Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_100
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 100
Character Range: 147229–148441

100  Orders for ballots

 (1) The Federal Court must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the Court is satisfied that:
 (a) the application for the ballot is validly made under section 94; and
 (b) the outline under section 95 relating to the application:
 (i) is a fair and accurate representation of the proposal for withdrawal from the organisation; and
 (ii) addresses any matters prescribed for the purposes of paragraph 95(1)(b) in a fair and accurate manner; and
 (c) the proposal for withdrawal from the organisation complies with any requirements specified in the regulations.

 (2) In considering whether to order that a ballot be held, the Court may hear from:
 (a) an applicant for the ballot; and
 (b) the amalgamated organisation; and
 (c) a creditor of the amalgamated organisation; and
 (d) any other person who would be affected by the withdrawal of the constituent part from the amalgamated organisation.

 (3) If the Court orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.