sec.62Application to submit proposed withdrawal to a ballot

sec.62 Application to submit proposed withdrawal to a ballot

An application may be made to the commission for a withdrawal ballot. 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. 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. An application may be made only if the constituent part has given the constituent members notice of the making of the application. 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. 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. The application must be accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with. (sec.62-ssec.1) An application may be made to the commission for a withdrawal ballot. (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. (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. (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. (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. (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. (sec.62-ssec.7) The application must be accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with.