Exemption if federal election held
802 Exemption if federal election held
An organisation, or 2 or more organisations jointly, may apply to the registrar for an exemption from holding an election for a stated office or offices of the organisation or organisations (stated office).
The registrar may grant the exemption only if satisfied as follows—
the applicant has a counterpart federal body;
the counterpart federal body has held an election (the federal election) for an office (the federal office) under the Commonwealth Registered Organisations Act;
the applicant’s rules provide the stated office is a corresponding office to the federal office;
the stated office will be filled by a person (the elected person) elected in the federal election to the federal office;
if the eligibility rules of the applicant and the counterpart federal body differ—the interests of the applicant’s members who were ineligible to vote in the federal election have not been disadvantaged.
If the exemption is granted—
the elected person is taken to have been elected to the stated office; and
the applicant’s rules for the election of the elected person to the stated office are taken to be complied with; and
section 629 does not apply to the rules for the election.
In this section—
corresponding office, to a federal office, means an office, however described, similar to the federal office.
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