Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_43:p2
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 43 (pt 2/2)
Character Range: 77332–79227

interests if the Commission is satisfied that a substantial number of members of one of the organisations are:
 (a) eligible to become members of the other organisation or each of the other organisations; or
 (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or
 (c) bound by the same awards as members of the other organisation or each of the other organisations; or
 (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.

 (7) Subsections (5) and (6) do not limit by implication the circumstances in which the Commission may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.

Circumstances in which declaration ceases to be in force

 (8) If:
 (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and
 (b) a declaration is made under this section in relation to the amalgamation; and
 (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;
the declaration ceases to be in force.

 (9) The Commission may revoke a declaration under this section if the Commission is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.

 (10) However, before the Commission revokes the declaration, it must:
 (a) give reasonable notice of its intention to revoke to each of the organisations that applied for the declaration; and
 (b) give each of those organisations an opportunity to be heard.