Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_111:p1
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 111 (pt 1/2)
Character Range: 162457–165263

111  Choice of organisation following withdrawal of separately identifiable constituent part

 (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.

 (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the amalgamated organisation must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a member of the amalgamated organisation attached to the constituent part.

 (3) The statement must:
 (a) inform the person of the withdrawal from amalgamation of the constituent part; and
 (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:
 (i) the person wants to remain a member of the amalgamated organisation; or
 (ii) the person wants to become a member of the newly registered organisation; and
 (c) explain the effect of responding, or failing to respond, to the invitation.

 (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.

 (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.

 (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that he or she wants to become a member of the newly registered organisation, he or she:
 (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and
 (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a).

 (7) If a person referred to in subsection (2):
 (a) gives written notice in accordance with paragraph (3)(b) within the notice period that he or she wants to remain a member of the amalgamated organisation; or
 (b) fails to give written notice in accordance with paragraph (3)(b) within the notice period;
he or she remains a member of the amalgamated organisation.

 (8) A person who ceases to be a member of the amalgamated organisation because of the operation of subsection (6):
 (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation;