Document ID: chunk:federal_register_of_legislation:C2024C00345:section:109
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 109
Character Range: 200838–203487

109  Determining the day of withdrawal
 (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:
 (a) determine the day on which the withdrawal is to take effect; and
 (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and
 (c) make such other orders as it thinks fit in connection with giving effect to the withdrawal.
 (2) In making an order under paragraph (1)(b), the Court must have regard to:
 (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and
 (b) any change in the net value of those assets or liabilities that has occurred since the amalgamation; and
 (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and
 (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and
 (e) the interests of the creditors of the amalgamated organisation.
 (3) An application to the Court under subsection (1) may be made by:
 (a) the prescribed number of constituent members; or
 (b) a person authorised to make the application by the prescribed number of constituent members; or
 (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or
 (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or
 (e) a person who is:
 (i) either a constituent member or a member of a committee of management referred to in paragraph (c) or (d); and
 (ii) authorised to make the application by a committee of management referred to in paragraph (c) or (d).
 (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).
 (5) The application must be in the prescribed form and must contain such information as is prescribed.
 (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.