Document ID: chunk:federal_register_of_legislation:F2024L01056:reg:3
Version: federal_register_of_legislation:F2024L01056
Segment Type: reg
Provision Reference: reg 3
Character Range: 7462–10293

3  Declaration that offices are vacant
 (1) On the appointment of the Administrator pursuant to subsection 323C(1) of the FWRO Act:
 (a) all offices in the Administered Division and Administered Divisional Branches identified in Annexure B, including the offices of members of the Divisional Executive, Divisional Conference, Divisional Trustees, Divisional Branch Committee of Management, Divisional Branch Council and Divisional Branch Trustees, are vacated and will remain vacated for the duration of the administration.
 (b) to the extent that any person is an employee or paid official of the CFMEU by reason of that person holding an office vacated as a result of subclause (3)(1)(a), that employment or paid position is terminated with effect from the date of commencement of the Administration by operation of this Scheme.
 (c) subclause (3)(1)(a) does not affect the continued employment of a person (including organisers) who is not employed or a paid official by reason of that person holding an office vacated as a result of subclause (3)(1)(a).
 (d) during the period of the administration as it relates to each Administered Divisional Branch respectively, the Divisional Branch Council of that Administered Divisional Branch must not meet or exercise any powers under the National Rules or the Divisional Rules.
 (e) during the period of the administration as it relates to the Administered Division, the Divisional Conference of the Administered Division must not meet or exercise any powers under the National Rules or the Divisional Rules.
 (f) during the period of administration as it relates to the Administered Division and each Administered Divisional Branch, the holder(s) of any office within the Administered Division and Administered Divisional Branches not declared vacant under subclause (3)(1)(a) shall be temporarily divested of each of their powers under the National Rules and the Divisional Rules while the administration is continuing in respect of that part of the CFMEU or until otherwise agreed by the Administrator.
 (2) For the avoidance of doubt, the offices identified at Annexure C are not vacated by this Scheme.
 (3) Notwithstanding anything in this Scheme, the National Rules, and/or the Divisional Rules of the CFMEU, the positions of the National Secretary and the Divisional Secretary of the Administered Division are not vacated by this Scheme
 (4) As soon as reasonably practicable, the Administrator will write to vacated officer-holders listed in Annexure B to inform them of the vacation of their office and their obligations under this Scheme.
 (5) As soon as reasonably practicable, the Administrator will write to persons whose offices listed in Annexure C are not vacated in accordance with subclause (3)(1)(a) and notify them of the effect of this Scheme on their office.