Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where 2 or more
organisations (in this section referred to as the amalgamating organisations)
apply for the registration of a new organisation and the rules of the proposed
new organisation are such that the only persons eligible for membership of the
new organisation will be persons who, if the amalgamating organisations had
remained in being, would have been eligible for membership of at least one of
the amalgamating organisations, the new organisation may be registered by
authority of the Full Bench.
(2) An application
under this section shall be made under the respective seals of the
amalgamating organisations and shall be signed by the secretary and principal
executive officer of each of those organisations.
(3) The provisions of
this Division applying to and in relation to the registration of organisations
under section 53(1) or 54(1), other than section 55(5), shall apply
with such modifications as are necessary, to and in relation to the
registration of an organisation under this section.
(4)
Subsection (1) does not prevent the alteration, pursuant to this Act, at
any time after an organisation has been registered under this section, of the
rules referred to in that subsection.
(5) On and from the
date on which an organisation is registered under this
section —
(a) the
registration of each of the amalgamating organisations is cancelled;
(b) all
the property, rights, duties, and obligations whatever held by, vested in, or
imposed on each of those organisations shall be held by, vested in, or imposed
on, as the case may be, the new organisation;
(c)
actions and other proceedings already commenced by or against any of those
organisations may be continued by or against the new organisation and the new
organisation is substituted for each of those organisations as a party; and
(d)
actions and other proceedings that could have been brought by or against any
of those organisations may be brought by or against the new organisation.
[Section 72 inserted by No. 94 of 1984
s. 43; amended by No. 1 of 1995 s. 53; No. 79 of 1995
s. 34.]