manager of the ballot may give a notice under this section by—\npost addressed to the voter’s residential address; or\nincluding it in a publication the organisation or constituent part gives the organisation’s members with a right to vote in the ballot free of charge; or\nanother way the manager considers will reasonably bring the notice to each member’s attention.\n(sec.97-ssec.1) The manager of a ballot for a proposed amalgamation or withdrawal must, before the ballot starts, give each person with a right to vote in the ballot notice of the start and finish days and times of the ballot.\n(sec.97-ssec.2) If the commission has approved an alternative ballot under section 88 (2) , the manager of the ballot must— fix the place for the ballot; and give at least 21 days notice to each voter of— the place, day and times; and the procedure to get and cast an absentee vote.\n(sec.97-ssec.3) The manager of the ballot may give a notice under this section by— post addressed to the voter’s residential address; or including it in a publication the organisation or constituent part gives the organisation’s members with a right to vote in the ballot free of charge; or another way the manager considers will reasonably bring the notice to each member’s attention.\n- (a) fix the place for the ballot; and\n- (b) give at least 21 days notice to each voter of— (i) the place, day and times; and (ii) the procedure to get and cast an absentee vote.\n- (i) the place, day and times; and\n- (ii) the procedure to get and cast an absentee vote.\n- (i) the place, day and times; and\n- (ii) the procedure to get and cast an absentee vote.\n- (a) post addressed to the voter’s residential address; or\n- (b) including it in a publication the organisation or constituent part gives the organisation’s members with a right to vote in the ballot free of charge; or\n- (c) another way the manager considers will reasonably bring the notice to each member’s attention.","sortOrder":122},{"sectionNumber":"sec.98","sectionType":"section","heading":"Postal ballots—distributing voting material","content":"### sec.98 Postal ballots—distributing voting material\n\nA manager of a secret postal ballot must post the following material for the ballot (the voting material ) to each voter—\na ballot paper initialled by the manager;\na copy of the scheme outline and any amendments to it;\na copy of each ‘yes’ case and any amendments to it;\na copy of each ‘no’ case and any amendments to it;\nan unsealed reply paid envelope (a return envelope ) addressed to the manager;\na ballot envelope and voting declaration;\nother material the manager considers appropriate for the ballot, including, for example, directions or notes to help the voter to comply with the Act and cast a valid vote;\na statement telling the voter how and where the voter may obtain a copy of the latest version of the scheme.\nThe voting declaration must state ‘I certify I am the person whose name appears on this envelope and I have voted on the ballot paper enclosed.’.\nThe voting material must be posted to a voter—\nin a sealed envelope addressed to the voter’s address on the roll for the ballot; and\nas soon as practicable, but not earlier than 2 days before the start day of the ballot.\nIf a voter gives the manager notice that the voter will be at an address other than the address stated on the roll when voting material is to be given, the manager must post the material to the address stated in the notice.\nBefore posting voting material to a voter, the manager must mark a ballot number for each voter on—\nthe roll against the voter’s name; and\nthe voting declaration.\nThe manager must give each voter a different ballot number.\nThe ballot numbers must start with a number chosen by the manager.\nA ballot paper or ballot envelope must not be marked in a way that could identify the voter.\n(sec.98-ssec.1) A manager of a secret postal ballot must post the following material for the ballot (the voting material ) to each voter— a ballot paper initialled by the manager; a copy of the scheme outline and any amendments to it; a copy of each ‘yes’ case and any amendments to it; a copy of each ‘no’ case and any amendments to it; an unsealed reply paid envelope (a return envelope ) addressed to the manager; a ballot envelope and voting declaration; other material the manager considers appropriate for the ballot, including, for example, directions or notes to help the voter to comply with the Act and cast a valid vote; a statement telling the voter how and where the voter may obtain a copy of the latest version of the scheme.\n(sec.98-ssec.2) The voting declaration must state ‘I certify I am the person whose name appears on this envelope and I have voted on the ballot paper enclosed.’.\n(sec.98-ssec.3) The voting material must be posted to a voter— in a sealed envelope addressed to the voter’s address on the roll for the ballot; and as soon as practicable, but not earlier than 2 days before the start day of the ballot.\n(sec.98-ssec.4) If a voter gives the manager notice that the voter will be at an address other than the address stated on the roll when voting material is to be given, the manager must post the material to the address stated in the notice.\n(sec.98-ssec.5) Before posting voting material to a voter, the manager must mark a ballot number for each voter on— the roll against the voter’s name; and the voting declaration.\n(sec.98-ssec.6) The manager must give each voter a different ballot number.\n(sec.98-ssec.7) The ballot numbers must start with a number chosen by the manager.\n(sec.98-ssec.8) A ballot paper or ballot envelope must not be marked in a way that could identify the voter.\n- (a) a ballot paper initialled by the manager;\n- (b) a copy of the scheme outline and any amendments to it;\n- (c) a copy of each ‘yes’ case and any amendments to it;\n- (d) a copy of each ‘no’ case and any amendments to it;\n- (e) an unsealed reply paid envelope (a return envelope ) addressed to the manager;\n- (f) a ballot envelope and voting declaration;\n- (g) other material the manager considers appropriate for the ballot, including, for example, directions or notes to help the voter to comply with the Act and cast a valid vote;\n- (h) a statement telling the voter how and where the voter may obtain a copy of the latest version of the scheme.\n- (a) in a sealed envelope addressed to the voter’s address on the roll for the ballot; and\n- (b) as soon as practicable, but not earlier than 2 days before the start day of the ballot.\n- (a) the roll against the voter’s name; and\n- (b) the voting declaration.","sortOrder":123},{"sectionNumber":"sec.99","sectionType":"section","heading":"Material for alternative ballots","content":"### sec.99 Material for alternative ballots\n\nThe manager of an alternative ballot must post to each voter at the voter’s address on the roll—\na copy of the latest version of—\nthe scheme outline for the proposed amalgamation or withdrawal and any amendments to it; and\neach ‘yes’ case for the proposed amalgamation or withdrawal and any amendments to it; and\neach ‘no’ case for the proposed amalgamation or withdrawal and any amendments to it; and\na statement telling the voter how and where the voter may obtain a copy of the latest version of the scheme.\nThe documents must be posted in enough time for them to be delivered, in the ordinary course of post, at least 7 days before the start day of the ballot.\n(sec.99-ssec.1) The manager of an alternative ballot must post to each voter at the voter’s address on the roll— a copy of the latest version of— the scheme outline for the proposed amalgamation or withdrawal and any amendments to it; and each ‘yes’ case for the proposed amalgamation or withdrawal and any amendments to it; and each ‘no’ case for the proposed amalgamation or withdrawal and any amendments to it; and a statement telling the voter how and where the voter may obtain a copy of the latest version of the scheme.\n(sec.99-ssec.2) The documents must be posted in enough time for them to be delivered, in the ordinary course of post, at least 7 days before the start day of the ballot.\n- (a) a copy of the latest version of— (i) the scheme outline for the proposed amalgamation or withdrawal and any amendments to it; and (ii) each ‘yes’ case for the proposed amalgamation or withdrawal and any amendments to it; and (iii) each ‘no’ case for the proposed amalgamation or withdrawal and any amendments to it; and\n- (i) the scheme outline for the proposed amalgamation or withdrawal and any amendments to it; and\n- (ii) each ‘yes’ case for the proposed amalgamation or withdrawal and any amendments to it; and\n- (iii) each ‘no’ case for the proposed amalgamation or withdrawal and any amendments to it; and\n- (b) a statement telling the voter how and where the voter may obtain a copy of the latest version of the scheme.\n- (i) the scheme outline for the proposed amalgamation or withdrawal and any amendments to it; and\n- (ii) each ‘yes’ case for the proposed amalgamation or withdrawal and any amendments to it; and\n- (iii) each ‘no’ case for the proposed amalgamation or withdrawal and any amendments to it; and","sortOrder":124},{"sectionNumber":"sec.100","sectionType":"section","heading":"Alternative ballots—distributing ballot papers","content":"### sec.100 Alternative ballots—distributing ballot papers\n\nThe manager of an alternative ballot must give a ballot paper initialled by the manager to each voter at the meeting at which the ballot is to be held.\nHowever, if a voter tells the manager the voter will be absent from the meeting, the manager must give the voter each of the following as soon as practicable before the meeting starts—\na ballot paper;\na ballot envelope;\na return envelope;\na voting declaration.\n(sec.100-ssec.1) The manager of an alternative ballot must give a ballot paper initialled by the manager to each voter at the meeting at which the ballot is to be held.\n(sec.100-ssec.2) However, if a voter tells the manager the voter will be absent from the meeting, the manager must give the voter each of the following as soon as practicable before the meeting starts— a ballot paper; a ballot envelope; a return envelope; a voting declaration.\n- (a) a ballot paper;\n- (b) a ballot envelope;\n- (c) a return envelope;\n- (d) a voting declaration.","sortOrder":125},{"sectionNumber":"sec.101","sectionType":"section","heading":"Duplicate ballot documents—postal voting","content":"### sec.101 Duplicate ballot documents—postal voting\n\nThis section applies if a ballot document for a proposed amalgamation or withdrawal posted to a voter—\nhas not been received by the voter; or\nhas been lost or destroyed; or\nis a ballot paper that has been spoilt.\nThe voter may apply to the manager of the ballot for a duplicate of the ballot document.\nThe application must—\nbe received by the manager on or before the finish day of the ballot; and\nstate the grounds for the application; and\nif practicable, be substantiated by evidence verifying or tending to verify the grounds; and\nstate the voter has not voted at the ballot; and\nif the ballot document is a spoilt ballot paper—be accompanied by the ballot paper.\nIf the application complies with subsection (3) , the manager must—\ngive a duplicate of the document to the voter; or\nfor a spoilt ballot paper—\nmark ‘spoilt’ on the paper; and\ninitial the paper where marked and keep the paper; and\ngive a fresh ballot paper to the voter.\nIn this section—\nballot document means—\na document mentioned in section 100 (2) ; or\nvoting material given to a voter under section 98 .\n(sec.101-ssec.1) This section applies if a ballot document for a proposed amalgamation or withdrawal posted to a voter— has not been received by the voter; or has been lost or destroyed; or is a ballot paper that has been spoilt.\n(sec.101-ssec.2) The voter may apply to the manager of the ballot for a duplicate of the ballot document.\n(sec.101-ssec.3) The application must— be received by the manager on or before the finish day of the ballot; and state the grounds for the application; and if practicable, be substantiated by evidence verifying or tending to verify the grounds; and state the voter has not voted at the ballot; and if the ballot document is a spoilt ballot paper—be accompanied by the ballot paper.\n(sec.101-ssec.4) If the application complies with subsection (3) , the manager must— give a duplicate of the document to the voter; or for a spoilt ballot paper— mark ‘spoilt’ on the paper; and initial the paper where marked and keep the paper; and give a fresh ballot paper to the voter.\n(sec.101-ssec.5) In this section— ballot document means— a document mentioned in section 100 (2) ; or voting material given to a voter under section 98 .\n- (a) has not been received by the voter; or\n- (b) has been lost or destroyed; or\n- (c) is a ballot paper that has been spoilt.\n- (a) be received by the manager on or before the finish day of the ballot; and\n- (b) state the grounds for the application; and\n- (c) if practicable, be substantiated by evidence verifying or tending to verify the grounds; and\n- (d) state the voter has not voted at the ballot; and\n- (e) if the ballot document is a spoilt ballot paper—be accompanied by the ballot paper.\n- (a) give a duplicate of the document to the voter; or\n- (b) for a spoilt ballot paper— (i) mark ‘spoilt’ on the paper; and (ii) initial the paper where marked and keep the paper; and (iii) give a fresh ballot paper to the voter.\n- (i) mark ‘spoilt’ on the paper; and\n- (ii) initial the paper where marked and keep the paper; and\n- (iii) give a fresh ballot paper to the voter.\n- (i) mark ‘spoilt’ on the paper; and\n- (ii) initial the paper where marked and keep the paper; and\n- (iii) give a fresh ballot paper to the voter.\n- (a) a document mentioned in section 100 (2) ; or\n- (b) voting material given to a voter under section 98 .","sortOrder":126},{"sectionNumber":"sec.102","sectionType":"section","heading":"Duplicate ballot papers—alternative ballot","content":"### sec.102 Duplicate ballot papers—alternative ballot\n\nIf a voter at an alternative ballot satisfies the manager of the ballot, before putting the ballot paper in the ballot box, that the voter has spoilt the paper, the manager must—\nmark ‘spoilt’ on the paper; and\ninitial the paper where marked and keep the paper; and\ngive a fresh ballot paper to the voter.\nIf a voter at an alternative ballot satisfies the manager of the ballot, before the ballot finishes, that the voter’s ballot paper has been lost, stolen or destroyed, the manager must give the voter a duplicate ballot paper.\n(sec.102-ssec.1) If a voter at an alternative ballot satisfies the manager of the ballot, before putting the ballot paper in the ballot box, that the voter has spoilt the paper, the manager must— mark ‘spoilt’ on the paper; and initial the paper where marked and keep the paper; and give a fresh ballot paper to the voter.\n(sec.102-ssec.2) If a voter at an alternative ballot satisfies the manager of the ballot, before the ballot finishes, that the voter’s ballot paper has been lost, stolen or destroyed, the manager must give the voter a duplicate ballot paper.\n- (a) mark ‘spoilt’ on the paper; and\n- (b) initial the paper where marked and keep the paper; and\n- (c) give a fresh ballot paper to the voter.","sortOrder":127},{"sectionNumber":"sec.103","sectionType":"section","heading":"Manager must keep a ballot box","content":"### sec.103 Manager must keep a ballot box\n\nThe manager must have a ballot box and—\nkeep the box in a safe place; and\nseal the box in a way that—\nallows voting material to be put in it until the ballot finishes; and\nprevents voting material from being taken from it until votes for the ballot are to be counted.\n- (a) keep the box in a safe place; and\n- (b) seal the box in a way that— (i) allows voting material to be put in it until the ballot finishes; and (ii) prevents voting material from being taken from it until votes for the ballot are to be counted.\n- (i) allows voting material to be put in it until the ballot finishes; and\n- (ii) prevents voting material from being taken from it until votes for the ballot are to be counted.\n- (i) allows voting material to be put in it until the ballot finishes; and\n- (ii) prevents voting material from being taken from it until votes for the ballot are to be counted.","sortOrder":128},{"sectionNumber":"sec.104","sectionType":"section","heading":"How to vote by post","content":"### sec.104 How to vote by post\n\nThis section applies if—\na ballot is a secret postal ballot; or\na voter is given voting material under section 100 (2) to cast an absentee vote in an alternative ballot.\nThe voter may vote only by completing the following steps—\ncompleting a ballot paper by complying with the instructions on the paper;\nputting the ballot paper in the ballot envelope;\nsealing the ballot envelope;\nfilling in and signing the voting declaration;\nputting the voting declaration and the ballot envelope in the return envelope;\nsealing the return envelope;\ncomplying with a direction given under section 98 (1) (g) ;\nreturning the return envelope to the manager of the ballot before the ballot finishes by—\nposting it so the manager receives it before the ballot finishes; or\nputting it in the ballot box before the ballot finishes.\n(sec.104-ssec.1) This section applies if— a ballot is a secret postal ballot; or a voter is given voting material under section 100 (2) to cast an absentee vote in an alternative ballot.\n(sec.104-ssec.2) The voter may vote only by completing the following steps— completing a ballot paper by complying with the instructions on the paper; putting the ballot paper in the ballot envelope; sealing the ballot envelope; filling in and signing the voting declaration; putting the voting declaration and the ballot envelope in the return envelope; sealing the return envelope; complying with a direction given under section 98 (1) (g) ; returning the return envelope to the manager of the ballot before the ballot finishes by— posting it so the manager receives it before the ballot finishes; or putting it in the ballot box before the ballot finishes.\n- (a) a ballot is a secret postal ballot; or\n- (b) a voter is given voting material under section 100 (2) to cast an absentee vote in an alternative ballot.\n- (a) completing a ballot paper by complying with the instructions on the paper;\n- (b) putting the ballot paper in the ballot envelope;\n- (c) sealing the ballot envelope;\n- (d) filling in and signing the voting declaration;\n- (e) putting the voting declaration and the ballot envelope in the return envelope;\n- (f) sealing the return envelope;\n- (g) complying with a direction given under section 98 (1) (g) ;\n- (h) returning the return envelope to the manager of the ballot before the ballot finishes by— (i) posting it so the manager receives it before the ballot finishes; or (ii) putting it in the ballot box before the ballot finishes.\n- (i) posting it so the manager receives it before the ballot finishes; or\n- (ii) putting it in the ballot box before the ballot finishes.\n- (i) posting it so the manager receives it before the ballot finishes; or\n- (ii) putting it in the ballot box before the ballot finishes.","sortOrder":129},{"sectionNumber":"sec.105","sectionType":"section","heading":"How to vote in an alternative ballot","content":"### sec.105 How to vote in an alternative ballot\n\nThis section applies to a vote at a meeting for an alternative ballot.\nThe voter must vote by—\ncompleting a ballot paper; and\ncomplying with the instructions on the paper about how to vote and putting it in the ballot box.\n(sec.105-ssec.1) This section applies to a vote at a meeting for an alternative ballot.\n(sec.105-ssec.2) The voter must vote by— completing a ballot paper; and complying with the instructions on the paper about how to vote and putting it in the ballot box.\n- (a) completing a ballot paper; and\n- (b) complying with the instructions on the paper about how to vote and putting it in the ballot box.","sortOrder":130},{"sectionNumber":"sec.106","sectionType":"section","heading":"How ballot manager must deal with voting material","content":"### sec.106 How ballot manager must deal with voting material\n\nA manager of a ballot for a proposed amalgamation or withdrawal must—\nput each return envelope apparently containing a ballot paper in the ballot box; and\nput all other voting material returned to the manager in a safe place until the vote has been counted.\nMaximum penalty—20 penalty units.\nIf, after the finish day of the ballot for a proposed amalgamation or withdrawal, the manager receives a return envelope apparently containing a ballot paper for the ballot, the manager must—\nkeep the envelope sealed; and\nmark the envelope ‘Received after the finish day’; and\nkeep the envelope in safe custody, but separately from voting material received before the finish day.\n(sec.106-ssec.1) A manager of a ballot for a proposed amalgamation or withdrawal must— put each return envelope apparently containing a ballot paper in the ballot box; and put all other voting material returned to the manager in a safe place until the vote has been counted. Maximum penalty—20 penalty units.\n(sec.106-ssec.2) If, after the finish day of the ballot for a proposed amalgamation or withdrawal, the manager receives a return envelope apparently containing a ballot paper for the ballot, the manager must— keep the envelope sealed; and mark the envelope ‘Received after the finish day’; and keep the envelope in safe custody, but separately from voting material received before the finish day.\n- (a) put each return envelope apparently containing a ballot paper in the ballot box; and\n- (b) put all other voting material returned to the manager in a safe place until the vote has been counted.\n- (a) keep the envelope sealed; and\n- (b) mark the envelope ‘Received after the finish day’; and\n- (c) keep the envelope in safe custody, but separately from voting material received before the finish day.","sortOrder":131},{"sectionNumber":"pt.13-div.10","sectionType":"division","heading":"Roll","content":"## Roll","sortOrder":132},{"sectionNumber":"sec.107","sectionType":"section","heading":"Roll—who may vote","content":"### sec.107 Roll—who may vote\n\nThe roll of voters for a ballot for a proposed amalgamation or withdrawal is the roll of persons having the right to vote at the ballot on a day (the roll cut-off day ) fixed by the commission.\nThe day fixed must be at least 30 days and not more than 60 days before the ballot starts.\nA person has the right to vote at a ballot for a proposed amalgamation if the person may, under the rules of the organisation, vote—\nat the ballot; or\nin an election.\nA person has the right to vote at a ballot for a proposed withdrawal if the person—\nis a member of the amalgamated organisation; and\nhas the right to be a member of the proposed newly registered organisation under its proposed eligibility rules after the withdrawal day.\nThe roll must be prepared at the direction of the manager of the ballot.\nThe manager must ensure the roll—\nstates each voter’s name and, opposite the voter’s name, the voter’s address; and\nis completed no less than 14 days before the ballot starts.\nMaximum penalty for subsection (6) —20 penalty units.\n(sec.107-ssec.1) The roll of voters for a ballot for a proposed amalgamation or withdrawal is the roll of persons having the right to vote at the ballot on a day (the roll cut-off day ) fixed by the commission.\n(sec.107-ssec.2) The day fixed must be at least 30 days and not more than 60 days before the ballot starts.\n(sec.107-ssec.3) A person has the right to vote at a ballot for a proposed amalgamation if the person may, under the rules of the organisation, vote— at the ballot; or in an election.