Contents (2009 - 7)
Associations Incorporation Act 2009 No 7
Division 2 Public officer and authorised signatories
34 Public officer
(1) An association’s committee must appoint a public officer.Maximum penalty: 1 penalty unit.(2) The public officer must be a person who is aged 18 years or more and is ordinarily resident in New South Wales.Note.An association’s registration is liable to be cancelled if its public officer does not comply with this subsection.(3) The position of public officer may, but need not be, held by a committee member.(4) The public officer’s acts are valid despite any defect in his or her appointment.(5) The first public officer of an association is the person nominated as public officer in the application for registration of the association.(6) Within 28 days after taking office as an association’s public officer (other than its first public officer), a person must notify the Secretary, in the approved form, of:(a) the person’s full name and date of birth, and(b) an address within New South Wales:(i) at which the person can generally be found, and(ii) at which documents can be served on the association by post, and(c) the fact that the person has taken office as public officer.Maximum penalty: 1 penalty unit.(7) If there is any change in the address of the public officer of an association, the public officer must notify the Secretary, in the approved form, of the new address within 28 days after the change occurs.Maximum penalty: 1 penalty unit.
35 Vacation of office of public officer
(1) An association’s public officer vacates office in the following circumstances:(a) if he or she dies,(b) if he or she resigns the office in writing addressed to the association’s committee,(c) if he or she is removed from office by resolution of a general meeting of the association,(d) if he or she becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,(e) if he or she becomes a mentally incapacitated person,(f) if he or she ceases to ordinarily reside in New South Wales,(g) in such other circumstances as the constitution of the association may provide.(2) Within 14 days after vacating office, a former public officer of an association must ensure that all documents in his or her possession that belong to the association are delivered to a committee member of the association.Maximum penalty: 1 penalty unit.(3) An association’s committee must fill any vacancy in the office of public officer within 28 days after the vacancy arises.Maximum penalty: 1 penalty unit.
36 Authorised signatories
(1) An association’s public officer is, by virtue of that office, an authorised signatory for the association.(2) An association’s committee may from time to time appoint additional authorised signatories from among such of its members as are ordinarily resident in Australia, and may at any time revoke any such appointment.(3) A person (other than the association’s public officer) vacates office as an association’s authorised signatory if:(a) his or her appointment as an authorised signatory is revoked, or(b) he or she ceases to be a committee member, or(c) he or she ceases to be ordinarily resident in Australia.