Document ID: chunk:federal_register_of_legislation:C2024C00345:section:35:p1
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 35 (pt 1/2)
Character Range: 102383–105254

35  Definitions
  In this Part:
alternative provision means a provision of the kind mentioned in subsection 41(1).
amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).
amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.
asset means property of any kind, and includes:
 (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and
 (b) any chose in action; and
 (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).
authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.
charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).
closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.
commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.
completed amalgamation means a proposed amalgamation that has taken effect.
debenture has the same meaning as in section 9 of the Corporations Act 2001.
defect includes a nullity, omission, error or irregularity.
de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.
de‑registration, in relation to an organisation, means the cancellation of its registration.
holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.
instrument means an instrument of any kind, and includes:
 (a) any contract, deed, undertaking or agreement; and
 (b) any mandate, instruction, notice, authority or order; and
 (c) any lease, licence, transfer, conveyance or other assurance; and
 (d) any guarantee, bond, power of attorney, bill of lading, negotiable instrument or order for the payment of money; and
 (e) any mortgage, charge, lien or security;
whether express or implied and whether made or given orally or in writing.
instrument to which this Part applies, in relation to a completed amalgamation, means an instrument:
 (a) to which a de‑registered organisation is a party; or
 (b) that was given to, by, or in