Document ID: chunk:federal_register_of_legislation:C2024C00345:section:95
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 95
Character Range: 184346–186216

95  Outline of proposed withdrawal
 (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:
 (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and
 (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and
 (c) address such other matters as are prescribed.
 (2) The outline may, if the FWC allows, consist of more than 3,000 words.
 (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.
 (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:
 (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; 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 of the outline.
 (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.
 (3C) The amalgamated organisation must comply with a direction of the General Manager under subsection (3B).
Civil penalty: 100 penalty units.
 (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.