Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_35:p2
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 35 (pt 2/2)
Character Range: 64384–67042

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 favour of, a de‑registered organisation; or
 (c) in which a reference is made to a de‑registered organisation; or
 (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.

interest:
 (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and
 (b) in relation to land—means:
 (i) a legal or equitable estate or interest in the land; or
 (ii) a right, power or privilege over, or in relation to, the land.

invalidity includes a defect.

irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.

liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).

proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.

proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.

proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.

proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:
 (a) an organisation is, or 2 or more organisations are, to be de‑registered under this Part; and
 (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).

proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.

proposed principal amalgamation, in relation to a proposed amalgamation, means:
 (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or
 (b) in any other case—the proposed amalgamation.