\n(sec.107-ssec.4) A person has the right to vote at a ballot for a proposed withdrawal if the person— is a member of the amalgamated organisation; and has the right to be a member of the proposed newly registered organisation under its proposed eligibility rules after the withdrawal day.\n(sec.107-ssec.5) The roll must be prepared at the direction of the manager of the ballot.\n(sec.107-ssec.6) The manager must ensure the roll— states each voter’s name and, opposite the voter’s name, the voter’s address; and is completed no less than 14 days before the ballot starts. Maximum penalty for subsection (6) —20 penalty units.\n- (a) at the ballot; or\n- (b) in an election.\n- (a) is a member of the amalgamated organisation; and\n- (b) has the right to be a member of the proposed newly registered organisation under its proposed eligibility rules after the withdrawal day.\n- (a) states each voter’s name and, opposite the voter’s name, the voter’s address; and\n- (b) is completed no less than 14 days before the ballot starts.","sortOrder":133},{"sectionNumber":"sec.108","sectionType":"section","heading":"Roll—inspection","content":"### sec.108 Roll—inspection\n\nA manager of a ballot for a proposed amalgamation or withdrawal must make the roll for the ballot available for inspection—\nin the period that—\nstarts on the day after the roll must be completed under section 107 (6) (b) ; and\nends 30 days after the ballot result is declared; and\nduring ordinary business hours at the place the manager performs the manager’s duties for the ballot.\nMaximum penalty—20 penalty units.\nThe following persons may inspect the roll, free of charge, or take a copy of the roll or part of the roll—\nfor an amalgamation ballot—a member of an existing organisation the ballot is about;\nfor a withdrawal ballot—a member of the amalgamated organisation from which the constituent part is seeking to withdraw;\nfor an amalgamation ballot or withdrawal ballot—a person authorised by the manager.\n(sec.108-ssec.1) A manager of a ballot for a proposed amalgamation or withdrawal must make the roll for the ballot available for inspection— in the period that— starts on the day after the roll must be completed under section 107 (6) (b) ; and ends 30 days after the ballot result is declared; and during ordinary business hours at the place the manager performs the manager’s duties for the ballot. Maximum penalty—20 penalty units.\n(sec.108-ssec.2) The following persons may inspect the roll, free of charge, or take a copy of the roll or part of the roll— for an amalgamation ballot—a member of an existing organisation the ballot is about; for a withdrawal ballot—a member of the amalgamated organisation from which the constituent part is seeking to withdraw; for an amalgamation ballot or withdrawal ballot—a person authorised by the manager.\n- (a) in the period that— (i) starts on the day after the roll must be completed under section 107 (6) (b) ; and (ii) ends 30 days after the ballot result is declared; and\n- (i) starts on the day after the roll must be completed under section 107 (6) (b) ; and\n- (ii) ends 30 days after the ballot result is declared; and\n- (b) during ordinary business hours at the place the manager performs the manager’s duties for the ballot.\n- (i) starts on the day after the roll must be completed under section 107 (6) (b) ; and\n- (ii) ends 30 days after the ballot result is declared; and\n- (a) for an amalgamation ballot—a member of an existing organisation the ballot is about;\n- (b) for a withdrawal ballot—a member of the amalgamated organisation from which the constituent part is seeking to withdraw;\n- (c) for an amalgamation ballot or withdrawal ballot—a person authorised by the manager.","sortOrder":134},{"sectionNumber":"pt.13-div.11","sectionType":"division","heading":"Scrutineers","content":"## Scrutineers","sortOrder":135},{"sectionNumber":"sec.109","sectionType":"section","heading":"Scrutineers","content":"### sec.109 Scrutineers\n\nAn existing organisation’s management committee may appoint a member of the organisation as a scrutineer for a ballot to represent the interests of members for a proposed amalgamation.\nAn amalgamated organisation’s management committee may appoint a member of the organisation as a scrutineer for a ballot to represent the interests of members for a proposed withdrawal.\nAn appointment under subsection (1) or (2) must be written and be signed by a member of the management committee of the organisation on the committee’s behalf.\nA constituent part may appoint a constituent member as a scrutineer for a ballot to represent the interests of the part for a proposed withdrawal.\nAn appointment under subsection (4) must be written and be signed by the representative constituent member.\nA committee or constituent part that appoints a scrutineer must notify the manager of the ballot of the scrutineer’s name as soon as possible after the appointment.\nIf a ‘no’ case has been filed for an amalgamation, the manager must allow any member of an existing organisation to be a scrutineer to safeguard the interests of members of the organisation against the proposal, but only if the manager is satisfied the member represents the members who filed the ‘no’ case.\nHowever, there may be only 1 scrutineer under this section for each committee or constituent part entitled to appoint a scrutineer under this section for each official who is present where the ballot is being conducted.\nAlso, there may be only 1 scrutineer under subsection (7) for each official who is present where the ballot is being conducted.\nIn this section—\nofficial see schedule 2 , section 23 .\n(sec.109-ssec.1) An existing organisation’s management committee may appoint a member of the organisation as a scrutineer for a ballot to represent the interests of members for a proposed amalgamation.\n(sec.109-ssec.2) An amalgamated organisation’s management committee may appoint a member of the organisation as a scrutineer for a ballot to represent the interests of members for a proposed withdrawal.\n(sec.109-ssec.3) An appointment under subsection (1) or (2) must be written and be signed by a member of the management committee of the organisation on the committee’s behalf.\n(sec.109-ssec.4) A constituent part may appoint a constituent member as a scrutineer for a ballot to represent the interests of the part for a proposed withdrawal.\n(sec.109-ssec.5) An appointment under subsection (4) must be written and be signed by the representative constituent member.\n(sec.109-ssec.6) A committee or constituent part that appoints a scrutineer must notify the manager of the ballot of the scrutineer’s name as soon as possible after the appointment.\n(sec.109-ssec.7) If a ‘no’ case has been filed for an amalgamation, the manager must allow any member of an existing organisation to be a scrutineer to safeguard the interests of members of the organisation against the proposal, but only if the manager is satisfied the member represents the members who filed the ‘no’ case.\n(sec.109-ssec.8) However, there may be only 1 scrutineer under this section for each committee or constituent part entitled to appoint a scrutineer under this section for each official who is present where the ballot is being conducted.\n(sec.109-ssec.9) Also, there may be only 1 scrutineer under subsection (7) for each official who is present where the ballot is being conducted.\n(sec.109-ssec.10) In this section— official see schedule 2 , section 23 .","sortOrder":136},{"sectionNumber":"sec.110","sectionType":"section","heading":"Scrutineers’ rights","content":"### sec.110 Scrutineers’ rights\n\nA scrutineer may be present when—\nballot papers or other voting material for a ballot are prepared and given to voters; or\nvoting material is received and put in the ballot box or in a safe place under section 106 (1) ; or\nvotes are counted.\nThe manager of a ballot may refuse to allow a person to act as a scrutineer if—\nthe manager asks to inspect the person’s written appointment as a scrutineer; and\nthe person does not produce it.\n(sec.110-ssec.1) A scrutineer may be present when— ballot papers or other voting material for a ballot are prepared and given to voters; or voting material is received and put in the ballot box or in a safe place under section 106 (1) ; or votes are counted.\n(sec.110-ssec.2) The manager of a ballot may refuse to allow a person to act as a scrutineer if— the manager asks to inspect the person’s written appointment as a scrutineer; and the person does not produce it.\n- (a) ballot papers or other voting material for a ballot are prepared and given to voters; or\n- (b) voting material is received and put in the ballot box or in a safe place under section 106 (1) ; or\n- (c) votes are counted.\n- (a) the manager asks to inspect the person’s written appointment as a scrutineer; and\n- (b) the person does not produce it.","sortOrder":137},{"sectionNumber":"sec.111","sectionType":"section","heading":"Scrutineers’ objections","content":"### sec.111 Scrutineers’ objections\n\nBefore votes are counted for a ballot for a proposed amalgamation or withdrawal, a scrutineer may advise the manager of the ballot that the scrutineer considers an error has been made in conducting the ballot.\nWhen votes for a ballot for a proposed amalgamation or withdrawal are being counted, a scrutineer may—\nobject to a ballot paper being admitted as formal or rejected as informal; or\nadvise the manager of the ballot that the scrutineer considers an error has been made in conducting the ballot or counting votes.\nIf the scrutineer advises the manager of an error under subsection (1) or (2) (b) , the manager must—\ndecide whether the error has been made; and\nif appropriate, direct action to be taken to correct or mitigate the error.\nIf a scrutineer objects under subsection (2) (a) , the manager must—\ndecide whether the ballot paper is to be admitted or rejected; and\nnote the decision on the ballot paper; and\ninitial the note.\n(sec.111-ssec.1) Before votes are counted for a ballot for a proposed amalgamation or withdrawal, a scrutineer may advise the manager of the ballot that the scrutineer considers an error has been made in conducting the ballot.\n(sec.111-ssec.2) When votes for a ballot for a proposed amalgamation or withdrawal are being counted, a scrutineer may— object to a ballot paper being admitted as formal or rejected as informal; or advise the manager of the ballot that the scrutineer considers an error has been made in conducting the ballot or counting votes.\n(sec.111-ssec.3) If the scrutineer advises the manager of an error under subsection (1) or (2) (b) , the manager must— decide whether the error has been made; and if appropriate, direct action to be taken to correct or mitigate the error.\n(sec.111-ssec.4) If a scrutineer objects under subsection (2) (a) , the manager must— decide whether the ballot paper is to be admitted or rejected; and note the decision on the ballot paper; and initial the note.\n- (a) object to a ballot paper being admitted as formal or rejected as informal; or\n- (b) advise the manager of the ballot that the scrutineer considers an error has been made in conducting the ballot or counting votes.\n- (a) decide whether the error has been made; and\n- (b) if appropriate, direct action to be taken to correct or mitigate the error.\n- (a) decide whether the ballot paper is to be admitted or rejected; and\n- (b) note the decision on the ballot paper; and\n- (c) initial the note.","sortOrder":138},{"sectionNumber":"sec.112","sectionType":"section","heading":"Direction to leave count","content":"### sec.112 Direction to leave count\n\nA manager of a ballot for a proposed amalgamation or withdrawal may direct a person to leave the place where votes for the ballot are being counted if the manager reasonably believes the person—\ndoes not have the right to be present, or remain present, at the count; or\nis interrupting the count, other than to exercise a scrutineer’s right.\nA person must comply with a direction under subsection (1) , unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\n(sec.112-ssec.1) A manager of a ballot for a proposed amalgamation or withdrawal may direct a person to leave the place where votes for the ballot are being counted if the manager reasonably believes the person— does not have the right to be present, or remain present, at the count; or is interrupting the count, other than to exercise a scrutineer’s right.\n(sec.112-ssec.2) A person must comply with a direction under subsection (1) , unless the person has a reasonable excuse. Maximum penalty—10 penalty units.\n- (a) does not have the right to be present, or remain present, at the count; or\n- (b) is interrupting the count, other than to exercise a scrutineer’s right.","sortOrder":139},{"sectionNumber":"pt.13-div.12","sectionType":"division","heading":"Counting votes","content":"## Counting votes","sortOrder":140},{"sectionNumber":"sec.113","sectionType":"section","heading":"Initial scrutiny of postal votes","content":"### sec.113 Initial scrutiny of postal votes\n\nThis section applies if a vote is cast under section 104 .\nAs soon as possible after the ballot finishes, the manager of the ballot must—\nseal the ballot box in a way that prevents voting material from being put in it; and\ntake the ballot box to the place where votes are to be counted.\nThe manager must then—\nunseal the ballot box; and\ntake out the return envelopes; and\nopen each return envelope and take out the ballot envelope and the voting declaration; and\nexamine the declaration and mark off the voter’s name on the roll; and\ncheck the ballot number on the declaration against the ballot number marked against the voter’s name on the roll; and\nensure the declaration is signed.\nAfter complying with subsection (3) , the manager must put the ballot envelopes in a container and the declarations into another container if satisfied—\neach declaration is signed; and\nthe ballot number on each declaration corresponds with the ballot number marked beside the voter’s name on the roll.\nHowever, the manager must not put a ballot envelope or declaration in the containers mentioned in subsection (4) if—\nthe manager reasonably believes the voter to whom it was sent did not sign the declaration; or\nthe person named on the declaration is not the person to whom it was sent.\nSubsection (5) does not apply if the manager is satisfied the person who filled in and signed the declaration—\nis a voter; and\nhas not previously voted in the ballot; and\nhas a reasonable explanation for using someone else’s ballot material.\nThe manager must keep ballot envelopes and declarations excluded under subsection (5) separate from other ballot envelopes and declarations.\nA declaration is valid only if—\nit complies with subsection (4) ; and\nsubsection (5) does not apply.\nA valid declaration must be accepted as valid, and an invalid declaration must be rejected, by the manager.\nIf a declaration is accepted as valid by the manager, the manager must—\nnote the acceptance of validity on the declaration; and\nrecord the correct ballot number on the roll against the name of the voter who signed the declaration.\nAfter separating the ballot envelopes and declarations, the manager must, in the following order—\nseal the container holding declarations;\nopen the ballot envelopes not excluded under subsection (5) and take out the ballot papers;\nif a ballot envelope contains more than 1 ballot paper—mark each of the ballot papers from the envelope ‘informal under section 114 (3) (e) ’;\nput all of the ballot papers in the ballot box.\n(sec.113-ssec.1) This section applies if a vote is cast under section 104 .\n(sec.113-ssec.2) As soon as possible after the ballot finishes, the manager of the ballot must— seal the ballot box in a way that prevents voting material from being put in it; and take the ballot box to the place where votes are to be counted.\n(sec.113-ssec.3) The manager must then— unseal the ballot box; and take out the return envelopes; and open each return envelope and take out the ballot envelope and the voting declaration; and examine the declaration and mark off the voter’s name on the roll; and check the ballot number on the declaration against the ballot number marked against the voter’s name on the roll; and ensure the declaration is signed.\n(sec.113-ssec.4) After complying with subsection (3) , the manager must put the ballot envelopes in a container and the declarations into another container if satisfied— each declaration is signed; and the ballot number on each declaration corresponds with the ballot number marked beside the voter’s name on the roll.\n(sec.113-ssec.5) However, the manager must not put a ballot envelope or declaration in the containers mentioned in subsection (4) if— the manager reasonably believes the voter to whom it was sent did not sign the declaration; or the person named on the declaration is not the person to whom it was sent.\n(sec.113-ssec.6) Subsection (5) does not apply if the manager is satisfied the person who filled in and signed the declaration— is a voter; and has not previously voted in the ballot; and has a reasonable explanation for using someone else’s ballot material.\n(sec.113-ssec.7) The manager must keep ballot envelopes and declarations excluded under subsection (5) separate from other ballot envelopes and declarations.\n(sec.113-ssec.8) A declaration is valid only if— it complies with subsection (4) ; and subsection (5) does not apply.\n(sec.113-ssec.9) A valid declaration must be accepted as valid, and an invalid declaration must be rejected, by the manager.\n(sec.113-ssec.10) If a declaration is accepted as valid by the manager, the manager must— note the acceptance of validity on the declaration; and record the correct ballot number on the roll against the name of the voter who signed the declaration.\n(sec.113-ssec.11) After separating the ballot envelopes and declarations, the manager must, in the following order— seal the container holding declarations; open the ballot envelopes not excluded under subsection (5) and take out the ballot papers; if a ballot envelope contains more than 1 ballot paper—mark each of the ballot papers from the envelope ‘informal under section 114 (3) (e) ’; put all of the ballot papers in the ballot box.\n- (a) seal the ballot box in a way that prevents voting material from being put in it; and\n- (b) take the ballot box to the place where votes are to be counted.\n- (a) unseal the ballot box; and\n- (b) take out the return envelopes; and\n- (c) open each return envelope and take out the ballot envelope and the voting declaration; and\n- (d) examine the declaration and mark off the voter’s name on the roll; and\n- (e) check the ballot number on the declaration against the ballot number marked against the voter’s name on the roll; and\n- (f) ensure the declaration is signed.\n- (a) each declaration is signed; and\n- (b) the ballot number on each declaration corresponds with the ballot number marked beside the voter’s name on the roll.\n- (a) the manager reasonably believes the voter to whom it was sent did not sign the declaration; or\n- (b) the person named on the declaration is not the person to whom it was sent.\n- (a) is a voter; and\n- (b) has not previously voted in the ballot; and\n- (c) has a reasonable explanation for using someone else’s ballot material.\n- (a) it complies with subsection (4) ; and\n- (b) subsection (5) does not apply.\n- (a) note the acceptance of validity on the declaration; and\n- (b) record the correct ballot number on the roll against the name of the voter who signed the declaration.\n- (a) seal the container holding declarations;\n- (b) open the ballot envelopes not excluded under subsection (5) and take out the ballot papers;\n- (c) if a ballot envelope contains more than 1 ballot paper—mark each of the ballot papers from the envelope ‘informal under section 114 (3) (e) ’;\n- (d) put all of the ballot papers in the ballot box.","sortOrder":141},{"sectionNumber":"sec.114","sectionType":"section","heading":"Counting votes","content":"### sec.114 Counting votes\n\nThe manager for a proposed amalgamation or withdrawal must—\nadmit the formal votes and reject the informal votes; and\ncount the formal votes, and record the number for and against the proposal; and\ncount the informal votes.\nIf there is an alternative scheme for a proposed amalgamation and a ballot does not approve the proposed amalgamation, the manager must—\nadmit the formal votes, and reject the informal votes, for the alternative amalgamation; and\ncount the formal votes, and record the number for and against the alternative amalgamation; and\ncount the informal votes for the alternative amalgamation.\nA vote is informal only if—\nthe ballot paper is not initialled by the manager and the manager is not satisfied the paper is authentic; or\nthe ballot paper is marked in a way that allows the voter to be identified; or\nthe ballot paper is not marked in a way that makes it clear how the voter meant to vote; or\nthe ballot paper does not comply with a direction given under section 98 (1) (g) ; or\nthe ballot envelope from which the ballot paper was taken contained more than 1 ballot paper.\n(sec.114-ssec.1) The manager for a proposed amalgamation or withdrawal must— admit the formal votes and reject the informal votes; and count the formal votes, and record the number for and against the proposal; and count the informal votes.\n(sec.114-ssec.2) If there is an alternative scheme for a proposed amalgamation and a ballot does not approve the proposed amalgamation, the manager must— admit the formal votes, and reject the informal votes, for the alternative amalgamation; and count the formal votes, and record the number for and against the alternative amalgamation; and count the informal votes for the alternative amalgamation.\n(sec.114-ssec.3) A vote is informal only if— the ballot paper is not initialled by the manager and the manager is not satisfied the paper is authentic; or the ballot paper is marked in a way that allows the voter to be identified; or the ballot paper is not marked in a way that makes it clear how the voter meant to vote; or the ballot paper does not comply with a direction given under section 98 (1) (g) ; or the ballot envelope from which the ballot paper was taken contained more than 1 ballot paper.\n- (a) admit the formal votes and reject the informal votes; and\n- (b) count the formal votes, and record the number for and against the proposal; and\n- (c) count the informal votes.\n- (a) admit the formal votes, and reject the informal votes, for the alternative amalgamation; and\n- (b) count the formal votes, and record the number for and against the alternative amalgamation; and\n- (c) count the informal votes for the alternative amalgamation.\n- (a) the ballot paper is not initialled by the manager and the manager is not satisfied the paper is authentic; or\n- (b) the ballot paper is marked in a way that allows the voter to be identified; or\n- (c) the ballot paper is not marked in a way that makes it clear how the voter meant to vote; or\n- (d) the ballot paper does not comply with a direction given under section 98 (1) (g) ; or\n- (e) the ballot envelope from which the ballot paper was taken contained more than 1 ballot paper.","sortOrder":142},{"sectionNumber":"sec.115","sectionType":"section","heading":"Ballot records to be kept","content":"### sec.115 Ballot records to be kept\n\nThis section applies—\nif a ballot is held for a proposed amalgamation or proposed withdrawal; and\ndespite the rules of an organisation or constituent part.\nThe electoral commission must do everything necessary to ensure all ballot records for the ballot are kept for 1 year after the ballot.