Document ID: chunk:federal_register_of_legislation:C2020A00131:clause:1_95a:p1
Version: federal_register_of_legislation:C2020A00131
Segment Type: clause
Provision Reference: sch 1 cl 95A (pt 1/2)
Character Range: 7134–9964

95A  Proposed names and rules
 (1) The application must also be accompanied by:
 (a) a statement of the name, and a copy of the rules, proposed for the organisation (the new organisation) that the constituent part is to be registered as when the withdrawal from amalgamation takes effect; and
 (b) a statement of the name, and a copy of the alterations of the rules, proposed for the amalgamated organisation when the withdrawal from amalgamation takes effect.
 (2) The name proposed for the new organisation must not be the same as the amalgamated organisation, or so similar to the name of the amalgamated organisation or any other organisation as to be likely to cause confusion.
 (3) The name proposed for the amalgamated organisation must reflect the withdrawal of the constituent part.
 (4) The eligibility rules of the new organisation:
 (a) must, as far as practical, reflect the application of the eligibility rules of the amalgamated organisation in relation to the constituent part immediately before the application was made; and
 (b) must not have the effect of making a class of individuals eligible for membership of the new organisation if that class would not have been eligible for membership of the constituent part immediately before the application was made.
 (5) The eligibility rules of the amalgamated organisation as proposed to be altered must, as far as practical, avoid an overlap with the eligibility rules of the new organisation.
 (6) Whether eligibility rules have the effect required by subsections (4) and (5) may be determined by examining the organisational and administrative arrangements for the amalgamated organisation before the application was made.
 (7) If the applicant has insufficient information to prepare the statement and alterations mentioned in paragraph (1)(b), the applicant may request the General Manager or the Commissioner to:
 (a) give the applicant all information in the possession of the General Manager or the Commissioner, as the case requires, that may be relevant in the preparation; or
 (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation.
 (8) The General Manager or the Commissioner may provide that information, or direct the amalgamated organisation to provide that information.
 (9) The amalgamated organisation must comply with a direction of the General Manager or the Commissioner under subsection (8).
Civil penalty: 100 penalty units.
 (10) The FWC may allow statements of name, or rules or alterations of rules, to be amended by whoever filed them with the FWC.
 (11) If the FWC is not satisfied that a proposed name complies with subsection (2) or (3), or that proposed rules or alterations of rules comply with subsection (4) or (5), the FWC must