Document ID: chunk:federal_register_of_legislation:C2024C00345:section:64
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 64
Character Range: 148046–149561

64  Approval for ballot not conducted under section 65
  If:
 (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and
 (b) the proposal provides for:
 (i) the ballot to be by secret ballot of the members of the organisation; and
 (ii) the ballot to be held at duly constituted meetings of the members; and
 (iii) the ballot to be conducted by the AEC; and
 (iv) the members to be given at least 21 days' notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and
 (v) the distribution or publication of:
 (A) the outline of the scheme for the amalgamation; and
 (B) the statements mentioned in subsections 60(1) and (2); and
 (vi) absent voting; and
 (vii) the ballot to be otherwise conducted in accordance with the regulations; and
 (c) the FWC is satisfied, after consulting with the Electoral Commissioner:
 (i) that the proposal is practicable; and
 (ii) that approval of the proposal is likely:
 (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and
 (B) to give the members of the organisation an adequate opportunity to vote on the amalgamation without intimidation;
the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.