Application to submit proposed withdrawal to a ballot
62 Application to submit proposed withdrawal to a ballot
An application may be made to the commission for a withdrawal ballot.
However, an application may not be made if—
it is more than 2 years after the amalgamation happened; or
in the year immediately before it is intended to make the application, the commission rejected an application for a withdrawal ballot to be held for the constituent part of the organisation seeking withdrawal; or
an application for a withdrawal ballot has previously been made and granted and the subsequent ballot did not approve the withdrawal.
The application may be made by—
the lesser of—
the number equal to 5% of the constituent members on the day the application is filed; or
2,000 constituent members; or
the management committee of a constituent part.
An application may be made only if the constituent part has given the constituent members notice of the making of the application.
The notice must be given—
personally; or
by post, addressed to the constituent member’s residential address; or
in a publication the amalgamated organisation or constituent part gives the constituent members free of charge.
The application must state a person (the representative constituent member) to be the applicant’s representative for the ballot—
to receive documents on the applicant’s behalf; and
for other purposes under this part.
The application must be accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with.
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