\n(sec.115-ssec.1) This section applies— if a ballot is held for a proposed amalgamation or proposed withdrawal; and despite the rules of an organisation or constituent part.\n(sec.115-ssec.2) The electoral commission must do everything necessary to ensure all ballot records for the ballot are kept for 1 year after the ballot.\n- (a) if a ballot is held for a proposed amalgamation or proposed withdrawal; and\n- (b) despite the rules of an organisation or constituent part.","sortOrder":143},{"sectionNumber":"pt.13-div.13","sectionType":"division","heading":"Approval of proposal","content":"## Approval of proposal","sortOrder":144},{"sectionNumber":"sec.116","sectionType":"section","heading":"Members’ decision on amalgamation or withdrawal","content":"### sec.116 Members’ decision on amalgamation or withdrawal\n\nThis section applies if a proposed amalgamation or withdrawal is submitted to a ballot.\nThe amalgamation or withdrawal is approved by an existing organisation or constituent part only if—\nwhen a community of interest declaration exists for the proposed amalgamation—more than 50% of the formal votes cast by the members of the organisation are for the amalgamation; or\notherwise—\nat least 25% of the members of the existing organisation or constituent members on the roll of voters cast a vote in the ballot; and\nmore than 50% of the formal votes cast by members of the existing organisation or constituent members are for the amalgamation or withdrawal.\n(sec.116-ssec.1) This section applies if a proposed amalgamation or withdrawal is submitted to a ballot.\n(sec.116-ssec.2) The amalgamation or withdrawal is approved by an existing organisation or constituent part only if— when a community of interest declaration exists for the proposed amalgamation—more than 50% of the formal votes cast by the members of the organisation are for the amalgamation; or otherwise— at least 25% of the members of the existing organisation or constituent members on the roll of voters cast a vote in the ballot; and more than 50% of the formal votes cast by members of the existing organisation or constituent members are for the amalgamation or withdrawal.\n- (a) when a community of interest declaration exists for the proposed amalgamation—more than 50% of the formal votes cast by the members of the organisation are for the amalgamation; or\n- (b) otherwise— (i) at least 25% of the members of the existing organisation or constituent members on the roll of voters cast a vote in the ballot; and (ii) more than 50% of the formal votes cast by members of the existing organisation or constituent members are for the amalgamation or withdrawal.\n- (i) at least 25% of the members of the existing organisation or constituent members on the roll of voters cast a vote in the ballot; and\n- (ii) more than 50% of the formal votes cast by members of the existing organisation or constituent members are for the amalgamation or withdrawal.\n- (i) at least 25% of the members of the existing organisation or constituent members on the roll of voters cast a vote in the ballot; and\n- (ii) more than 50% of the formal votes cast by members of the existing organisation or constituent members are for the amalgamation or withdrawal.","sortOrder":145},{"sectionNumber":"sec.117","sectionType":"section","heading":"Amalgamation approval","content":"### sec.117 Amalgamation approval\n\nIf each existing organisation for a proposed amalgamation approves the proposed amalgamation, the proposed amalgamation is approved.\nAn alternative amalgamation is approved if—\nthe scheme for the proposed amalgamation has an alternative scheme; and\n1 or more existing organisations for the amalgamation do not approve the proposed amalgamation; and\neach existing organisation that the alternative amalgamation is about approves the alternative amalgamation.\n(sec.117-ssec.1) If each existing organisation for a proposed amalgamation approves the proposed amalgamation, the proposed amalgamation is approved.\n(sec.117-ssec.2) An alternative amalgamation is approved if— the scheme for the proposed amalgamation has an alternative scheme; and 1 or more existing organisations for the amalgamation do not approve the proposed amalgamation; and each existing organisation that the alternative amalgamation is about approves the alternative amalgamation.\n- (a) the scheme for the proposed amalgamation has an alternative scheme; and\n- (b) 1 or more existing organisations for the amalgamation do not approve the proposed amalgamation; and\n- (c) each existing organisation that the alternative amalgamation is about approves the alternative amalgamation.","sortOrder":146},{"sectionNumber":"sec.118","sectionType":"section","heading":"Ballot result report","content":"### sec.118 Ballot result report\n\nThe ballot manager must, within 14 days after the declaration of the result of a ballot for a proposed amalgamation or withdrawal, give the registrar a written ballot result report containing the particulars mentioned in section 34 .\nA contravention of this section does not invalidate a ballot.\n(sec.118-ssec.1) The ballot manager must, within 14 days after the declaration of the result of a ballot for a proposed amalgamation or withdrawal, give the registrar a written ballot result report containing the particulars mentioned in section 34 .\n(sec.118-ssec.2) A contravention of this section does not invalidate a ballot.","sortOrder":147},{"sectionNumber":"sec.119","sectionType":"section","heading":"Further ballot if amalgamation not approved","content":"### sec.119 Further ballot if amalgamation not approved\n\nThis section applies if—\nan amalgamation ballot (the first ballot ) for a proposed amalgamation is held; and\nan existing organisation does not approve the amalgamation.\nThe existing organisations may jointly file another ballot application for the proposed amalgamation.\nIf the application is filed within 1 year of the declaration of the first ballot, the commission may—\nomit a procedural step under this part for the proposed amalgamation; or\norder the conduct of a fresh ballot in place of an earlier ballot in the amalgamation; or\ngive the directions and make the orders it considers necessary or desirable.\n(sec.119-ssec.1) This section applies if— an amalgamation ballot (the first ballot ) for a proposed amalgamation is held; and an existing organisation does not approve the amalgamation.\n(sec.119-ssec.2) The existing organisations may jointly file another ballot application for the proposed amalgamation.\n(sec.119-ssec.3) If the application is filed within 1 year of the declaration of the first ballot, the commission may— omit a procedural step under this part for the proposed amalgamation; or order the conduct of a fresh ballot in place of an earlier ballot in the amalgamation; or give the directions and make the orders it considers necessary or desirable.\n- (a) an amalgamation ballot (the first ballot ) for a proposed amalgamation is held; and\n- (b) an existing organisation does not approve the amalgamation.\n- (a) omit a procedural step under this part for the proposed amalgamation; or\n- (b) order the conduct of a fresh ballot in place of an earlier ballot in the amalgamation; or\n- (c) give the directions and make the orders it considers necessary or desirable.","sortOrder":148},{"sectionNumber":"pt.13-div.14","sectionType":"division","heading":"Ballot inquiries","content":"## Ballot inquiries","sortOrder":149},{"sectionNumber":"sec.120","sectionType":"section","heading":"Commission may conduct ballot inquiry","content":"### sec.120 Commission may conduct ballot inquiry\n\nThe commission may, on an application referred to it by the registrar under this division, conduct an inquiry (a ballot inquiry ) about a claimed irregularity in an amalgamation or withdrawal ballot.","sortOrder":150},{"sectionNumber":"sec.121","sectionType":"section","heading":"Who may apply","content":"### sec.121 Who may apply\n\nAn application for a ballot inquiry may be made only by—\nfor an amalgamation ballot—a member of an existing organisation the ballot is about; or\nfor a withdrawal ballot—a constituent member.\n- (a) for an amalgamation ballot—a member of an existing organisation the ballot is about; or\n- (b) for a withdrawal ballot—a constituent member.","sortOrder":151},{"sectionNumber":"sec.122","sectionType":"section","heading":"Requirements for application","content":"### sec.122 Requirements for application\n\nThe application must be made no later than 30 days after the result of the ballot has been declared.\nThe application must—\nstate—\nthe ballot for which the application is made; and\nthe irregularity claimed to have happened; and\nbe accompanied by an affidavit by the applicant stating the facts claimed in the application are true to the best of the applicant’s knowledge and belief.\n(sec.122-ssec.1) The application must be made no later than 30 days after the result of the ballot has been declared.\n(sec.122-ssec.2) The application must— state— the ballot for which the application is made; and the irregularity claimed to have happened; and be accompanied by an affidavit by the applicant stating the facts claimed in the application are true to the best of the applicant’s knowledge and belief.\n- (a) state— (i) the ballot for which the application is made; and (ii) the irregularity claimed to have happened; and\n- (i) the ballot for which the application is made; and\n- (ii) the irregularity claimed to have happened; and\n- (b) be accompanied by an affidavit by the applicant stating the facts claimed in the application are true to the best of the applicant’s knowledge and belief.\n- (i) the ballot for which the application is made; and\n- (ii) the irregularity claimed to have happened; and","sortOrder":152},{"sectionNumber":"sec.123","sectionType":"section","heading":"Referral to commission","content":"### sec.123 Referral to commission\n\nThe registrar may refer the application to the commission only if satisfied—\nthere are reasonable grounds to inquire whether there has been an irregularity in the ballot that may have affected, or may affect, the ballot result; and\nthe circumstances justify an inquiry.\nIn deciding whether to refer, the registrar may consider other appropriate information the registrar knows about.\nIf the registrar refers the application, the commission must—\nfix a time and place for the inquiry; and\ngive directions to ensure the persons who must be given an opportunity to be heard under section 894 of the Act are given notice of the time and place.\n(sec.123-ssec.1) The registrar may refer the application to the commission only if satisfied— there are reasonable grounds to inquire whether there has been an irregularity in the ballot that may have affected, or may affect, the ballot result; and the circumstances justify an inquiry.\n(sec.123-ssec.2) In deciding whether to refer, the registrar may consider other appropriate information the registrar knows about.\n(sec.123-ssec.3) If the registrar refers the application, the commission must— fix a time and place for the inquiry; and give directions to ensure the persons who must be given an opportunity to be heard under section 894 of the Act are given notice of the time and place.\n- (a) there are reasonable grounds to inquire whether there has been an irregularity in the ballot that may have affected, or may affect, the ballot result; and\n- (b) the circumstances justify an inquiry.\n- (a) fix a time and place for the inquiry; and\n- (b) give directions to ensure the persons who must be given an opportunity to be heard under section 894 of the Act are given notice of the time and place.","sortOrder":153},{"sectionNumber":"sec.124","sectionType":"section","heading":"Commission may authorise registrar to investigate","content":"### sec.124 Commission may authorise registrar to investigate\n\nThe commission may, by order made before or after the registrar’s decision to refer, authorise the registrar to do any of the following—\ninspect ballot records for the ballot;\ntake possession of the ballot records;\nenter a place of business used or occupied by the existing organisation, amalgamated organisation or constituent part at which the registrar reasonably believes the ballot records are held, using necessary and reasonable help;\nrequire a person to give the registrar the ballot records in the person’s possession or under the person’s control, or to keep the ballot records, until—\nan inquiry is completed; or\nan earlier time ordered by the commission.\nA person must comply with a requirement under subsection (1) (d) to give ballot records, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nA person must not obstruct the registrar when exercising a power under this section.\nMaximum penalty—20 penalty units.\n(sec.124-ssec.1) The commission may, by order made before or after the registrar’s decision to refer, authorise the registrar to do any of the following— inspect ballot records for the ballot; take possession of the ballot records; enter a place of business used or occupied by the existing organisation, amalgamated organisation or constituent part at which the registrar reasonably believes the ballot records are held, using necessary and reasonable help; require a person to give the registrar the ballot records in the person’s possession or under the person’s control, or to keep the ballot records, until— an inquiry is completed; or an earlier time ordered by the commission.\n(sec.124-ssec.2) A person must comply with a requirement under subsection (1) (d) to give ballot records, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.124-ssec.3) A person must not obstruct the registrar when exercising a power under this section. Maximum penalty—20 penalty units.\n- (a) inspect ballot records for the ballot;\n- (b) take possession of the ballot records;\n- (c) enter a place of business used or occupied by the existing organisation, amalgamated organisation or constituent part at which the registrar reasonably believes the ballot records are held, using necessary and reasonable help;\n- (d) require a person to give the registrar the ballot records in the person’s possession or under the person’s control, or to keep the ballot records, until— (i) an inquiry is completed; or (ii) an earlier time ordered by the commission.\n- (i) an inquiry is completed; or\n- (ii) an earlier time ordered by the commission.\n- (i) an inquiry is completed; or\n- (ii) an earlier time ordered by the commission.","sortOrder":154},{"sectionNumber":"sec.125","sectionType":"section","heading":"Interim orders","content":"### sec.125 Interim orders\n\nAfter the registrar refers the application, the commission may make an interim order —\nstopping any further steps—\nto conduct the ballot; or\nthat give effect to the ballot result; or\nconsequential to another interim order.\n- (a) stopping any further steps— (i) to conduct the ballot; or (ii) that give effect to the ballot result; or\n- (i) to conduct the ballot; or\n- (ii) that give effect to the ballot result; or\n- (b) consequential to another interim order.\n- (i) to conduct the ballot; or\n- (ii) that give effect to the ballot result; or","sortOrder":155},{"sectionNumber":"sec.126","sectionType":"section","heading":"When interim order ends","content":"### sec.126 When interim order ends\n\nAn interim order ends—\non the day stated in the order for it to end; or\nif it is discharged by the commission; or\nat the end of the ballot inquiry and everything the commission ordered, other than under an interim order, during the inquiry.\n- (a) on the day stated in the order for it to end; or\n- (b) if it is discharged by the commission; or\n- (c) at the end of the ballot inquiry and everything the commission ordered, other than under an interim order, during the inquiry.","sortOrder":156},{"sectionNumber":"sec.127","sectionType":"section","heading":"Commission’s functions and powers for inquiry","content":"### sec.127 Commission’s functions and powers for inquiry\n\nFor a ballot inquiry, the commission must inquire into and decide—\nif an irregularity has happened in the ballot; and\nother questions it considers necessary about the conduct and results of the ballot.\nThe commission may make orders it considers necessary for the inquiry, including, for example, a recount of votes for the ballot.\n(sec.127-ssec.1) For a ballot inquiry, the commission must inquire into and decide— if an irregularity has happened in the ballot; and other questions it considers necessary about the conduct and results of the ballot.\n(sec.127-ssec.2) The commission may make orders it considers necessary for the inquiry, including, for example, a recount of votes for the ballot.\n- (a) if an irregularity has happened in the ballot; and\n- (b) other questions it considers necessary about the conduct and results of the ballot.","sortOrder":157},{"sectionNumber":"sec.128","sectionType":"section","heading":"Orders if irregularity found","content":"### sec.128 Orders if irregularity found\n\nThis section applies if the commission finds an irregularity has happened, or is likely to happen, in a ballot.\nThe commission may make an order—\nfor a fresh ballot or the repeat of a step in the ballot; or\namending the rules of an organisation or constituent part in a way it considers necessary to correct a procedural defect in the rules; or\ndirecting safeguards it considers appropriate to stop irregularities in the ballot, fresh ballot or repeat step.\nAlso, if the commission finds the ballot result may have been, or may be, affected by the irregularity or another irregularity, the commission may, by order, declare the ballot, or a step taken in or for it, to be void.\nThe commission may make any other order that is consequential to an order under this section.\n(sec.128-ssec.1) This section applies if the commission finds an irregularity has happened, or is likely to happen, in a ballot.\n(sec.128-ssec.2) The commission may make an order— for a fresh ballot or the repeat of a step in the ballot; or amending the rules of an organisation or constituent part in a way it considers necessary to correct a procedural defect in the rules; or directing safeguards it considers appropriate to stop irregularities in the ballot, fresh ballot or repeat step.\n(sec.128-ssec.3) Also, if the commission finds the ballot result may have been, or may be, affected by the irregularity or another irregularity, the commission may, by order, declare the ballot, or a step taken in or for it, to be void.\n(sec.128-ssec.4) The commission may make any other order that is consequential to an order under this section.\n- (a) for a fresh ballot or the repeat of a step in the ballot; or\n- (b) amending the rules of an organisation or constituent part in a way it considers necessary to correct a procedural defect in the rules; or\n- (c) directing safeguards it considers appropriate to stop irregularities in the ballot, fresh ballot or repeat step.","sortOrder":158},{"sectionNumber":"sec.129","sectionType":"section","heading":"Enforcing orders under this division","content":"### sec.129 Enforcing orders under this division\n\nThe commission may make an order in the nature of an injunction, either mandatory or restrictive, it considers necessary to enforce an order or perform its functions or exercise its powers under this division.","sortOrder":159},{"sectionNumber":"sec.130","sectionType":"section","heading":"Disadvantaging applicant for inquiry","content":"### sec.130 Disadvantaging applicant for inquiry\n\nA person must not cause, inflict or procure a disadvantage to another person because the other person has applied for a ballot inquiry.\nMaximum penalty—20 penalty units.\nIn this section—\ndisadvantage includes damage, detriment, injury, loss, punishment and violence.\n(sec.130-ssec.1) A person must not cause, inflict or procure a disadvantage to another person because the other person has applied for a ballot inquiry. Maximum penalty—20 penalty units.\n(sec.130-ssec.2) In this section— disadvantage includes damage, detriment, injury, loss, punishment and violence.","sortOrder":160},{"sectionNumber":"sec.131","sectionType":"section","heading":"Obstructing orders being carried out","content":"### sec.131 Obstructing orders being carried out\n\nA person must not obstruct someone who is carrying out a commission order under this division.\nMaximum penalty—20 penalty units.","sortOrder":161},{"sectionNumber":"sec.132","sectionType":"section","heading":"Financial help for application","content":"### sec.132 Financial help for application\n\nAn applicant for a ballot inquiry may apply to the Minister for financial help.\nThe Minister may direct that financial help from the State be given to the applicant for the cost of the application, including witness expenses, if—\nthe commission found an irregularity happened in the ballot and the Minister considers the circumstances justify the payment; or\nthe commission certifies the applicant acted reasonably in applying for the inquiry; or\nafter considering the commission’s findings at the inquiry, it is not just that the applicant should pay any of the costs.\nThe registrar must decide the amount of the financial help.\n(sec.132-ssec.1) An applicant for a ballot inquiry may apply to the Minister for financial help.\n(sec.132-ssec.2) The Minister may direct that financial help from the State be given to the applicant for the cost of the application, including witness expenses, if— the commission found an irregularity happened in the ballot and the Minister considers the circumstances justify the payment; or the commission certifies the applicant acted reasonably in applying for the inquiry; or after considering the commission’s findings at the inquiry, it is not just that the applicant should pay any of the costs.\n(sec.132-ssec.3) The registrar must decide the amount of the financial help.\n- (a) the commission found an irregularity happened in the ballot and the Minister considers the circumstances justify the payment; or\n- (b) the commission certifies the applicant acted reasonably in applying for the inquiry; or\n- (c) after considering the commission’s findings at the inquiry, it is not just that the applicant should pay any of the costs.","sortOrder":162},{"sectionNumber":"sec.133","sectionType":"section","heading":"Costs of fresh ballot ordered by inquiry","content":"### sec.133 Costs of fresh ballot ordered by inquiry\n\nIf the commission orders a fresh ballot under this part, the State must pay the costs of the fresh ballot.\nthe cost of premises used for the fresh ballot\nIn this section—\nfresh ballot , for an amalgamation or withdrawal, includes—\na step in a ballot; and\na safeguard, not allowed for under the rules of the organisation or constituent part, for a ballot or step in a ballot.\n(sec.133-ssec.1) If the commission orders a fresh ballot under this part, the State must pay the costs of the fresh ballot. the cost of premises used for the fresh ballot\n(sec.133-ssec.2) In this section— fresh ballot , for an amalgamation or withdrawal, includes— a step in a ballot; and a safeguard, not allowed for under the rules of the organisation or constituent part, for a ballot or step in a ballot.\n- (a) a step in a ballot; and\n- (b) a safeguard, not allowed for under the rules of the organisation or constituent part, for a ballot or step in a ballot.","sortOrder":163},{"sectionNumber":"pt.13-div.15","sectionType":"division","heading":"Amalgamation or withdrawal taking effect","content":"## Amalgamation or withdrawal taking effect","sortOrder":164},{"sectionNumber":"sec.134","sectionType":"section","heading":"Who may apply to fix day for amalgamation or withdrawal","content":"### sec.134 Who may apply to fix day for amalgamation or withdrawal\n\nAny organisation that has approved an amalgamation or alternative amalgamation under section 117 may apply to the commission to fix an amalgamation day for the amalgamation.