Industrial Relations Regulation 2018
sec.59Amending schemes
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sec.59 Amending schemes
The commission may, before a ballot for a proposed amalgamation starts, permit the existing organisations for the amalgamation to amend the amalgamation scheme. The commission may, before a ballot for a proposed withdrawal starts, permit a constituent part to amend the withdrawal scheme. 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. 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. Subsection (4) does not limit the commission’s other powers. If a scheme is amended, whether under this section or otherwise, the scheme outline must be amended to reflect the amendment. (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. (sec.59-ssec.2) The commission may, before a ballot for a proposed withdrawal starts, permit a constituent part to amend the withdrawal scheme. (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. (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. (sec.59-ssec.5) Subsection (4) does not limit the commission’s other powers. (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.