Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_57:p2
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 57 (pt 2/2)
Character Range: 96395–98661

make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and
 (c) may be given subject to conditions.

 (5) A permission under subparagraph (3)(a)(ii):
 (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and
 (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and
 (c) may be given subject to conditions.

Powers of Commission if conditions or undertakings breached

 (6) If:
 (a) the Commission:
 (i) gives a permission under paragraph (3)(a) subject to conditions; or
 (ii) accepts an undertaking under paragraph (3)(b); and
 (b) the conditions are breached or the undertaking is not fulfilled within the period allowed by the Commission;
the Commission may:
 (c) amend the scheme for the amalgamation, including:
 (i) the rules of any association proposed to be registered as an organisation in relation to the amalgamation; or
 (ii) any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or
 (d) give directions and orders:
 (i) in relation to the conduct of the ballot for the amalgamation; or
 (ii) otherwise in relation to the procedure to be followed in relation to the amalgamation.

 (7) Subsection (6) does not limit by implication the powers that the Commission has apart from that subsection.

Powers of Commission to adjourn proceeding

 (8) If, apart from this subsection, the Commission would be required to refuse to approve the submission of the amalgamation to ballot, the Commission may adjourn the proceeding.

 (9) Subsection (8) does not limit by implication the power of the Commission to adjourn the proceeding at any stage.