Contents (2009 - 7)
Associations Incorporation Act 2009 No 7
Division 1A Committee members—offences
Note.A committee member may commit offences under this Act apart from the offences in this Division.
If an association incurs a debt while insolvent (or that causes it to become insolvent), a committee member who had reasonable grounds to suspect that the association was insolvent (or would, by incurring the debt, become insolvent) commits an offence under section 68 (1).
If a committee member knowingly authorises or permits an association to contravene a provision of this Act or the regulations, the committee member is also taken to have contravened the provision: see section 91.
31 Disclosure of interests
(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, andthe 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.(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,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, oris 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).(c) has some other specified interest relating to a specified company or other body or to a specified person,(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, oris guilty of an offence.(b) causing detriment to the association,Maximum penalty: 240 penalty units or imprisonment for 2 years, or both.
33 Dishonest use of position
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, oris guilty of an offence.(b) causing detriment to the association,Maximum penalty: 240 penalty units or imprisonment for 2 years, or both.