Alteration and amendment of scheme
61 Alteration and amendment of scheme
Permission to alter amalgamation scheme
The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:
the rules of any association proposed to be registered as an organisation in relation to the amalgamation; or
any proposed alterations of the rules of the existing organisations concerned in the amalgamation.
Permission relating to rules of new organisations
A permission under paragraph (1)(a):
may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and
may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and
may be given subject to conditions.
Permission relating to rules of existing organisations
A permission under paragraph (1)(b):
may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and
may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and
may be given subject to conditions.
Powers of the FWC if conditions breached
If:
the FWC gives a permission under subsection (1) subject to conditions; and
the conditions are breached;
the FWC may:
amend the scheme for the amalgamation, including:
the rules of any association proposed to be registered as an organisation in relation to the amalgamation; or
any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or
give directions and orders:
in relation to the conduct of the ballot for the amalgamation; or
otherwise in relation to the procedure to be followed in relation to the amalgamation.
Subsection (4) does not limit by implication the powers that the FWC has apart from that subsection.
Outline of scheme must change if scheme changes
If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.
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