\nA constituent part that has approved a withdrawal under section 116 (2) (b) may apply to the commission to fix a withdrawal day for the withdrawal.\n(sec.134-ssec.1) Any organisation that has approved an amalgamation or alternative amalgamation under section 117 may apply to the commission to fix an amalgamation day for the amalgamation.\n(sec.134-ssec.2) A constituent part that has approved a withdrawal under section 116 (2) (b) may apply to the commission to fix a withdrawal day for the withdrawal.","sortOrder":165},{"sectionNumber":"sec.135","sectionType":"section","heading":"Fixing day for amalgamation or withdrawal","content":"### sec.135 Fixing day for amalgamation or withdrawal\n\nThe commission may fix an amalgamation day by notice published on the QIRC website.\nThe commission may fix a withdrawal day by notice published on the QIRC website.\nHowever, the commission must not fix an amalgamation day or withdrawal day before—\nthe time for making an application for an inquiry into an alleged irregularity in a ballot has ended; or\nif an application mentioned in paragraph (a) has been made—the application has been decided and the result of any fresh ballot ordered by the commission has been declared.\nBefore fixing an amalgamation day, the commission must—\nconsult with the existing organisations for the amalgamation about the proposed amalgamation day; and\nbe satisfied the proposed amalgamated organisation’s rules comply with the Act ; and\nbe satisfied there are no pending proceedings, other than civil proceedings, against the existing organisations for a contravention of—\nthe Act or another Act; or\nan industrial instrument; or\nan order made under the Act or another Act.\nBefore fixing a withdrawal day, the commission must be satisfied the proposed newly registered organisation’s rules comply with the Act .\nIf the commission has fixed an amalgamation day or withdrawal day by notice published on the QIRC website, the registrar must publish the notice in a newspaper circulating generally throughout the State.\n(sec.135-ssec.1) The commission may fix an amalgamation day by notice published on the QIRC website.\n(sec.135-ssec.2) The commission may fix a withdrawal day by notice published on the QIRC website.\n(sec.135-ssec.3) However, the commission must not fix an amalgamation day or withdrawal day before— the time for making an application for an inquiry into an alleged irregularity in a ballot has ended; or if an application mentioned in paragraph (a) has been made—the application has been decided and the result of any fresh ballot ordered by the commission has been declared.\n(sec.135-ssec.4) Before fixing an amalgamation day, the commission must— consult with the existing organisations for the amalgamation about the proposed amalgamation day; and be satisfied the proposed amalgamated organisation’s rules comply with the Act ; and be satisfied there are no pending proceedings, other than civil proceedings, against the existing organisations for a contravention of— the Act or another Act; or an industrial instrument; or an order made under the Act or another Act.\n(sec.135-ssec.5) Before fixing a withdrawal day, the commission must be satisfied the proposed newly registered organisation’s rules comply with the Act .\n(sec.135-ssec.6) If the commission has fixed an amalgamation day or withdrawal day by notice published on the QIRC website, the registrar must publish the notice in a newspaper circulating generally throughout the State.\n- (a) the time for making an application for an inquiry into an alleged irregularity in a ballot has ended; or\n- (b) if an application mentioned in paragraph (a) has been made—the application has been decided and the result of any fresh ballot ordered by the commission has been declared.\n- (a) consult with the existing organisations for the amalgamation about the proposed amalgamation day; and\n- (b) be satisfied the proposed amalgamated organisation’s rules comply with the Act ; and\n- (c) be satisfied there are no pending proceedings, other than civil proceedings, against the existing organisations for a contravention of— (i) the Act or another Act; or (ii) an industrial instrument; or (iii) an order made under the Act or another Act.\n- (i) the Act or another Act; or\n- (ii) an industrial instrument; or\n- (iii) an order made under the Act or another Act.\n- (i) the Act or another Act; or\n- (ii) an industrial instrument; or\n- (iii) an order made under the Act or another Act.","sortOrder":166},{"sectionNumber":"sec.136","sectionType":"section","heading":"Order to apportion assets and liabilities on withdrawal","content":"### sec.136 Order to apportion assets and liabilities on withdrawal\n\nIf the commission fixes a withdrawal day, the commission must make the orders necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the proposed newly registered organisation.\nIn making the order, the commission must consider—\nthe assets and liabilities of the constituent part before it, or the organisation of which it was a branch, was deregistered for the formation of the amalgamated organisation; and\nany change in the net value of those assets or liabilities since the amalgamation; and\nthe interests of the creditors of the amalgamated organisation.\n(sec.136-ssec.1) If the commission fixes a withdrawal day, the commission must make the orders necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the proposed newly registered organisation.\n(sec.136-ssec.2) In making the order, the commission must consider— the assets and liabilities of the constituent part before it, or the organisation of which it was a branch, was deregistered for the formation of the amalgamated organisation; and any change in the net value of those assets or liabilities since the amalgamation; and the interests of the creditors of the amalgamated organisation.\n- (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a branch, was deregistered for the formation of the amalgamated organisation; and\n- (b) any change in the net value of those assets or liabilities since the amalgamation; and\n- (c) the interests of the creditors of the amalgamated organisation.","sortOrder":167},{"sectionNumber":"sec.137","sectionType":"section","heading":"Holding office after withdrawal","content":"### sec.137 Holding office after withdrawal\n\nIf the commission fixes a withdrawal day, a newly registered organisation’s rules may allow a person to hold an elected office in the organisation if the person—\nwas elected to an equivalent office in the constituent part of the amalgamated organisation; and\nheld the office immediately before the withdrawal day for the constituent part.\nHowever, the rules may not allow the person to hold the office, without an election, for more than the longer of—\nthe person’s unexpired office term immediately before the withdrawal day; or\n1 year after the withdrawal day.\n(sec.137-ssec.1) If the commission fixes a withdrawal day, a newly registered organisation’s rules may allow a person to hold an elected office in the organisation if the person— was elected to an equivalent office in the constituent part of the amalgamated organisation; and held the office immediately before the withdrawal day for the constituent part.\n(sec.137-ssec.2) However, the rules may not allow the person to hold the office, without an election, for more than the longer of— the person’s unexpired office term immediately before the withdrawal day; or 1 year after the withdrawal day.\n- (a) was elected to an equivalent office in the constituent part of the amalgamated organisation; and\n- (b) held the office immediately before the withdrawal day for the constituent part.\n- (a) the person’s unexpired office term immediately before the withdrawal day; or\n- (b) 1 year after the withdrawal day.","sortOrder":168},{"sectionNumber":"sec.138","sectionType":"section","heading":"Effect of amalgamation on commission decisions","content":"### sec.138 Effect of amalgamation on commission decisions\n\nIf the commission fixes an amalgamation day, from that day—\na commission decision that bound a proposed deregistering organisation and its members immediately before that day binds the amalgamated organisation and its members; and\na reference in a commission decision to a deregistered organisation is taken to include a reference to the amalgamated organisation.\nA reference to an organisation’s obligation to a deregistered organisation is taken to include the amalgamated organisation.\n- (a) a commission decision that bound a proposed deregistering organisation and its members immediately before that day binds the amalgamated organisation and its members; and\n- (b) a reference in a commission decision to a deregistered organisation is taken to include a reference to the amalgamated organisation. Example for paragraph (b) — A reference to an organisation’s obligation to a deregistered organisation is taken to include the amalgamated organisation.","sortOrder":169},{"sectionNumber":"sec.139","sectionType":"section","heading":"Effect of withdrawal on order of commission or industrial instrument","content":"### sec.139 Effect of withdrawal on order of commission or industrial instrument\n\nThis section applies to an order of the commission or industrial instrument that, immediately before a withdrawal day for a newly registered organisation, bound the amalgamated organisation in relation to the constituent part of the organisation and the constituent members.\nFrom the withdrawal day, the order or industrial instrument—\nbinds the newly registered organisation and its members; and\nhas effect for all purposes as if a reference in the order or industrial instrument to the amalgamated organisation included a reference to the newly registered organisation.\n(sec.139-ssec.1) This section applies to an order of the commission or industrial instrument that, immediately before a withdrawal day for a newly registered organisation, bound the amalgamated organisation in relation to the constituent part of the organisation and the constituent members.\n(sec.139-ssec.2) From the withdrawal day, the order or industrial instrument— binds the newly registered organisation and its members; and has effect for all purposes as if a reference in the order or industrial instrument to the amalgamated organisation included a reference to the newly registered organisation.\n- (a) binds the newly registered organisation and its members; and\n- (b) has effect for all purposes as if a reference in the order or industrial instrument to the amalgamated organisation included a reference to the newly registered organisation.","sortOrder":170},{"sectionNumber":"sec.140","sectionType":"section","heading":"Effect of amalgamation on instruments","content":"### sec.140 Effect of amalgamation on instruments\n\nFrom an amalgamation day for an amalgamated organisation, the following instruments continue to have effect—\nan instrument that—\na deregistered organisation is a party to; or\nwas given to, by, or in favour of a deregistered organisation; or\nrefers to a deregistered organisation;\nan instrument under which—\nmoney is, or may become, payable to or by a deregistered organisation; or\nproperty may be disposed of to or by a deregistered organisation.\nFor acts, omissions, transactions and matters done on or after the amalgamation day, the instrument applies as if a reference in the instrument to a deregistered organisation were a reference to the amalgamated organisation.\n(sec.140-ssec.1) From an amalgamation day for an amalgamated organisation, the following instruments continue to have effect— an instrument that— a deregistered organisation is a party to; or was given to, by, or in favour of a deregistered organisation; or refers to a deregistered organisation; an instrument under which— money is, or may become, payable to or by a deregistered organisation; or property may be disposed of to or by a deregistered organisation.\n(sec.140-ssec.2) For acts, omissions, transactions and matters done on or after the amalgamation day, the instrument applies as if a reference in the instrument to a deregistered organisation were a reference to the amalgamated organisation.\n- (a) an instrument that— (i) a deregistered organisation is a party to; or (ii) was given to, by, or in favour of a deregistered organisation; or (iii) refers to a deregistered organisation;\n- (i) a deregistered organisation is a party to; or\n- (ii) was given to, by, or in favour of a deregistered organisation; or\n- (iii) refers to a deregistered organisation;\n- (b) an instrument under which— (i) money is, or may become, payable to or by a deregistered organisation; or (ii) property may be disposed of to or by a deregistered organisation.\n- (i) money is, or may become, payable to or by a deregistered organisation; or\n- (ii) property may be disposed of to or by a deregistered organisation.\n- (i) a deregistered organisation is a party to; or\n- (ii) was given to, by, or in favour of a deregistered organisation; or\n- (iii) refers to a deregistered organisation;\n- (i) money is, or may become, payable to or by a deregistered organisation; or\n- (ii) property may be disposed of to or by a deregistered organisation.","sortOrder":171},{"sectionNumber":"sec.141","sectionType":"section","heading":"Effect of withdrawal on agreements, arrangements or other instruments","content":"### sec.141 Effect of withdrawal on agreements, arrangements or other instruments\n\nThis section applies if an instrument other than an order of the commission or an industrial instrument—\noperated immediately before a withdrawal day for a newly registered organisation; and\nis an agreement, arrangement or other instrument—\nthat applied to the amalgamated organisation from which a constituent part withdrew to form the newly registered organisation; or\ngiven to, or in favour of, the amalgamated organisation; or\nthat refers to the amalgamated organisation; or\nunder which a right or liability accrues, or may accrue, to the amalgamated organisation for the constituent part and its members.\nThe instrument, as far as its context permits, continues to operate from the withdrawal day as if a reference in the instrument to the amalgamated organisation included a reference to the newly registered organisation.\n(sec.141-ssec.1) This section applies if an instrument other than an order of the commission or an industrial instrument— operated immediately before a withdrawal day for a newly registered organisation; and is an agreement, arrangement or other instrument— that applied to the amalgamated organisation from which a constituent part withdrew to form the newly registered organisation; or given to, or in favour of, the amalgamated organisation; or that refers to the amalgamated organisation; or under which a right or liability accrues, or may accrue, to the amalgamated organisation for the constituent part and its members.\n(sec.141-ssec.2) The instrument, as far as its context permits, continues to operate from the withdrawal day as if a reference in the instrument to the amalgamated organisation included a reference to the newly registered organisation.\n- (a) operated immediately before a withdrawal day for a newly registered organisation; and\n- (b) is an agreement, arrangement or other instrument— (i) that applied to the amalgamated organisation from which a constituent part withdrew to form the newly registered organisation; or (ii) given to, or in favour of, the amalgamated organisation; or (iii) that refers to the amalgamated organisation; or (iv) under which a right or liability accrues, or may accrue, to the amalgamated organisation for the constituent part and its members.\n- (i) that applied to the amalgamated organisation from which a constituent part withdrew to form the newly registered organisation; or\n- (ii) given to, or in favour of, the amalgamated organisation; or\n- (iii) that refers to the amalgamated organisation; or\n- (iv) under which a right or liability accrues, or may accrue, to the amalgamated organisation for the constituent part and its members.\n- (i) that applied to the amalgamated organisation from which a constituent part withdrew to form the newly registered organisation; or\n- (ii) given to, or in favour of, the amalgamated organisation; or\n- (iii) that refers to the amalgamated organisation; or\n- (iv) under which a right or liability accrues, or may accrue, to the amalgamated organisation for the constituent part and its members.","sortOrder":172},{"sectionNumber":"sec.142","sectionType":"section","heading":"Effect of amalgamation on pending proceedings","content":"### sec.142 Effect of amalgamation on pending proceedings\n\nThis section applies if a deregistered organisation was a party to a pending proceeding in a court or tribunal immediately before the amalgamation day for an amalgamated organisation.\nThe amalgamated organisation is substituted for each deregistered organisation as a party to the proceeding.\nThe proceeding must continue as if the amalgamated organisation were, and had always been, the deregistered organisation.\n(sec.142-ssec.1) This section applies if a deregistered organisation was a party to a pending proceeding in a court or tribunal immediately before the amalgamation day for an amalgamated organisation.\n(sec.142-ssec.2) The amalgamated organisation is substituted for each deregistered organisation as a party to the proceeding.\n(sec.142-ssec.3) The proceeding must continue as if the amalgamated organisation were, and had always been, the deregistered organisation.","sortOrder":173},{"sectionNumber":"sec.143","sectionType":"section","heading":"Effect of withdrawal on pending proceedings","content":"### sec.143 Effect of withdrawal on pending proceedings\n\nThis section applies if—\nan amalgamated organisation from which a constituent part withdrew to form a newly registered organisation was, immediately before the withdrawal day for the newly registered organisation, a party to a proceeding in a court or tribunal; and\nthe proceeding was—\npending on the withdrawal day; and\nwholly or partly about the constituent members’ interests.\nFrom the withdrawal day, the newly registered organisation—\nif the proceeding was wholly about the constituent members’ interests—is substituted for the amalgamated organisation; or\nif the proceeding was partly about the constituent members’ interests—becomes a party.\nFrom the withdrawal day, the newly registered organisation has the same rights and obligations as the amalgamated organisation.\n(sec.143-ssec.1) This section applies if— an amalgamated organisation from which a constituent part withdrew to form a newly registered organisation was, immediately before the withdrawal day for the newly registered organisation, a party to a proceeding in a court or tribunal; and the proceeding was— pending on the withdrawal day; and wholly or partly about the constituent members’ interests.\n(sec.143-ssec.2) From the withdrawal day, the newly registered organisation— if the proceeding was wholly about the constituent members’ interests—is substituted for the amalgamated organisation; or if the proceeding was partly about the constituent members’ interests—becomes a party.\n(sec.143-ssec.3) From the withdrawal day, the newly registered organisation has the same rights and obligations as the amalgamated organisation.\n- (a) an amalgamated organisation from which a constituent part withdrew to form a newly registered organisation was, immediately before the withdrawal day for the newly registered organisation, a party to a proceeding in a court or tribunal; and\n- (b) the proceeding was— (i) pending on the withdrawal day; and (ii) wholly or partly about the constituent members’ interests.\n- (i) pending on the withdrawal day; and\n- (ii) wholly or partly about the constituent members’ interests.\n- (i) pending on the withdrawal day; and\n- (ii) wholly or partly about the constituent members’ interests.\n- (a) if the proceeding was wholly about the constituent members’ interests—is substituted for the amalgamated organisation; or\n- (b) if the proceeding was partly about the constituent members’ interests—becomes a party.","sortOrder":174},{"sectionNumber":"sec.144","sectionType":"section","heading":"Amalgamated organisation to carry out amalgamation","content":"### sec.144 Amalgamated organisation to carry out amalgamation\n\nAn amalgamated organisation for a completed amalgamation must take all necessary steps to carry out the amalgamation under this part.","sortOrder":175},{"sectionNumber":"pt.14","sectionType":"part","heading":"Employers declared not to be national system employers","content":"# Employers declared not to be national system employers","sortOrder":176},{"sectionNumber":"sec.145","sectionType":"section","heading":"Declaration for Act , s 955 —Hospital and Health Services","content":"### sec.145 Declaration for Act , s 955 —Hospital and Health Services\n\nFor section 955 (2) of the Act , each Hospital and Health Service under the Hospital and Health Boards Act 2011 stated in schedule 5 , part 1 is declared not to be a national system employer for the purposes of the Commonwealth Fair Work Act .","sortOrder":177},{"sectionNumber":"sec.146","sectionType":"section","heading":"Declaration for Act , s 955 —local governments","content":"### sec.146 Declaration for Act , s 955 —local governments\n\nFor section 955 (2) of the Act , each local government under the Local Government Act 2009 stated in schedule 5 , part 2 is declared not to be a national system employer for the purposes of the Commonwealth Fair Work Act .","sortOrder":178},{"sectionNumber":"sec.147","sectionType":"section","heading":"Declaration for Act , s 955 —other employers","content":"### sec.147 Declaration for Act , s 955 —other employers\n\nFor section 955 (2) of the Act , each entity listed in schedule 5 , part 3 is declared not to be a national system employer for the purposes of the Commonwealth Fair Work Act .","sortOrder":179},{"sectionNumber":"sec.147A","sectionType":"section","heading":"Revocation of declaration— Act , s 955","content":"### sec.147A Revocation of declaration— Act , s 955\n\nFor section 955 (3) of the Act , the declaration of the Local Government Superannuation Scheme ABN 23 053 121 564 not to be a national system employer for the purposes of the Commonwealth Fair Work Act , by the repealed Industrial Relations Regulation 2000 , is revoked.\nSee also section 152 and the repealed Industrial Relations Regulation 2011 , section 149 in relation to declarations for the Commonwealth Fair Work Act , section 14 (2) made by the repealed Industrial Relations Regulation 2000 .\nThis section applies despite section 152 (1) .\ns 147A ins 2018 SL No. 194 s 3\n(sec.147A-ssec.1) For section 955 (3) of the Act , the declaration of the Local Government Superannuation Scheme ABN 23 053 121 564 not to be a national system employer for the purposes of the Commonwealth Fair Work Act , by the repealed Industrial Relations Regulation 2000 , is revoked. See also section 152 and the repealed Industrial Relations Regulation 2011 , section 149 in relation to declarations for the Commonwealth Fair Work Act , section 14 (2) made by the repealed Industrial Relations Regulation 2000 .