Division 128 Committee to be established
(1) An association must establish a committee to manage its affairs.Note. An association’s registration is liable to be cancelled if it does not comply with this subsection.(2) The committee must include 3 or more members, each of whom is aged 18 years or more and at least 3 of whom are ordinarily resident in Australia.Note. An association’s registration is liable to be cancelled if its committee does not comply with this subsection.(3) The committee may exercise such of the association’s powers as are not required by this Act or its constitution to be exercised by the association in general meeting.(4) A committee member’s acts are valid despite any defect in his or her appointment.(5) Within 14 days after vacating office, a former committee member of an association must ensure that all documents in his or her possession that belong to the association are delivered to the public officer for delivery to his or her successor.Maximum penalty: 1 penalty unit.
29 Register of committee members
(1) An association must keep a register of committee members in accordance with this section.Maximum penalty: 1 penalty unit.
(2) The register must contain the following particulars in relation to each committee member:(a) the committee member’s name, date of birth and residential address,(b) the date on which the committee member takes office,(c) the date on which the committee member vacates office,(d) such other particulars as may be prescribed by the regulations.(3) The register must be kept in New South Wales:(a) at the main premises of the association, or(b) if the association has no premises, at the association’s official address.(4) Any change in the committee’s membership must be recorded in the register within one month after the change occurs.(5) The register must, at all reasonable hours, be kept available for inspection, free of charge, by any person.
(1) An association’s committee meetings may be held as and when the association’s constitution requires.(2) If the association’s constitution so provides, a committee meeting may be held at 2 or more venues using any technology that gives each of the committee members a reasonable opportunity to participate.(3) In any legal proceedings, a committee meeting held in accordance with subsection (2), or part of such a meeting, is not to be declared invalid on the ground that one or more committee members did not have a reasonable opportunity to participate unless the court is satisfied that:(a) substantial injustice has been, or may be, caused, and(b) the injustice cannot be remedied by any other order available to the court.
(1) If:(a) a committee member has a direct or indirect interest in a matter being considered or about to be considered at a committee meeting, and(b) the interest appears to raise a conflict with the proper performance of the committee member’s duties in relation to the consideration of the matter,the committee member must, as soon as possible after the relevant facts have come to the committee member’s knowledge, disclose the nature of the interest at a committee meeting.Maximum penalty: 60 penalty units.
(2) A disclosure by a committee member at a committee meeting that the committee member:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person that may arise after the date of the disclosure and that is required to be disclosed under subsection (1).(3) Particulars of any disclosure made under this section must be recorded by the committee in a book kept for that purpose and that book must be open at all reasonable hours to inspection by any member of the association on payment of the fee determined by the committee (but not exceeding the maximum fee prescribed by the regulations).(4) The book must be kept at the same address as the register of committee members.(5) After a committee member has disclosed the nature of an interest in any matter, the committee member must not, unless the committee otherwise determines:(a) be present during any deliberation of the committee with respect to the matter, or(b) take part in any decision of the committee with respect to the matter.(6) For the purposes of the making of a determination by the committee under subsection (5), a committee member who has a direct or indirect interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the committee for the purpose of making the determination, or(b) take part in the making by the committee of the determination.(7) A contravention of this section does not invalidate any decision of the committee.
32 Dishonest use of information
A committee member or former committee member of an association who uses information obtained as a committee member dishonestly with the intention directly or indirectly of:(a) gaining an advantage for himself or herself or for any other person, or(b) causing detriment to the association,is guilty of an offence.Maximum penalty: 240 penalty units or imprisonment for 2 years, or both.
A committee member of an association who uses his or her position as a committee member dishonestly with the intention of directly or indirectly:(a) gaining an advantage for himself or herself or for any other person, or(b) causing detriment to the association,is guilty of an offence.Maximum penalty: 240 penalty units or imprisonment for 2 years, or both.