Document ID: chunk:federal_register_of_legislation:C2024C00345:section:45
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 45
Character Range: 120424–122800

45  Holding office after amalgamation
 (1) The rules of:
 (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or
 (b) an existing organisation that is the proposed amalgamated organisation under a proposed amalgamation;
may, despite section 143, make provision in relation to:
 (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and
 (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;
but the rules may not permit an office to be held under paragraph (c) or (d) for longer than:
 (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or
 (f) the period that ends 2 years after that day;
whichever ends last, without an ordinary election being held in relation to the office.
 (2) Where:
 (a) a person holds an office in an organisation, being an office held under rules made under subsection (1); and
 (b) that organisation is involved in a proposed amalgamation;
the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.
 (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.
 (4) Section 145 does not apply to an office held under rules made under subsection (1).
 (5) Section 146 applies to an office held under rules made under paragraph (1)(c).
 (6) In this section:
ordinary election means an election held under rules that comply with section 143.