\n(sec.147A-ssec.2) This section applies despite section 152 (1) .","sortOrder":180},{"sectionNumber":"pt.15","sectionType":"part","heading":"General","content":"# General","sortOrder":181},{"sectionNumber":"sec.148","sectionType":"section","heading":"Certificate of employment on termination— Act , s 935","content":"### sec.148 Certificate of employment on termination— Act , s 935\n\nFor section 935 (1) of the Act , the particulars are as follows—\nthe employee’s full name and address;\na description of the trade or occupation in which the employee was employed;\nthe dates on which the employee started and finished employment with the employer;\nthe address of the workplace at which the employee was employed.\nThe certificate must be signed and dated by the employer.\n(sec.148-ssec.1) For section 935 (1) of the Act , the particulars are as follows— the employee’s full name and address; a description of the trade or occupation in which the employee was employed; the dates on which the employee started and finished employment with the employer; the address of the workplace at which the employee was employed.\n(sec.148-ssec.2) The certificate must be signed and dated by the employer.\n- (a) the employee’s full name and address;\n- (b) a description of the trade or occupation in which the employee was employed;\n- (c) the dates on which the employee started and finished employment with the employer;\n- (d) the address of the workplace at which the employee was employed.","sortOrder":182},{"sectionNumber":"pt.16","sectionType":"part","heading":"Repeal, saving and transitional provisions","content":"# Repeal, saving and transitional provisions","sortOrder":183},{"sectionNumber":"pt.16-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":184},{"sectionNumber":"sec.149","sectionType":"section","heading":"Repeal","content":"### sec.149 Repeal\n\nThe following regulations are repealed—\nIndustrial Relations Regulation 2011 , SL No. 170\nIndustrial Relations (Transitional) Regulation 2017 , SL No. 25.\n- • Industrial Relations Regulation 2011 , SL No. 170\n- • Industrial Relations (Transitional) Regulation 2017 , SL No. 25.","sortOrder":185},{"sectionNumber":"pt.16-div.2","sectionType":"division","heading":"Saving and transitional provisions","content":"## Saving and transitional provisions","sortOrder":186},{"sectionNumber":"sec.150","sectionType":"section","heading":"Definition for division","content":"### sec.150 Definition for division\n\nIn this division—\nrepealed regulation means the repealed Industrial Relations Regulation 2011 .","sortOrder":187},{"sectionNumber":"sec.151","sectionType":"section","heading":"Model rules","content":"### sec.151 Model rules\n\nThis section applies if—\nbefore the commencement, an organisation, by a resolution under its rules, adopted all the model election rules (the former model election rules ) under the repealed regulation, schedule 2 as in force from time to time, without change; and\nimmediately before the commencement, the organisation’s resolution to adopt the former model election rules was current.\nOn the commencement, the organisation is taken to have adopted the model election rules under schedule 2 of this regulation.\n(sec.151-ssec.1) This section applies if— before the commencement, an organisation, by a resolution under its rules, adopted all the model election rules (the former model election rules ) under the repealed regulation, schedule 2 as in force from time to time, without change; and immediately before the commencement, the organisation’s resolution to adopt the former model election rules was current.\n(sec.151-ssec.2) On the commencement, the organisation is taken to have adopted the model election rules under schedule 2 of this regulation.\n- (a) before the commencement, an organisation, by a resolution under its rules, adopted all the model election rules (the former model election rules ) under the repealed regulation, schedule 2 as in force from time to time, without change; and\n- (b) immediately before the commencement, the organisation’s resolution to adopt the former model election rules was current.","sortOrder":188},{"sectionNumber":"sec.152","sectionType":"section","heading":"Declarations for Commonwealth Act, s 14(2) under repealed regulation","content":"### sec.152 Declarations for Commonwealth Act, s 14(2) under repealed regulation\n\nThe repeal of the repealed regulation does not affect the declarations made under part 13A and schedule 7A of that regulation.\nThe declarations are taken to have been made under section 955 (2) of the Act .\nSee section 147A in relation to the revocation of a declaration of an employer to which this section applies.\ns 152 amd 2018 SL No. 194 s 4\n(sec.152-ssec.1) The repeal of the repealed regulation does not affect the declarations made under part 13A and schedule 7A of that regulation.\n(sec.152-ssec.2) The declarations are taken to have been made under section 955 (2) of the Act . See section 147A in relation to the revocation of a declaration of an employer to which this section applies.","sortOrder":189},{"sectionNumber":"sec.153","sectionType":"section","heading":"Proposed amalgamations and withdrawals","content":"### sec.153 Proposed amalgamations and withdrawals\n\nThis section applies if, before the commencement, any action was taken under the repealed regulation, part 13 for a proposed amalgamation or withdrawal.\nThe repealed regulation continues to apply for the completion of the amalgamation or withdrawal.\n(sec.153-ssec.1) This section applies if, before the commencement, any action was taken under the repealed regulation, part 13 for a proposed amalgamation or withdrawal.\n(sec.153-ssec.2) The repealed regulation continues to apply for the completion of the amalgamation or withdrawal.","sortOrder":190},{"sectionNumber":"sec.154","sectionType":"section","heading":"References to repealed regulation","content":"### sec.154 References to repealed regulation\n\nA reference in an Act or other document to the repealed regulation may, if the context permits, be taken to be a reference to this regulation.","sortOrder":191},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Definitions","content":"# Definitions","sortOrder":192},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Definitions","content":"### sch.2-sec.1 Definitions\n\nIn these rules—\nballot box means a ballot box kept under section 15 .\ncandidate , for an election, means a person—\nwho has nominated as a candidate for the office the election is about; and\nwhose nomination has been accepted under section 6 (3) ; and\nwhose nomination has not been withdrawn.\neligible member means a person who was a financial member of the organisation 30 days before the opening day for nominations.\nhigher office means—\nfor the office of management committee member—an office other than the office of trustee; or\nfor the office of assistant secretary—the office of secretary, vice-president or president; or\nfor the office of secretary—the office of vice-president or president; or\nfor the office of vice-president—the office of president.\ninitialled , by the manager of an election, includes being marked with a copy of the manager’s initials.\nmember means a member of the organisation.\nreturn envelope see section 14 (1) (e) .\nroll , for an election, means the roll of voters prepared for the election under section 10 .\nscrutineer means—\na candidate who acts personally as a scrutineer; or\na person appointed as a scrutineer for a candidate under section 21 .\nsecretary means—\nthe person holding office as the organisation’s secretary; or\nanother officer of the organisation, however described, who performs the functions of the organisation’s secretary.\ntrustee means the office of a person holding, whether as trustee or otherwise, property—\nof the organisation; or\nthat the organisation has a beneficial interest in.\nvoter , in relation to an election, means a person—\nwho is an eligible member; and\nwhose name is on the roll for the election.\nvoting material see section 14 (1) .\n- (a) who has nominated as a candidate for the office the election is about; and\n- (b) whose nomination has been accepted under section 6 (3) ; and\n- (c) whose nomination has not been withdrawn.\n- (a) for the office of management committee member—an office other than the office of trustee; or\n- (b) for the office of assistant secretary—the office of secretary, vice-president or president; or\n- (c) for the office of secretary—the office of vice-president or president; or\n- (d) for the office of vice-president—the office of president.\n- (a) a candidate who acts personally as a scrutineer; or\n- (b) a person appointed as a scrutineer for a candidate under section 21 .\n- (a) the person holding office as the organisation’s secretary; or\n- (b) another officer of the organisation, however described, who performs the functions of the organisation’s secretary.\n- (a) of the organisation; or\n- (b) that the organisation has a beneficial interest in.\n- (a) who is an eligible member; and\n- (b) whose name is on the roll for the election.","sortOrder":193},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Manager of election","content":"# Manager of election","sortOrder":194},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Manager of election—functions and powers","content":"### sch.2-sec.2 Manager of election—functions and powers\n\nThe manager of an election—\nmust not influence, or attempt to influence, the outcome of the election; and\nmust conduct the election under these rules; and\nmay take the action, and give the directions, the manager considers reasonably necessary to ensure the processes under which the election is conducted are transparent; and\nmust ensure suitable arrangements are made with Australia Post for the return of ballot papers to a box or locked bag at a post office.\nThe manager of an election, other than an electoral officer, may take the action and give the directions the manager considers reasonably necessary—\nto ensure no irregularities happen in the election; or\nto remedy a procedural defect that appears to the manager to exist about the election.\nSee section 673 of the Act for the actions and directions an electoral officer may take or give.\nTo ensure the integrity of an election, the address for return of ballot papers must not be the organisation’s usual postal address.\n(sch.2-sec.2-ssec.1) The manager of an election— must not influence, or attempt to influence, the outcome of the election; and must conduct the election under these rules; and may take the action, and give the directions, the manager considers reasonably necessary to ensure the processes under which the election is conducted are transparent; and must ensure suitable arrangements are made with Australia Post for the return of ballot papers to a box or locked bag at a post office.\n(sch.2-sec.2-ssec.2) The manager of an election, other than an electoral officer, may take the action and give the directions the manager considers reasonably necessary— to ensure no irregularities happen in the election; or to remedy a procedural defect that appears to the manager to exist about the election. See section 673 of the Act for the actions and directions an electoral officer may take or give.\n(sch.2-sec.2-ssec.3) To ensure the integrity of an election, the address for return of ballot papers must not be the organisation’s usual postal address.\n- (a) must not influence, or attempt to influence, the outcome of the election; and\n- (b) must conduct the election under these rules; and\n- (c) may take the action, and give the directions, the manager considers reasonably necessary to ensure the processes under which the election is conducted are transparent; and\n- (d) must ensure suitable arrangements are made with Australia Post for the return of ballot papers to a box or locked bag at a post office.\n- (a) to ensure no irregularities happen in the election; or\n- (b) to remedy a procedural defect that appears to the manager to exist about the election.","sortOrder":195},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Pre-election procedures","content":"# Pre-election procedures","sortOrder":196},{"sectionNumber":"sch.2-sec.3","sectionType":"section","heading":"Closing day and time for nominations","content":"### sch.2-sec.3 Closing day and time for nominations\n\nThe manager of the election must fix the opening day and closing day for nominations for office.\nThe closing day must be at least 28 days after notice is given under section 5 .\nNominations open at midday on the opening day and close at midday on the closing day.\n(sch.2-sec.3-ssec.1) The manager of the election must fix the opening day and closing day for nominations for office.\n(sch.2-sec.3-ssec.2) The closing day must be at least 28 days after notice is given under section 5 .\n(sch.2-sec.3-ssec.3) Nominations open at midday on the opening day and close at midday on the closing day.","sortOrder":197},{"sectionNumber":"sch.2-sec.4","sectionType":"section","heading":"Start and finish days of ballot","content":"### sch.2-sec.4 Start and finish days of ballot\n\nIf a ballot becomes necessary under section 8 , the manager of the election must fix the start and finish days for the ballot to decide the result of the election.\nThe start day must not be before the closing day for nominations for the offices to be filled at the election.\n(sch.2-sec.4-ssec.1) If a ballot becomes necessary under section 8 , the manager of the election must fix the start and finish days for the ballot to decide the result of the election.\n(sch.2-sec.4-ssec.2) The start day must not be before the closing day for nominations for the offices to be filled at the election.","sortOrder":198},{"sectionNumber":"sch.2-sec.5","sectionType":"section","heading":"Calling for nominations","content":"### sch.2-sec.5 Calling for nominations\n\nThe manager of the election must call for nominations for the offices to be filled by notice given to members in 1 of the following ways—\nby post to each member at the address recorded in the members register;\nif the organisation publishes a journal or newsletter it gives its members free of charge, by advertisement in the journal or newsletter;\nin a daily newspaper circulating in the area where the organisation’s members live or work.\nThe notice must state—\nthe opening day for nominations; and\nthe closing day for nominations; and\nthat nominations for office—\nopen at midday on the opening day; and\nclose at midday on the closing day; and\nwho may nominate as a candidate in the election; and\nthat nominations for office must be written, signed by the nominee and given to the manager before nominations close; and\nthe start and finish days for a ballot to decide the result of the election if a ballot becomes necessary under section 8 ; and\nthat only a person who was a financial member 30 days before the opening day for nominations may vote in the election; and\nthat the ballot will be decided by a first-past-the-post system of voting.\n(sch.2-sec.5-ssec.1) The manager of the election must call for nominations for the offices to be filled by notice given to members in 1 of the following ways— by post to each member at the address recorded in the members register; if the organisation publishes a journal or newsletter it gives its members free of charge, by advertisement in the journal or newsletter; in a daily newspaper circulating in the area where the organisation’s members live or work.\n(sch.2-sec.5-ssec.2) The notice must state— the opening day for nominations; and the closing day for nominations; and that nominations for office— open at midday on the opening day; and close at midday on the closing day; and who may nominate as a candidate in the election; and that nominations for office must be written, signed by the nominee and given to the manager before nominations close; and the start and finish days for a ballot to decide the result of the election if a ballot becomes necessary under section 8 ; and that only a person who was a financial member 30 days before the opening day for nominations may vote in the election; and that the ballot will be decided by a first-past-the-post system of voting.\n- (a) by post to each member at the address recorded in the members register;\n- (b) if the organisation publishes a journal or newsletter it gives its members free of charge, by advertisement in the journal or newsletter;\n- (c) in a daily newspaper circulating in the area where the organisation’s members live or work.\n- (a) the opening day for nominations; and\n- (b) the closing day for nominations; and\n- (c) that nominations for office— (i) open at midday on the opening day; and (ii) close at midday on the closing day; and\n- (i) open at midday on the opening day; and\n- (ii) close at midday on the closing day; and\n- (d) who may nominate as a candidate in the election; and\n- (e) that nominations for office must be written, signed by the nominee and given to the manager before nominations close; and\n- (f) the start and finish days for a ballot to decide the result of the election if a ballot becomes necessary under section 8 ; and\n- (g) that only a person who was a financial member 30 days before the opening day for nominations may vote in the election; and\n- (h) that the ballot will be decided by a first-past-the-post system of voting.\n- (i) open at midday on the opening day; and\n- (ii) close at midday on the closing day; and","sortOrder":199},{"sectionNumber":"sch.2-sec.6","sectionType":"section","heading":"Nomination procedure","content":"### sch.2-sec.6 Nomination procedure\n\nA nomination for office must be written, signed by the nominee and given to the manager of the election before nominations close.\nA person may nominate for more than 1 office.\nFor what happens if a person nominates for more than 1 office, see sections 9 and 30 .\nThe manager must accept a nomination if—\nit complies with subsection (1) ; and\nthe nominee is an eligible member.\nA candidate may withdraw the candidate’s nomination by written notice given to the manager no later than 7 days after nominations close.\n(sch.2-sec.6-ssec.1) A nomination for office must be written, signed by the nominee and given to the manager of the election before nominations close.\n(sch.2-sec.6-ssec.2) A person may nominate for more than 1 office. For what happens if a person nominates for more than 1 office, see sections 9 and 30 .\n(sch.2-sec.6-ssec.3) The manager must accept a nomination if— it complies with subsection (1) ; and the nominee is an eligible member.\n(sch.2-sec.6-ssec.4) A candidate may withdraw the candidate’s nomination by written notice given to the manager no later than 7 days after nominations close.\n- (a) it complies with subsection (1) ; and\n- (b) the nominee is an eligible member.","sortOrder":200},{"sectionNumber":"sch.2-sec.7","sectionType":"section","heading":"What happens if a nomination is defective","content":"### sch.2-sec.7 What happens if a nomination is defective\n\nThe manager of the election must reject a nomination given to the manager after nominations have closed.\nIf a nomination for an office is defective, other than because the nominee is not qualified to hold the office or because the nomination was made after the closing time, the manager must—\nreject it; and\ngive the nominee notice of the defect; and\nif practicable, give the nominee an opportunity to remedy the defect.\nIf practicable, the notice must be given before nominations close.\nFailure to give the notice does not invalidate the election.\n(sch.2-sec.7-ssec.1) The manager of the election must reject a nomination given to the manager after nominations have closed.\n(sch.2-sec.7-ssec.2) If a nomination for an office is defective, other than because the nominee is not qualified to hold the office or because the nomination was made after the closing time, the manager must— reject it; and give the nominee notice of the defect; and if practicable, give the nominee an opportunity to remedy the defect.\n(sch.2-sec.7-ssec.3) If practicable, the notice must be given before nominations close.\n(sch.2-sec.7-ssec.4) Failure to give the notice does not invalidate the election.\n- (a) reject it; and\n- (b) give the nominee notice of the defect; and\n- (c) if practicable, give the nominee an opportunity to remedy the defect.","sortOrder":201},{"sectionNumber":"sch.2-sec.8","sectionType":"section","heading":"When a ballot must be held","content":"### sch.2-sec.8 When a ballot must be held\n\nIf there are more candidates for election to an office than the number to be elected, the manager must conduct a secret postal ballot under part 4 .","sortOrder":202},{"sectionNumber":"sch.2-sec.9","sectionType":"section","heading":"Election without ballot","content":"### sch.2-sec.9 Election without ballot\n\nThe manager of the election must declare a candidate elected to an office if—\nnominations have closed; and\nthe candidate does not hold another office; and\nthe candidate has—\nnot nominated for a higher office; or\nnominated for a higher office and is not elected to the higher office; and\nif the election is for president or secretary—the candidate is the only candidate; and\nif the election is for another type of office—the number of candidates for the office is not more than the number of offices of the same type to be elected at the same time.\n- (a) nominations have closed; and\n- (b) the candidate does not hold another office; and\n- (c) the candidate has— (i) not nominated for a higher office; or (ii) nominated for a higher office and is not elected to the higher office; and\n- (i) not nominated for a higher office; or\n- (ii) nominated for a higher office and is not elected to the higher office; and\n- (d) if the election is for president or secretary—the candidate is the only candidate; and\n- (e) if the election is for another type of office—the number of candidates for the office is not more than the number of offices of the same type to be elected at the same time.\n- (i) not nominated for a higher office; or\n- (ii) nominated for a higher office and is not elected to the higher office; and","sortOrder":203},{"sectionNumber":"sch.2-pt.4","sectionType":"part","heading":"Conducting ballots","content":"# Conducting ballots","sortOrder":204},{"sectionNumber":"sch.2-pt.4-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":205},{"sectionNumber":"sch.2-sec.10","sectionType":"section","heading":"Roll—preparation","content":"### sch.2-sec.10 Roll—preparation\n\nA roll for a ballot must be prepared at the direction of the manager of the election.\nThe manager must ensure the roll—\nstates—\nthe name of each person who is an eligible member of the organisation in alphabetical order; and\neach eligible member’s address, opposite the member’s name; and\nis completed when nominations for the election close.\nThe organisation must give the manager—\na copy of its members register; and\naccess to the organisation’s records reasonably necessary for the manager to ensure the roll is accurate.\n(sch.2-sec.10-ssec.1) A roll for a ballot must be prepared at the direction of the manager of the election.\n(sch.2-sec.10-ssec.2) The manager must ensure the roll— states— the name of each person who is an eligible member of the organisation in alphabetical order; and each eligible member’s address, opposite the member’s name; and is completed when nominations for the election close.\n(sch.2-sec.10-ssec.3) The organisation must give the manager— a copy of its members register; and access to the organisation’s records reasonably necessary for the manager to ensure the roll is accurate.\n- (a) states— (i) the name of each person who is an eligible member of the organisation in alphabetical order; and (ii) each eligible member’s address, opposite the member’s name; and\n- (i) the name of each person who is an eligible member of the organisation in alphabetical order; and\n- (ii) each eligible member’s address, opposite the member’s name; and\n- (b) is completed when nominations for the election close.