sec.48Application to register amendment of rules

### sec.48 Application to register amendment of rules An incorporated association may, by special resolution, decide to amend its rules. An amendment under subsection (1) may include the replacement of the association’s rules with the model rules. An incorporated association may apply to the chief executive to have the amendment registered. Within 3 months after the special resolution mentioned in subsection (1) is passed, the association must give the application to the chief executive. Maximum penalty—1 penalty unit. The application must be in the approved form and be accompanied by the information, documents and fees required under the regulations. The application must also be accompanied by— a copy of the amendment or the complete rules with the amendment clearly shown; and a statutory declaration by the association’s secretary stating— the amendment complies with this Act; and whether the effect of the amendment is to give the incorporated association an industrial purpose. Subsection (6) does not apply to an amendment mentioned in subsection (2) . After considering the association’s application, the chief executive must grant or refuse the application. However, the chief executive must refuse the application if the industrial registrar gives the chief executive a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application. Within 14 days after granting or refusing the association’s application, the chief executive must give written notice of the decision to the association. If the application is refused, the notice to the association must include the chief executive’s reasons for the decision. The amendment does not take effect if it is not registered by the chief executive under section 49 . s 48 ins 1995 No. 7 s 6 amd 1996 No. 56 s 13 ; 2000 No. 24 s 4 ; 2003 No. 19 s 3 sch ; 2020 No. 17 s 17 ; 2022 No. 27 s 78 (sec.48-ssec.1) An incorporated association may, by special resolution, decide to amend its rules. (sec.48-ssec.2) An amendment under subsection (1) may include the replacement of the association’s rules with the model rules. (sec.48-ssec.3) An incorporated association may apply to the chief executive to have the amendment registered. (sec.48-ssec.4) Within 3 months after the special resolution mentioned in subsection (1) is passed, the association must give the application to the chief executive. Maximum penalty—1 penalty unit. (sec.48-ssec.5) The application must be in the approved form and be accompanied by the information, documents and fees required under the regulations. (sec.48-ssec.6) The application must also be accompanied by— a copy of the amendment or the complete rules with the amendment clearly shown; and a statutory declaration by the association’s secretary stating— the amendment complies with this Act; and whether the effect of the amendment is to give the incorporated association an industrial purpose. (sec.48-ssec.7) Subsection (6) does not apply to an amendment mentioned in subsection (2) . (sec.48-ssec.8) After considering the association’s application, the chief executive must grant or refuse the application. (sec.48-ssec.9) However, the chief executive must refuse the application if the industrial registrar gives the chief executive a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application. (sec.48-ssec.10) Within 14 days after granting or refusing the association’s application, the chief executive must give written notice of the decision to the association. (sec.48-ssec.11) If the application is refused, the notice to the association must include the chief executive’s reasons for the decision. (sec.48-ssec.12) The amendment does not take effect if it is not registered by the chief executive under section 49 . - (a) a copy of the amendment or the complete rules with the amendment clearly shown; and - (b) a statutory declaration by the association’s secretary stating— (i) the amendment complies with this Act; and (ii) whether the effect of the amendment is to give the incorporated association an industrial purpose. - (i) the amendment complies with this Act; and - (ii) whether the effect of the amendment is to give the incorporated association an industrial purpose. - (i) the amendment complies with this Act; and - (ii) whether the effect of the amendment is to give the incorporated association an industrial purpose.