\n- (i) the name of each person who is an eligible member of the organisation in alphabetical order; and\n- (ii) each eligible member’s address, opposite the member’s name; and\n- (a) a copy of its members register; and\n- (b) access to the organisation’s records reasonably necessary for the manager to ensure the roll is accurate.","sortOrder":206},{"sectionNumber":"sch.2-sec.11","sectionType":"section","heading":"Roll—inspection","content":"### sch.2-sec.11 Roll—inspection\n\nThe manager of the election must make the roll for the election available for inspection—\nin the period that—\nstarts on the day after the roll must be completed under section 10 ; and\nends 30 days after the result of the election is declared; and\nat the manager’s office when it is open for business.\nA candidate, member or a person authorised by the manager may inspect the roll, free of charge.\nIf, during the period stated in subsection (1) , a candidate or member asks for a copy of the roll or a stated part of the roll, the manager must give the person the copy, free of charge.\n(sch.2-sec.11-ssec.1) The manager of the election must make the roll for the election available for inspection— in the period that— starts on the day after the roll must be completed under section 10 ; and ends 30 days after the result of the election is declared; and at the manager’s office when it is open for business.\n(sch.2-sec.11-ssec.2) A candidate, member or a person authorised by the manager may inspect the roll, free of charge.\n(sch.2-sec.11-ssec.3) If, during the period stated in subsection (1) , a candidate or member asks for a copy of the roll or a stated part of the roll, the manager must give the person the copy, free of charge.\n- (a) in the period that— (i) starts on the day after the roll must be completed under section 10 ; and (ii) ends 30 days after the result of the election is declared; and\n- (i) starts on the day after the roll must be completed under section 10 ; and\n- (ii) ends 30 days after the result of the election is declared; and\n- (b) at the manager’s office when it is open for business.\n- (i) starts on the day after the roll must be completed under section 10 ; and\n- (ii) ends 30 days after the result of the election is declared; and","sortOrder":207},{"sectionNumber":"sch.2-sec.12","sectionType":"section","heading":"When someone can claim a right to vote","content":"### sch.2-sec.12 When someone can claim a right to vote\n\nDespite section 10 (2) , if an eligible member’s name does not appear on the roll, the member may apply to the manager of the election to have the member’s name included on the roll.\nUnder section 984 of the Act , the application must be written.\nIf the manager is satisfied the applicant is an eligible member, the manager must include the applicant’s name on the roll.\n(sch.2-sec.12-ssec.1) Despite section 10 (2) , if an eligible member’s name does not appear on the roll, the member may apply to the manager of the election to have the member’s name included on the roll. Under section 984 of the Act , the application must be written.\n(sch.2-sec.12-ssec.2) If the manager is satisfied the applicant is an eligible member, the manager must include the applicant’s name on the roll.","sortOrder":208},{"sectionNumber":"sch.2-pt.4-div.2","sectionType":"division","heading":"Voting material","content":"## Voting material","sortOrder":209},{"sectionNumber":"sch.2-sec.13","sectionType":"section","heading":"Ballot papers","content":"### sch.2-sec.13 Ballot papers\n\nA ballot paper for the election must—\nhave a watermark or other distinctive pattern that prevents it being reproduced other than by the manager of the election or a person authorised by the manager; and\nbe of paper that hides a vote marked on it from view when it is folded once; and\nbe a different colour from the colour used for ballot papers at the 2 previous elections held for the organisation; and\nlist the names of each candidate once only for each office the election is for, with the surname first, followed by the candidate’s other names; and\nstate how the voter may vote; and\nstate that the voter must fill in and sign the voting declaration or the vote will not be counted; and\nstate that the voter must return the ballot paper to the manager so it is received on or before the finish day of the ballot.\nSee section 39 of this regulation for other requirements for ballot papers.\nThe order of names on the ballot paper must be decided by lot.\nIf 2 or more candidates have the same surname and first names, the candidates must be distinguished in an appropriate way.\nThe occupation of each candidate may be added to the ballot paper.\n(sch.2-sec.13-ssec.1) A ballot paper for the election must— have a watermark or other distinctive pattern that prevents it being reproduced other than by the manager of the election or a person authorised by the manager; and be of paper that hides a vote marked on it from view when it is folded once; and be a different colour from the colour used for ballot papers at the 2 previous elections held for the organisation; and list the names of each candidate once only for each office the election is for, with the surname first, followed by the candidate’s other names; and state how the voter may vote; and state that the voter must fill in and sign the voting declaration or the vote will not be counted; and state that the voter must return the ballot paper to the manager so it is received on or before the finish day of the ballot. See section 39 of this regulation for other requirements for ballot papers.\n(sch.2-sec.13-ssec.2) The order of names on the ballot paper must be decided by lot.\n(sch.2-sec.13-ssec.3) If 2 or more candidates have the same surname and first names, the candidates must be distinguished in an appropriate way. The occupation of each candidate may be added to the ballot paper.\n- (a) have a watermark or other distinctive pattern that prevents it being reproduced other than by the manager of the election or a person authorised by the manager; and\n- (b) be of paper that hides a vote marked on it from view when it is folded once; and\n- (c) be a different colour from the colour used for ballot papers at the 2 previous elections held for the organisation; and\n- (d) list the names of each candidate once only for each office the election is for, with the surname first, followed by the candidate’s other names; and\n- (e) state how the voter may vote; and\n- (f) state that the voter must fill in and sign the voting declaration or the vote will not be counted; and\n- (g) state that the voter must return the ballot paper to the manager so it is received on or before the finish day of the ballot.","sortOrder":210},{"sectionNumber":"sch.2-sec.14","sectionType":"section","heading":"Distributing voting material","content":"### sch.2-sec.14 Distributing voting material\n\nThe manager of the election must post the following things (the voting material ) to each voter—\na ballot paper initialled by the manager;\na copy of the scheme outline and any amendments to it;\na copy of each ‘yes’ case and any amendments to it;\na copy of each ‘no’ case and any amendments to it;\nan unsealed reply paid envelope (a return envelope ) addressed to the manager;\na ballot envelope and a voting declaration;\nother material the manager considers appropriate for the ballot, including, for example, directions or notes to help the voter comply with these rules and cast a valid vote;\na statement that tells the voter how and where the voter may obtain a copy of the latest version of the scheme.\nVoting material must be posted to each voter—\nin a sealed envelope addressed to the voter’s address on the roll; and\nas soon as practicable, but no earlier than 2 days before the start day for the ballot.\nThe voting declaration must state ‘I certify I am the person whose name appears on this envelope and I have voted on the ballot paper enclosed.’.\nIf a voter gives the manager notice that the voter will be at an address other than the address stated on the roll when voting material is to be given, the manager must post the material to the address stated in the notice.\nBefore posting voting material to a voter, the manager must mark a ballot number for each voter on—\nthe roll against the voter’s name; and\nthe declaration form.\nThe manager must give each voter a different ballot number.\nThe ballot numbers must start with a number chosen by the manager.\nA ballot paper or ballot envelope must not be marked in a way that could identify the voter.\n(sch.2-sec.14-ssec.1) The manager of the election must post the following things (the voting material ) to each voter— a ballot paper initialled by the manager; a copy of the scheme outline and any amendments to it; a copy of each ‘yes’ case and any amendments to it; a copy of each ‘no’ case and any amendments to it; an unsealed reply paid envelope (a return envelope ) addressed to the manager; a ballot envelope and a voting declaration; other material the manager considers appropriate for the ballot, including, for example, directions or notes to help the voter comply with these rules and cast a valid vote; a statement that tells the voter how and where the voter may obtain a copy of the latest version of the scheme.\n(sch.2-sec.14-ssec.2) Voting material must be posted to each voter— in a sealed envelope addressed to the voter’s address on the roll; and as soon as practicable, but no earlier than 2 days before the start day for the ballot.\n(sch.2-sec.14-ssec.3) The voting declaration must state ‘I certify I am the person whose name appears on this envelope and I have voted on the ballot paper enclosed.’.\n(sch.2-sec.14-ssec.4) If a voter gives the manager notice that the voter will be at an address other than the address stated on the roll when voting material is to be given, the manager must post the material to the address stated in the notice.\n(sch.2-sec.14-ssec.5) Before posting voting material to a voter, the manager must mark a ballot number for each voter on— the roll against the voter’s name; and the declaration form.\n(sch.2-sec.14-ssec.6) The manager must give each voter a different ballot number.\n(sch.2-sec.14-ssec.7) The ballot numbers must start with a number chosen by the manager.\n(sch.2-sec.14-ssec.8) A ballot paper or ballot envelope must not be marked in a way that could identify the voter.\n- (a) a ballot paper initialled by the manager;\n- (b) a copy of the scheme outline and any amendments to it;\n- (c) a copy of each ‘yes’ case and any amendments to it;\n- (d) a copy of each ‘no’ case and any amendments to it;\n- (e) an unsealed reply paid envelope (a return envelope ) addressed to the manager;\n- (f) a ballot envelope and a voting declaration;\n- (g) other material the manager considers appropriate for the ballot, including, for example, directions or notes to help the voter comply with these rules and cast a valid vote;\n- (h) a statement that tells the voter how and where the voter may obtain a copy of the latest version of the scheme.\n- (a) in a sealed envelope addressed to the voter’s address on the roll; and\n- (b) as soon as practicable, but no earlier than 2 days before the start day for the ballot.\n- (a) the roll against the voter’s name; and\n- (b) the declaration form.","sortOrder":211},{"sectionNumber":"sch.2-sec.15","sectionType":"section","heading":"Manager must keep a ballot box","content":"### sch.2-sec.15 Manager must keep a ballot box\n\nThe manager must have a ballot box and—\nkeep the box in a safe place; and\nseal the box in a way that—\nallows voting material to be put in it until the ballot finishes; and\nprevents voting material from being taken from it until votes for the ballot are to be counted.\n- (a) keep the box in a safe place; and\n- (b) seal the box in a way that— (i) allows voting material to be put in it until the ballot finishes; and (ii) prevents voting material from being taken from it until votes for the ballot are to be counted.\n- (i) allows voting material to be put in it until the ballot finishes; and\n- (ii) prevents voting material from being taken from it until votes for the ballot are to be counted.\n- (i) allows voting material to be put in it until the ballot finishes; and\n- (ii) prevents voting material from being taken from it until votes for the ballot are to be counted.","sortOrder":212},{"sectionNumber":"sch.2-sec.16","sectionType":"section","heading":"Duplicate voting material","content":"### sch.2-sec.16 Duplicate voting material\n\nThis section applies if voting material posted to a voter—\nhas not been received by the voter; or\nhas been lost or destroyed; or\nif the document is a ballot paper—has been spoilt.\nThe voter may apply to the manager of the election for a duplicate of the voting material.\nThe application must—\nbe received by the manager on or before the finish day for the ballot; and\nstate the grounds for the application; and\nif practicable, be substantiated by evidence verifying or tending to verify the grounds; and\nstate that the voter has not voted at the ballot; and\nif the document is a spoilt ballot paper—be accompanied by the ballot paper.\nIf the application complies with subsection (3) , the manager must—\nif the document is a spoilt ballot paper—\nmark ‘spoilt’ on the paper; and\ninitial the paper where marked and keep the paper; and\ngive a fresh ballot paper to the voter; or\notherwise—give a duplicate of the document to the voter.\n(sch.2-sec.16-ssec.1) This section applies if voting material posted to a voter— has not been received by the voter; or has been lost or destroyed; or if the document is a ballot paper—has been spoilt.\n(sch.2-sec.16-ssec.2) The voter may apply to the manager of the election for a duplicate of the voting material.\n(sch.2-sec.16-ssec.3) The application must— be received by the manager on or before the finish day for the ballot; and state the grounds for the application; and if practicable, be substantiated by evidence verifying or tending to verify the grounds; and state that the voter has not voted at the ballot; and if the document is a spoilt ballot paper—be accompanied by the ballot paper.\n(sch.2-sec.16-ssec.4) If the application complies with subsection (3) , the manager must— if the document is a spoilt ballot paper— mark ‘spoilt’ on the paper; and initial the paper where marked and keep the paper; and give a fresh ballot paper to the voter; or otherwise—give a duplicate of the document to the voter.\n- (a) has not been received by the voter; or\n- (b) has been lost or destroyed; or\n- (c) if the document is a ballot paper—has been spoilt.\n- (a) be received by the manager on or before the finish day for the ballot; and\n- (b) state the grounds for the application; and\n- (c) if practicable, be substantiated by evidence verifying or tending to verify the grounds; and\n- (d) state that the voter has not voted at the ballot; and\n- (e) if the document is a spoilt ballot paper—be accompanied by the ballot paper.\n- (a) if the document is a spoilt ballot paper— (i) mark ‘spoilt’ on the paper; and (ii) initial the paper where marked and keep the paper; and (iii) give a fresh ballot paper to the voter; or\n- (i) mark ‘spoilt’ on the paper; and\n- (ii) initial the paper where marked and keep the paper; and\n- (iii) give a fresh ballot paper to the voter; or\n- (b) otherwise—give a duplicate of the document to the voter.\n- (i) mark ‘spoilt’ on the paper; and\n- (ii) initial the paper where marked and keep the paper; and\n- (iii) give a fresh ballot paper to the voter; or","sortOrder":213},{"sectionNumber":"sch.2-pt.4-div.3","sectionType":"division","heading":"Voting","content":"## Voting","sortOrder":214},{"sectionNumber":"sch.2-sec.17","sectionType":"section","heading":"How long ballot is open","content":"### sch.2-sec.17 How long ballot is open\n\nA ballot must remain open for—\nat least 21 days; and\nno longer than 49 days.\n- (a) at least 21 days; and\n- (b) no longer than 49 days.","sortOrder":215},{"sectionNumber":"sch.2-sec.18","sectionType":"section","heading":"How to vote","content":"### sch.2-sec.18 How to vote\n\nA voter may vote only by completing the following steps—\ncompleting a ballot paper by—\nwriting a tick or cross in the square opposite the name or names of the number of candidates the voter may vote for under section 19 ; and\ncomplying with the instructions on the paper about how to vote;\nputting the ballot paper in a ballot envelope;\nsealing the ballot envelope;\nfilling in and signing the voting declaration for the ballot paper;\nputting the voting declaration and the ballot envelope in the return envelope;\nsealing the return envelope;\ncomplying with a direction given under section 14 (1) (g) ;\nreturning the return envelope to the manager of the election so the envelope is received on or before the finish day for the ballot.\n- (a) completing a ballot paper by— (i) writing a tick or cross in the square opposite the name or names of the number of candidates the voter may vote for under section 19 ; and (ii) complying with the instructions on the paper about how to vote;\n- (i) writing a tick or cross in the square opposite the name or names of the number of candidates the voter may vote for under section 19 ; and\n- (ii) complying with the instructions on the paper about how to vote;\n- (b) putting the ballot paper in a ballot envelope;\n- (c) sealing the ballot envelope;\n- (d) filling in and signing the voting declaration for the ballot paper;\n- (e) putting the voting declaration and the ballot envelope in the return envelope;\n- (f) sealing the return envelope;\n- (g) complying with a direction given under section 14 (1) (g) ;\n- (h) returning the return envelope to the manager of the election so the envelope is received on or before the finish day for the ballot.\n- (i) writing a tick or cross in the square opposite the name or names of the number of candidates the voter may vote for under section 19 ; and\n- (ii) complying with the instructions on the paper about how to vote;","sortOrder":216},{"sectionNumber":"sch.2-sec.19","sectionType":"section","heading":"How many votes may be cast","content":"### sch.2-sec.19 How many votes may be cast\n\nA voter may vote for only the following number of candidates on a ballot paper—\nfor an election for president or secretary—1 candidate;\nfor an election for another type of office—the number of candidates that is not more than the number of offices of the same type to be elected at the same time.\n- (a) for an election for president or secretary—1 candidate;\n- (b) for an election for another type of office—the number of candidates that is not more than the number of offices of the same type to be elected at the same time.","sortOrder":217},{"sectionNumber":"sch.2-pt.4-div.4","sectionType":"division","heading":"Counting and scrutiny of votes","content":"## Counting and scrutiny of votes","sortOrder":218},{"sectionNumber":"sch.2-sec.20","sectionType":"section","heading":"How manager must deal with voting material","content":"### sch.2-sec.20 How manager must deal with voting material\n\nThe manager of the election must put all voting material returned to the manager in the ballot box until voting has ended.\nIf, after the finish day for the ballot, the manager receives a return envelope apparently containing a ballot paper for the election, the manager must—\nkeep the envelope sealed; and\nmark the envelope ‘Received by the manager after the finish day for the ballot’; and\nkeep the envelope in safe custody, but separately from return envelopes received before or on the finish day.\n(sch.2-sec.20-ssec.1) The manager of the election must put all voting material returned to the manager in the ballot box until voting has ended.\n(sch.2-sec.20-ssec.2) If, after the finish day for the ballot, the manager receives a return envelope apparently containing a ballot paper for the election, the manager must— keep the envelope sealed; and mark the envelope ‘Received by the manager after the finish day for the ballot’; and keep the envelope in safe custody, but separately from return envelopes received before or on the finish day.\n- (a) keep the envelope sealed; and\n- (b) mark the envelope ‘Received by the manager after the finish day for the ballot’; and\n- (c) keep the envelope in safe custody, but separately from return envelopes received before or on the finish day.","sortOrder":219},{"sectionNumber":"sch.2-sec.21","sectionType":"section","heading":"Scrutineers—appointment","content":"### sch.2-sec.21 Scrutineers—appointment\n\nA candidate may—\nact personally as a scrutineer; or\nappoint another person (an appointee ) as a scrutineer for the candidate.\nAn appointment must be in writing and signed by the candidate.\nA candidate must notify the manager of the election of the name of the candidate’s appointee as soon as possible after the appointee is appointed.\nThe manager may refuse to allow an appointee to act as a scrutineer if—\nthe manager asks to inspect the appointment as a scrutineer; and\nthe appointee does not produce it.\n(sch.2-sec.21-ssec.1) A candidate may— act personally as a scrutineer; or appoint another person (an appointee ) as a scrutineer for the candidate.\n(sch.2-sec.21-ssec.2) An appointment must be in writing and signed by the candidate.\n(sch.2-sec.21-ssec.3) A candidate must notify the manager of the election of the name of the candidate’s appointee as soon as possible after the appointee is appointed.\n(sch.2-sec.21-ssec.4) The manager may refuse to allow an appointee to act as a scrutineer if— the manager asks to inspect the appointment as a scrutineer; and the appointee does not produce it.\n- (a) act personally as a scrutineer; or\n- (b) appoint another person (an appointee ) as a scrutineer for the candidate.\n- (a) the manager asks to inspect the appointment as a scrutineer; and\n- (b) the appointee does not produce it.","sortOrder":220},{"sectionNumber":"sch.2-sec.22","sectionType":"section","heading":"Scrutineers’ rights","content":"### sch.2-sec.22 Scrutineers’ rights\n\nSubject to section 23 , a scrutineer may be present when—\nballot papers or other voting material for a ballot are prepared and given to voters; and\nvoting material is received and put in safe custody under section 20 ; and\nvotes are counted.\n- (a) ballot papers or other voting material for a ballot are prepared and given to voters; and\n- (b) voting material is received and put in safe custody under section 20 ; and\n- (c) votes are counted.","sortOrder":221},{"sectionNumber":"sch.2-sec.23","sectionType":"section","heading":"Scrutineers—numbers attending","content":"### sch.2-sec.23 Scrutineers—numbers attending\n\nEach candidate may have only 1 scrutineer exercising a right under section 22 for each official present where the ballot is being conducted.\nIn this section—\nofficial means—\nif the ballot is being conducted by the electoral commission—an electoral officer; or\notherwise—\nthe manager of the election; or\nanother person appointed by the manager to exercise the manager’s powers for the election.\n(sch.2-sec.23-ssec.1) Each candidate may have only 1 scrutineer exercising a right under section 22 for each official present where the ballot is being conducted.\n(sch.2-sec.23-ssec.2) In this section— official means— if the ballot is being conducted by the electoral commission—an electoral officer; or otherwise— the manager of the election; or another person appointed by the manager to exercise the manager’s powers for the election.\n- (a) if the ballot is being conducted by the electoral commission—an electoral officer; or\n- (b) otherwise— (i) the manager of the election; or (ii) another person appointed by the manager to exercise the manager’s powers for the election.\n- (i) the manager of the election; or\n- (ii) another person appointed by the manager to exercise the manager’s powers for the election.\n- (i) the manager of the election; or\n- (ii) another person appointed by the manager to exercise the manager’s powers for the election.","sortOrder":222},{"sectionNumber":"sch.2-sec.24","sectionType":"section","heading":"Initial scrutiny of voting material","content":"### sch.2-sec.24 Initial scrutiny of voting material\n\nAs soon as possible after the ballot finishes, the manager of the election must—\nseal the ballot box in a way that prevents voting material from being put in it; and\ntake the ballot box to the place where votes are to be counted.\nThe manager must then—\nunseal the ballot box; and\ntake out the return envelopes; and\nopen each return envelope and take out the ballot envelope and the voting declaration; and\nexamine the declaration and mark off the voter’s name on the roll; and\ncheck the ballot number on the declaration against the ballot number marked against the voter’s name on the roll; and\nensure the declaration is signed.\nAfter complying with subsection (2) , the manager must put the ballot envelopes in a container and the declarations into another container if satisfied—\neach declaration is signed; and\nthe ballot number on each declaration corresponds with the ballot number marked beside the voter’s name on the roll.\nHowever, the manager must not put a ballot envelope or declaration in the containers mentioned in subsection (3) if—\nthe manager reasonably believes the voter to whom it was sent did not sign the declaration; or\nthe person named on the declaration is not the person to whom it was sent.\nSubsection (4) does not apply if the manager is satisfied the person who filled in and signed the declaration—\nis a voter; and\nhas not previously voted in the ballot; and\nhas a reasonable explanation for using someone else’s ballot material.\nThe manager must keep ballot envelopes and declarations excluded under subsection (4) separate from other ballot envelopes and declarations.\nA declaration is valid only if—\nit complies with subsection (3) (a) and (b) ; and\nsubsection (4) does not apply.\nA valid declaration must be accepted as valid, and an invalid declaration must be rejected, by the manager.\nIf a declaration is accepted as valid by the manager the manager must—\nnote the acceptance of validity on the declaration; and\nrecord the correct ballot number on the roll against the name of the voter who signed the declaration.\nAfter separating the ballot envelopes and declarations, the manager must, in the following order—\nseal the container holding declarations;\nopen the ballot envelopes not excluded under subsection (4) and take out the ballot papers;\nif a ballot envelope contains more than 1 ballot paper for each office the election is for—mark each of the ballot papers from the envelope ‘informal under section 25 (2) (e) ’;\nput all of the ballot papers in the ballot box.\n(sch.2-sec.24-ssec.1) As soon as possible after the ballot finishes, the manager of the election must— seal the ballot box in a way that prevents voting material from being put in it; and take the ballot box to the place where votes are to be counted.\n(sch.2-sec.24-ssec.2) The manager must then— unseal the ballot box; and take out the return envelopes; and open each return envelope and take out the ballot envelope and the voting declaration; and examine the declaration and mark off the voter’s name on the roll; and check the ballot number on the declaration against the ballot number marked against the voter’s name on the roll; and ensure the declaration is signed.\n(sch.2-sec.24-ssec.3) After complying with subsection (2) , the manager must put the ballot envelopes in a container and the declarations into another container if satisfied— each declaration is signed; and the ballot number on each declaration corresponds with the ballot number marked beside the voter’s name on the roll.\n(sch.2-sec.24-ssec.4) However, the manager must not put a ballot envelope or declaration in the containers mentioned in subsection (3) if— the manager reasonably believes the voter to whom it was sent did not sign the declaration; or the person named on the declaration is not the person to whom it was sent.\n(sch.2-sec.24-ssec.5) Subsection (4) does not apply if the manager is satisfied the person who filled in and signed the declaration— is a voter; and has not previously voted in the ballot; and has a reasonable explanation for using someone else’s ballot material.\n(sch.2-sec.24-ssec.6) The manager must keep ballot envelopes and declarations excluded under subsection (4) separate from other ballot envelopes and declarations.\n(sch.2-sec.24-ssec.7) A declaration is valid only if— it complies with subsection (3) (a) and (b) ; and subsection (4) does not apply.\n(sch.2-sec.24-ssec.8) A valid declaration must be accepted as valid, and an invalid declaration must be rejected, by the manager.\n(sch.2-sec.24-ssec.9) If a declaration is accepted as valid by the manager the manager must— note the acceptance of validity on the declaration; and record the correct ballot number on the roll against the name of the voter who signed the declaration.\n(sch.2-sec.24-ssec.10) After separating the ballot envelopes and declarations, the manager must, in the following order— seal the container holding declarations; open the ballot envelopes not excluded under subsection (4) and take out the ballot papers; if a ballot envelope contains more than 1 ballot paper for each office the election is for—mark each of the ballot papers from the envelope ‘informal under section 25 (2) (e) ’; put all of the ballot papers in the ballot box.\n- (a) seal the ballot box in a way that prevents voting material from being put in it; and\n- (b) take the ballot box to the place where votes are to be counted.\n- (a) unseal the ballot box; and\n- (b) take out the return envelopes; and\n- (c) open each return envelope and take out the ballot envelope and the voting declaration; and\n- (d) examine the declaration and mark off the voter’s name on the roll; and\n- (e) check the ballot number on the declaration against the ballot number marked against the voter’s name on the roll; and\n- (f) ensure the declaration is signed.\n- (a) each declaration is signed; and\n- (b) the ballot number on each declaration corresponds with the ballot number marked beside the voter’s name on the roll.\n- (a) the manager reasonably believes the voter to whom it was sent did not sign the declaration; or\n- (b) the person named on the declaration is not the person to whom it was sent.\n- (a) is a voter; and\n- (b) has not previously voted in the ballot; and\n- (c) has a reasonable explanation for using someone else’s ballot material.\n- (a) it complies with subsection (3) (a) and (b) ; and\n- (b) subsection (4) does not apply.\n- (a) note the acceptance of validity on the declaration; and\n- (b) record the correct ballot number on the roll against the name of the voter who signed the declaration.\n- (a) seal the container holding declarations;\n- (b) open the ballot envelopes not excluded under subsection (4) and take out the ballot papers;\n- (c) if a ballot envelope contains more than 1 ballot paper for each office the election is for—mark each of the ballot papers from the envelope ‘informal under section 25 (2) (e) ’;\n- (d) put all of the ballot papers in the ballot box.","sortOrder":223},{"sectionNumber":"sch.2-sec.25","sectionType":"section","heading":"Counting votes","content":"### sch.2-sec.25 Counting votes\n\nTo count votes, the manager of the election must—\nadmit the formal votes and reject the informal votes; and\ncount the formal votes, and record the number for each candidate; and\ncount the informal votes.\nA vote is informal only if—\nthe ballot paper is not initialled by the manager under section 26 (4) (b) and the manager is not satisfied the paper is authentic; or\nthe ballot paper is marked in a way that allows the voter to be identified; or\nthe ballot paper is not marked in a way that makes it clear how the voter meant to vote; or\nthe ballot paper does not comply with a direction given under section 14 (1) (g) ; or\nthe ballot envelope from which the ballot paper was taken contained more than 1 ballot paper.\n(sch.2-sec.25-ssec.1) To count votes, the manager of the election must— admit the formal votes and reject the informal votes; and count the formal votes, and record the number for each candidate; and count the informal votes.\n(sch.2-sec.25-ssec.2) A vote is informal only if— the ballot paper is not initialled by the manager under section 26 (4) (b) and the manager is not satisfied the paper is authentic; or the ballot paper is marked in a way that allows the voter to be identified; or the ballot paper is not marked in a way that makes it clear how the voter meant to vote; or the ballot paper does not comply with a direction given under section 14 (1) (g) ; or the ballot envelope from which the ballot paper was taken contained more than 1 ballot paper.\n- (a) admit the formal votes and reject the informal votes; and\n- (b) count the formal votes, and record the number for each candidate; and\n- (c) count the informal votes.\n- (a) the ballot paper is not initialled by the manager under section 26 (4) (b) and the manager is not satisfied the paper is authentic; or\n- (b) the ballot paper is marked in a way that allows the voter to be identified; or\n- (c) the ballot paper is not marked in a way that makes it clear how the voter meant to vote; or\n- (d) the ballot paper does not comply with a direction given under section 14 (1) (g) ; or\n- (e) the ballot envelope from which the ballot paper was taken contained more than 1 ballot paper.","sortOrder":224},{"sectionNumber":"sch.2-sec.26","sectionType":"section","heading":"Scrutineers’ objections","content":"### sch.2-sec.26 Scrutineers’ objections\n\nBefore votes are counted, a scrutineer may advise the manager of the election the scrutineer considers an error has been made in conducting the ballot.\nWhen votes are counted, a scrutineer may—\nobject to a ballot paper being admitted as formal or rejected as informal by the manager of the election; or\nadvise the manager of the election that the scrutineer considers an error has been made in conducting the ballot or counting votes.\nIf a scrutineer advises the manager under subsection (1) or (2) (b) , the manager must—\ndecide whether the error has been made; and\nif appropriate—direct action be taken to correct or mitigate the error.\nIf a scrutineer objects under subsection (2) (a) , the manager must—\ndecide whether the ballot paper is to be admitted or rejected; and\nnote the decision on the ballot paper and initial the note.\n(sch.2-sec.26-ssec.1) Before votes are counted, a scrutineer may advise the manager of the election the scrutineer considers an error has been made in conducting the ballot.\n(sch.2-sec.26-ssec.2) When votes are counted, a scrutineer may— object to a ballot paper being admitted as formal or rejected as informal by the manager of the election; or advise the manager of the election that the scrutineer considers an error has been made in conducting the ballot or counting votes.\n(sch.2-sec.26-ssec.3) If a scrutineer advises the manager under subsection (1) or (2) (b) , the manager must— decide whether the error has been made; and if appropriate—direct action be taken to correct or mitigate the error.\n(sch.2-sec.26-ssec.4) If a scrutineer objects under subsection (2) (a) , the manager must— decide whether the ballot paper is to be admitted or rejected; and note the decision on the ballot paper and initial the note.\n- (a) object to a ballot paper being admitted as formal or rejected as informal by the manager of the election; or\n- (b) advise the manager of the election that the scrutineer considers an error has been made in conducting the ballot or counting votes.\n- (a) decide whether the error has been made; and\n- (b) if appropriate—direct action be taken to correct or mitigate the error.\n- (a) decide whether the ballot paper is to be admitted or rejected; and\n- (b) note the decision on the ballot paper and initial the note.","sortOrder":225},{"sectionNumber":"sch.2-sec.27","sectionType":"section","heading":"Direction by manager to leave count","content":"### sch.2-sec.27 Direction by manager to leave count\n\nThe manager of the election may direct a person to leave the place where votes are being counted if the manager reasonably believes the person—\ndoes not have the right to be present at the count; or\nis interrupting the count, other than to exercise a scrutineer’s right.\n- (a) does not have the right to be present at the count; or\n- (b) is interrupting the count, other than to exercise a scrutineer’s right.","sortOrder":226},{"sectionNumber":"sch.2-pt.4-div.5","sectionType":"division","heading":"Election result","content":"## Election result","sortOrder":227},{"sectionNumber":"sch.2-sec.28","sectionType":"section","heading":"How result is decided","content":"### sch.2-sec.28 How result is decided\n\nThe way of deciding the result of a ballot is by a first-past-the-post system.\nIf only 1 office of the same type is to be filled in an election, the candidate with the most formal votes is elected.\nIf more than 1 office of the same type is to be filled, that number of candidates corresponding with the number of offices to be filled who have the most formal votes are elected.\nThis section is subject to sections 29 and 30 .\n(sch.2-sec.28-ssec.1) The way of deciding the result of a ballot is by a first-past-the-post system.\n(sch.2-sec.28-ssec.2) If only 1 office of the same type is to be filled in an election, the candidate with the most formal votes is elected.\n(sch.2-sec.28-ssec.3) If more than 1 office of the same type is to be filled, that number of candidates corresponding with the number of offices to be filled who have the most formal votes are elected.\n(sch.2-sec.28-ssec.4) This section is subject to sections 29 and 30 .","sortOrder":228},{"sectionNumber":"sch.2-sec.29","sectionType":"section","heading":"What happens if votes for 2 or more candidates are equal","content":"### sch.2-sec.29 What happens if votes for 2 or more candidates are equal\n\nIf the manager of the election can not decide which candidate is elected to an office because the votes cast for 2 or more candidates are equal, the manager must decide which candidate is elected by drawing lots.\nA decision under subsection (1) must be made in the presence of a scrutineer who wishes to attend.\n(sch.2-sec.29-ssec.1) If the manager of the election can not decide which candidate is elected to an office because the votes cast for 2 or more candidates are equal, the manager must decide which candidate is elected by drawing lots.\n(sch.2-sec.29-ssec.2) A decision under subsection (1) must be made in the presence of a scrutineer who wishes to attend.","sortOrder":229},{"sectionNumber":"sch.2-sec.30","sectionType":"section","heading":"What happens if multiple nominee elected","content":"### sch.2-sec.30 What happens if multiple nominee elected\n\nIf a candidate is elected to an office, other than as a trustee, and the candidate is also elected to a higher office, the manager of the election may only declare the candidate elected to the higher office.","sortOrder":230},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":231},{"sectionNumber":"sch.4-sec.1","sectionType":"section","heading":"Information limited to last financial year for which general purpose financial report prepared","content":"### sch.4-sec.1 Information limited to last financial year for which general purpose financial report prepared\n\nInformation about a reporting unit that is mentioned in this schedule is limited to the stated information relating to the last financial year for which a report was prepared under section 763 of the Act .\nA reference in this schedule to the financial year is a reference to the financial year mentioned in subsection (1) .\n(sch.4-sec.1-ssec.1) Information about a reporting unit that is mentioned in this schedule is limited to the stated information relating to the last financial year for which a report was prepared under section 763 of the Act .\n(sch.4-sec.1-ssec.2) A reference in this schedule to the financial year is a reference to the financial year mentioned in subsection (1) .","sortOrder":232},{"sectionNumber":"sch.4-sec.2","sectionType":"section","heading":"References to prescribed donations, grants and loans","content":"### sch.4-sec.2 References to prescribed donations, grants and loans\n\nA reference in this schedule to a prescribed donation, a prescribed grant or a prescribed loan is a reference to a donation or a grant made, or a loan given, by a reporting unit—\nto a member of the reporting unit; and\ncertified by a relevant officer that the officer was satisfied the donation, grant or loan was necessary to relieve the member or a dependant of the member from financial or other hardship.\nIn this section—\nrelevant officer means an officer of the reporting unit approved under the rules of the reporting unit to authorise donations, grants or loans made or given to a member of the reporting unit.\n(sch.4-sec.2-ssec.1) A reference in this schedule to a prescribed donation, a prescribed grant or a prescribed loan is a reference to a donation or a grant made, or a loan given, by a reporting unit— to a member of the reporting unit; and certified by a relevant officer that the officer was satisfied the donation, grant or loan was necessary to relieve the member or a dependant of the member from financial or other hardship.\n(sch.4-sec.2-ssec.2) In this section— relevant officer means an officer of the reporting unit approved under the rules of the reporting unit to authorise donations, grants or loans made or given to a member of the reporting unit.\n- (a) to a member of the reporting unit; and\n- (b) certified by a relevant officer that the officer was satisfied the donation, grant or loan was necessary to relieve the member or a dependant of the member from financial or other hardship.","sortOrder":233},{"sectionNumber":"sch.4-sec.3","sectionType":"section","heading":"Form of information","content":"### sch.4-sec.3 Form of information\n\nInformation that must be made available to a member of a reporting unit, or to the registrar, under section 787 (1) of the Act —\nmust be in writing and signed by a designated officer under section 753 (1) of the Act ; and\nmust, unless the application states a different way in which the information must be made available—\nif the application was made by the registrar—be delivered by hand, or sent by prepaid post, to the registrar; or\nif the application was made by a member of the reporting unit and states an address for the member—be sent by prepaid post to that address; or\nin any other case—be left for collection at the office of the reporting unit.\n- (a) must be in writing and signed by a designated officer under section 753 (1) of the Act ; and\n- (b) must, unless the application states a different way in which the information must be made available— (i) if the application was made by the registrar—be delivered by hand, or sent by prepaid post, to the registrar; or (ii) if the application was made by a member of the reporting unit and states an address for the member—be sent by prepaid post to that address; or (iii) in any other case—be left for collection at the office of the reporting unit.\n- (i) if the application was made by the registrar—be delivered by hand, or sent by prepaid post, to the registrar; or\n- (ii) if the application was made by a member of the reporting unit and states an address for the member—be sent by prepaid post to that address; or\n- (iii) in any other case—be left for collection at the office of the reporting unit.\n- (i) if the application was made by the registrar—be delivered by hand, or sent by prepaid post, to the registrar; or\n- (ii) if the application was made by a member of the reporting unit and states an address for the member—be sent by prepaid post to that address; or\n- (iii) in any other case—be left for collection at the office of the reporting unit.","sortOrder":234},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Information to be given","content":"# Information to be given","sortOrder":235},{"sectionNumber":"sch.4-sec.4","sectionType":"section","heading":"Donations and grants","content":"### sch.4-sec.4 Donations and grants\n\nFor a donation or grant of more than $1,000 made to the reporting unit during the financial year—\nthe amount of the donation or grant; and\nif the donation or grant was made for a stated purpose—the stated purpose; and\nif the donation or grant is not a prescribed donation or prescribed grant—the name and address of the entity to which the donation or grant was made.\nFor a donation or grant of more than $1,000 made by the reporting unit during the financial year—\nthe purpose for which the donation or grant was made; and\nthe amount of the donation or grant; and\nif the donation or grant is not a prescribed donation or prescribed grant—the name and address of the entity to which the donation or grant was made.\n(sch.4-sec.4-ssec.1) For a donation or grant of more than $1,000 made to the reporting unit during the financial year— the amount of the donation or grant; and if the donation or grant was made for a stated purpose—the stated purpose; and if the donation or grant is not a prescribed donation or prescribed grant—the name and address of the entity to which the donation or grant was made.\n(sch.4-sec.4-ssec.2) For a donation or grant of more than $1,000 made by the reporting unit during the financial year— the purpose for which the donation or grant was made; and the amount of the donation or grant; and if the donation or grant is not a prescribed donation or prescribed grant—the name and address of the entity to which the donation or grant was made.\n- (a) the amount of the donation or grant; and\n- (b) if the donation or grant was made for a stated purpose—the stated purpose; and\n- (c) if the donation or grant is not a prescribed donation or prescribed grant—the name and address of the entity to which the donation or grant was made.\n- (a) the purpose for which the donation or grant was made; and\n- (b) the amount of the donation or grant; and\n- (c) if the donation or grant is not a prescribed donation or prescribed grant—the name and address of the entity to which the donation or grant was made.","sortOrder":236},{"sectionNumber":"sch.4-sec.5","sectionType":"section","heading":"Amounts more than $1,000","content":"### sch.4-sec.5 Amounts more than $1,000\n\nThis section applies for an amount that—\nis more than $1,000; and\nis not an amount that must be disclosed in the reporting unit’s general purpose financial report.\nFor an amount received or paid by the reporting unit during the financial year—\nthe amount received or paid; and\nthe name and address of the entity from whom the amount was received or to whom the amount was paid; and\nthe purpose for which the amount was received or paid by the reporting unit; and\nthe nature of the transaction; and\nif a member of a reporting unit has other information to assist the reporting unit to identify in its financial records the information applied for under section 787 (1) of the Act —the other information.\nAn amount paid by the reporting unit to an officer or employee of the reporting unit, whether as a single transaction or multiple transactions, for reimbursement of out of pocket expenses.\n(sch.4-sec.5-ssec.1) This section applies for an amount that— is more than $1,000; and is not an amount that must be disclosed in the reporting unit’s general purpose financial report.\n(sch.4-sec.5-ssec.2) For an amount received or paid by the reporting unit during the financial year— the amount received or paid; and the name and address of the entity from whom the amount was received or to whom the amount was paid; and the purpose for which the amount was received or paid by the reporting unit; and the nature of the transaction; and if a member of a reporting unit has other information to assist the reporting unit to identify in its financial records the information applied for under section 787 (1) of the Act —the other information.\n(sch.4-sec.5-ssec.3) An amount paid by the reporting unit to an officer or employee of the reporting unit, whether as a single transaction or multiple transactions, for reimbursement of out of pocket expenses.\n- (a) is more than $1,000; and\n- (b) is not an amount that must be disclosed in the reporting unit’s general purpose financial report.\n- (a) the amount received or paid; and\n- (b) the name and address of the entity from whom the amount was received or to whom the amount was paid; and\n- (c) the purpose for which the amount was received or paid by the reporting unit; and\n- (d) the nature of the transaction; and\n- (e) if a member of a reporting unit has other information to assist the reporting unit to identify in its financial records the information applied for under section 787 (1) of the Act —the other information.","sortOrder":237},{"sectionNumber":"sch.4-sec.6","sectionType":"section","heading":"Loans","content":"### sch.4-sec.6 Loans\n\nFor a loan of more than $1,000 made by the reporting unit during the financial year—\nthe amount of the loan; and\nthe purpose for which the loan was required; and\nthe security given for the loan; and\nif the loan is not a prescribed loan—the name and address of the entity to whom the loan was made and the arrangements made for the repayment of the loan.\nFor a loan of more than $10,000 received by the reporting unit during the financial year—\nthe name and address of the entity from whom the loan was received; and\nthe amount of the loan; and\nthe reason the loan was needed; and\nthe security given for the loan; and\nthe arrangements made for the repayment of the loan.\n(sch.4-sec.6-ssec.1) For a loan of more than $1,000 made by the reporting unit during the financial year— the amount of the loan; and the purpose for which the loan was required; and the security given for the loan; and if the loan is not a prescribed loan—the name and address of the entity to whom the loan was made and the arrangements made for the repayment of the loan.\n(sch.4-sec.6-ssec.2) For a loan of more than $10,000 received by the reporting unit during the financial year— the name and address of the entity from whom the loan was received; and the amount of the loan; and the reason the loan was needed; and the security given for the loan; and the arrangements made for the repayment of the loan.\n- (a) the amount of the loan; and\n- (b) the purpose for which the loan was required; and\n- (c) the security given for the loan; and\n- (d) if the loan is not a prescribed loan—the name and address of the entity to whom the loan was made and the arrangements made for the repayment of the loan.\n- (a) the name and address of the entity from whom the loan was received; and\n- (b) the amount of the loan; and\n- (c) the reason the loan was needed; and\n- (d) the security given for the loan; and\n- (e) the arrangements made for the repayment of the loan.","sortOrder":238},{"sectionNumber":"sch.4-sec.7","sectionType":"section","heading":"Funds other than general funds","content":"### sch.4-sec.7 Funds other than general funds\n\nFor a fund the reporting unit is required by its rules to operate other than a general fund—\nthe purpose for which the fund was operated; and\nthe amount in the fund at the beginning of the financial year, if applicable; and\nwhether money was transferred to the fund from another fund or an account operated by the reporting unit; and\nif money mentioned in paragraph (c) was transferred—a description of each fund or account from which money was transferred and the amount transferred from each fund or account; and\nthe total amount of money, other than money mentioned in paragraphs (c) and (d), paid into the fund; and\nthe total amount of payments made out of the fund for the purpose mentioned in paragraph (a) ; and\nwhether a payment was made out of the fund for a purpose other than the purpose mentioned in paragraph (a) ; and\nif a payment mentioned in paragraph (g) was made—\nthe amount of the payment and the purpose for which it was made; and\nthe date the payment was approved by a member of the management committee or an employee of the organisation; and\nthe designation within the reporting unit of the person who approved the payment; and\nwhether money was transferred from the fund to another fund or an account operated by the reporting unit; and\nif money mentioned in paragraph (i) was transferred—\na description of each fund or account to which the money was transferred and the amount transferred to each fund or account; and\nthe date the approval of the transfer was given; and\nthe designation within the reporting unit of the entity who approved the transfer; and\nif the fund is operating on the last day of the financial year—the amount of the balance of the fund or account; and\nif the fund stopped operating during the financial year—\nthe closing balance of the fund; and\nif any part of the fund was invested in assets during the financial year—the amount invested and a description of the assets; and\nthe amount for payroll deduction facilities provided by the employer of the member by or for whom the application under section 787 (1) of the Act was made.\n- (a) the purpose for which the fund was operated; and\n- (b) the amount in the fund at the beginning of the financial year, if applicable; and\n- (c) whether money was transferred to the fund from another fund or an account operated by the reporting unit; and\n- (d) if money mentioned in paragraph (c) was transferred—a description of each fund or account from which money was transferred and the amount transferred from each fund or account; and\n- (e) the total amount of money, other than money mentioned in paragraphs (c) and (d), paid into the fund; and\n- (f) the total amount of payments made out of the fund for the purpose mentioned in paragraph (a) ; and\n- (g) whether a payment was made out of the fund for a purpose other than the purpose mentioned in paragraph (a) ; and\n- (h) if a payment mentioned in paragraph (g) was made— (i) the amount of the payment and the purpose for which it was made; and (ii) the date the payment was approved by a member of the management committee or an employee of the organisation; and (iii) the designation within the reporting unit of the person who approved the payment; and\n- (i) the amount of the payment and the purpose for which it was made; and\n- (ii) the date the payment was approved by a member of the management committee or an employee of the organisation; and\n- (iii) the designation within the reporting unit of the person who approved the payment; and\n- (i) whether money was transferred from the fund to another fund or an account operated by the reporting unit; and\n- (j) if money mentioned in paragraph (i) was transferred— (i) a description of each fund or account to which the money was transferred and the amount transferred to each fund or account; and (ii) the date the approval of the transfer was given; and (iii) the designation within the reporting unit of the entity who approved the transfer; and\n- (i) a description of each fund or account to which the money was transferred and the amount transferred to each fund or account; and\n- (ii) the date the approval of the transfer was given; and\n- (iii) the designation within the reporting unit of the entity who approved the transfer; and\n- (k) if the fund is operating on the last day of the financial year—the amount of the balance of the fund or account; and\n- (l) if the fund stopped operating during the financial year— (i) the closing balance of the fund; and (ii) if any part of the fund was invested in assets during the financial year—the amount invested and a description of the assets; and\n- (i) the closing balance of the fund; and\n- (ii) if any part of the fund was invested in assets during the financial year—the amount invested and a description of the assets; and\n- (m) the amount for payroll deduction facilities provided by the employer of the member by or for whom the application under section 787 (1) of the Act was made.\n- (i) the amount of the payment and the purpose for which it was made; and\n- (ii) the date the payment was approved by a member of the management committee or an employee of the organisation; and\n- (iii) the designation within the reporting unit of the person who approved the payment; and\n- (i) a description of each fund or account to which the money was transferred and the amount transferred to each fund or account; and\n- (ii) the date the approval of the transfer was given; and\n- (iii) the designation within the reporting unit of the entity who approved the transfer; and\n- (i) the closing balance of the fund; and\n- (ii) if any part of the fund was invested in assets during the financial year—the amount invested and a description of the assets; and","sortOrder":239},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Hospital and Health Services","content":"# Hospital and Health Services","sortOrder":240},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"Local governments","content":"# Local governments","sortOrder":241},{"sectionNumber":"sch.5-pt.3","sectionType":"part","heading":"Other employers","content":"# Other employers","sortOrder":242}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"This regulation primarily consolidates and operationalises procedures already contemplated by the Industrial Relations Act and the earlier repealed regulations. It replaces prior subordinate instruments (see s149) and supplies detailed procedural, documentary and timing requirements for processes the Act authorises (elections, ballots, amalgamations/withdrawals, reporting). While it adds detail (for example, specific affidavit content, model election rules and precise ballot mechanics) and revokes one earlier declaration (s147A), it does not materially broaden the statutory purposes or add new policy areas beyond the Act’s scope. The main change is greater procedural specification and consolidation rather than an expansion of substantive scope."},"complexity_factors":["Extensive length and coverage — many Parts and Sections spanning preamble, employment standards, collective bargaining, protections, elections, amalgamations/withdrawals, financial reporting, declarations, repeal and transition (large instrument).","High number of cross‑references to the Industrial Relations Act (e.g. s123, s198, s237, s297, s551, s616, s642, s669, s740, s757, s778, s785, s787, s955, etc.), requiring reading across instruments.","Multiple schedules, in particular schedule 2 (model election rules) and schedule 4 (reporting unit disclosures) that are themselves detailed procedural rule sets.","Many defined terms and local definitions (dictionary at s3 and schedules) used throughout — creates interpretive dependencies.","Numerous tightly framed time limits and filing periods (7, 14, 21, 28, 30, 35, 60 days, and others) with different triggers (filing, publication, notice given) increasing conditional logic.","Nested exceptions and conditional branches (for example, ballot approvals differ where community of interest declaration exists; alternative ballots; exemptions based on federal ballots) — multiple paths through the procedure.","Detailed procedural steps for ballots and counting (initial scrutiny, validation of declarations, marking of ballot numbers, handling spoilt/duplicate ballots) — many micro‑rules that must be followed exactly.","Discretionary powers for commission/registrar/manager with conditions and follow‑up orders (amend schemes, accept undertakings, make interim orders, order fresh ballots) — complexity in administrative law interaction.","Transitional provisions and repeal/saving clauses that carry over or revoke prior declarations (ss149–154, s147A), requiring historical comparison.","Multiple penalty provisions and enforcement mechanisms (various penalty unit amounts) adding legal risk and conditional enforcement steps."],"plain_english_summary":"**What this regulation does (mechanically)\n\n- Provides detailed rules and procedures that implement and flesh out many provisions of the Industrial Relations Act (Queensland). It does not rewrite the Act; it prescribes forms, time limits, contents of affidavits and notices, and step-by-step processes the Act leaves to subordinate instrument. Key operational areas covered include:\n  - Continuous service and absences (what breaks or does not break an employee's continuous service) (see s4).\n  - How to calculate an assumed weekly rate for commission or piece‑rate employees for dismissal compensation (see s5).\n  - Information and affidavit content required when lodging proposed bargaining instruments (collective bargaining) (see s6).\n  - Purposes counted as legitimate during protected industrial action (examples such as superannuation, seniority, leave entitlements) (see s7).\n  - What counts as a prescribed short illness or injury and the documentary proof required (see s8).\n  - Application and identity requirements for authorised industrial officers (photo and specimen signatures) (see s9).\n  - Recoveries for overpaid wages and specified health overpayments set as fractions of pay (see ss10–11).\n  - Rules about fees private employment agents must disclose and permitted percentages/allowances (see ss12–14).\n  - Detailed court/tribunal filing, service and publication procedures and timelines for many kinds of applications under chapter 12 of the Act (registration, name/eligibility rule changes, exemptions, deregistration) (see pts 8 and 11 generally).\n  - Comprehensive, procedural rules for organisation elections and ballots, including model election rules, manager powers, ballot material, postal voting rules, scrutineers’ rights, counting and record keeping (schedules and Parts 11–13; see especially schedule 2 and ss32–39, 91–116 and sch.2).\n  - Full procedure for proposed amalgamations and withdrawals of organisations: who may apply, required contents of schemes and outlines, publication, objections, hearings, ballot conduct, roll preparation, scrutineers, counting, inquiries into irregularities, orders where irregularities found, fixing amalgamation/withdrawal days and the legal effect of amalgamation/withdrawal on instruments and proceedings (Parts 13, divs 4–15; key sections ss56–66, 78–90, 95–119, 120–144).\n  - Reporting, financial policy and concise financial report content for reporting units and procedural rules for registrar action on reporting units (ss40–47 and schedule 4).\n  - Declarations identifying particular state employers as not being national system (Fair Work Act) employers — listed in schedule 5 (see ss145–147 and revocation at s147A).\n  - Repeal of prior regulations and saving/transitional provisions to carry over existing actions, model rules adoption and declarations (ss149–154).\n\n**Who is affected**\n\n- Employees: rules on continuous service and what absences count affect entitlements tied to length of service; rules about temporary illness or injury set documentary requirements (ss4, 8).\n- Employers: prescription of recovery rates for overpayments, documentary and notice obligations, and procedural duties when involved in bargaining instruments, elections, amalgamations and withdrawals (multiple sections). Certain named Queensland public employers are declared outside the Commonwealth national system (pt 14), which affects which industrial law applies to them.\n- Registered organisations, branches and their members: heavy effect — registration, rule changes, elections, amalgamations/withdrawals, ballots, reporting obligations and financial policy requirements are extensively regulated (Parts 8–13, 40–47, schedule 4, schedule 2).\n- Industrial tribunal / registrar / electoral commission / ballot managers: must follow the procedures and have specified powers and duties (many procedural and discretionary powers, e.g. ss41–43, 59, 80–90, 89–106, 120–129).\n\n**Why it matters (practical consequences and implementation mechanics)\n\n- It converts high‑level Act obligations into exact operational steps. That reduces uncertainty about process but imposes specific compliance tasks (forms, affidavits, timelines, notices, publications, ballot security and recordkeeping). Examples: proposed bargaining instruments must be accompanied by a prescribed affidavit with demographic, negotiation and no‑disadvantage test statements (s6); a ‘yes’ case and a ‘no’ case for amalgamation ballots have word limits and filing times (ss68–69).\n\n- Who pays and who decides:\n  - Organisations and employers pay most administrative costs for compliance (preparing affidavits, notices, publication, running elections or paying electoral commission fees). Sections on ballots require managers to post materials and run postal ballots (ss94–106, 98–100). Organisations must provide documents to managers (sch.2 s10, s14).\n  - The commission and registrar decide many contested procedural questions (e.g. whether to allow scheme amendments, whether to permit alternative ballots, to give ballot exemptions, and to fix amalgamation/withdrawal days) — see ss59, 64, 66, 80–86, 135. The commission has broad discretion to impose conditions and make orders if conditions are breached (see ss59, 80, 83).\n  - The State may pay costs for a fresh ballot ordered after an inquiry (s133).\n\n- Compliance burden and risk:\n  - Heavy paperwork and time‑sensitive steps — multiple short timeframes (7, 14, 21, 28, 30, 35, 60 days and others) for serving notices, filing objections/responses or posting ballot materials (e.g. ss16, 17, 25–27, 41–43, 97–99, 107–108). Sections specify precise forms and that many documents must follow rules under s551 of the Act.\n  - Administrative discretion: the commission/registrar/manager may correct or require amendments, and may impose conditions; that centralises decision power and creates implementation risk if directions are inconsistently applied (see ss59, 80–83, 88, 124).\n  - Penalties: some procedural non‑compliance or obstructive conduct attract monetary penalties expressed in penalty units (e.g. ss37, 38, 39, 106, 111, 112, 130–131), adding legal risk for individuals and organisations.\n\n**Trade‑offs, incentives and likely effects on behaviour (mechanisms, not judgements)\n\n- Certainty vs administrative cost: the regulation reduces legal ambiguity by prescribing forms and steps (likely lowering dispute costs over ‘how’ to do something) but increases upfront compliance costs and managerial time for organisations and employers (e.g. affidavit contents, publication, election materials).\n\n- Centralised control and conditional flexibility: the commission’s power to permit scheme amendments or to accept undertakings (ss59, 80–83) concentrates decision authority with the regulator. That gives the commission tools to resolve borderline cases without starting over, but creates opportunities for contested interpretations and for parties to rely on regulator goodwill or conditions.\n\n- Concentrated benefits, diffuse costs: management committees and organisers of amalgamations gain procedural routes (e.g. management‑committee resolution can approve schemes — s56), a concentrated benefit. Costs — publication, ballots, and administration — fall diffusely on members and organisations.\n\n- Substitution and jurisdictional effects: declarations identifying certain employers as not national system employers (ss145–147) change which industrial law applies to those employers; this shifts regulatory jurisdiction and the set of applicable statutory rules and dispute forums for employees of those employers.\n\n**Examples of concrete compliance items and their locations**\n- Affidavit content for bargaining instruments (s6).\n- Manager must post ballot material no earlier than 2 days before start and must mark unique ballot numbers (s98 / sch.2 s14).\n- Ballot approval requirements (ballot conditions) and power to require scheme amendments or undertakings (ss80, 83).\n- Detailed election model rules in schedule 2 (s32 and sch.2).\n- Registrar/commission publication and notification duties for applications and refusals (ss17, 21, 78, 81).\n\n**Bottom line**\nThis regulation is a detailed, operational companion to the Industrial Relations Act. It prescribes exactly how many routine but high‑stakes processes must be carried out (applications, ballots, elections, amalgamations/withdrawals, reporting and recordkeeping). The mechanical effects are clear: it reduces ambiguity by imposing forms and timelines, shifts substantial administrative work and compliance cost onto organisations and employers, centralises decision‑making power with the commission/registrar/ballot managers, and specifies who pays in a limited set of circumstances (the State pays for fresh ballots ordered after inquiry under s133)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":914},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to operate within its original intended scope as a machinery regulation under the Industrial Relations Act 2016. The extensive provisions on union amalgamations, elections, and financial transparency align with the Act's objectives of ensuring democratic union governance and accountability. No significant scope creep is evident — the detailed procedural rules are necessary to operationalise the primary legislation."},"complexity_factors":["Extensive cross-referencing to the parent Act (Industrial Relations Act 2016) with hundreds of section references","Multiple nested conditional structures — exceptions to exceptions (e.g., sec.4 on continuous service has 4 levels of conditions)","Detailed procedural requirements with specific timeframes (7 days, 14 days, 21 days, 28 days, 30 days, 35 days, 60 days)","Schedule 2 alone contains 30 sections of model election rules with intricate ballot procedures","Union amalgamation provisions (Part 13) create a labyrinth of alternative schemes, exemptions, and ballot types","Defined terms scattered across sections and schedules requiring constant cross-checking","Financial disclosure requirements in Schedule 4 with multiple thresholds ($1,000, $10,000) and conditional reporting","Interaction between state and federal industrial relations systems (references to Commonwealth Fair Work Act and Registered Organisations Act)"],"plain_english_summary":"This subordinate regulation under Queensland’s Industrial Relations Act provides the practical “how‑to” rules that make the Act work — covering employment standards, collective bargaining paperwork, protected industrial action, sick‑leave protections, union elections and amalgamations, financial disclosures, authorised officer ID, limits on wage recovery, and rules for private employment agents. It affects state‑system workers, employers, unions and agents by defining how rights and duties operate in practice (e.g., preserving continuous service during lawful strikes and imposing detailed union accountability)."}},"importantCases":[],"_links":{"self":"/api/acts/industrial-relations-regulation-2018","history":"/api/acts/industrial-relations-regulation-2018/history","analysis":"/api/acts/industrial-relations-regulation-2018/analysis","conflicts":"/api/acts/industrial-relations-regulation-2018/conflicts","importantCases":"/api/acts/industrial-relations-regulation-2018/important-cases","documents":"/api/acts/industrial-relations-regulation-2018/documents"}}