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Contents (2009 - 7)
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Associations Incorporation Act 2009 No 7
Current version for 7 July 2017 to date (accessed 23 August 2017 at 06:21)
Part 4 Division 3
Division 3 General
37   General meetings
(1)  An association’s committee must ensure that the association’s first annual general meeting is held within 18 months after its registration under this Act.
Maximum penalty: 1 penalty unit.
(2)  An association’s committee must ensure that annual general meetings are held:
(a)  within 6 months after the close of the association’s financial year, or
(b)  within such further time as may be allowed by the Secretary or prescribed by the regulations.
Maximum penalty: 1 penalty unit.
(3)  If the association’s constitution so provides, a general meeting may be held at 2 or more venues using any technology that gives each of the association’s members a reasonable opportunity to participate.
(4)  In any legal proceedings, a general meeting held in accordance with subsection (3), or part of such a meeting, is not to be declared invalid on the ground that one or more of the association’s 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.
38   Voting generally
(1)  A resolution is passed by an association as an ordinary resolution:
(a)  at a general meeting of the association, or
(b)  in a postal or electronic ballot conducted by the association,
if it is supported by more than half of the votes cast by members of the association who, under the association’s constitution, are entitled to vote on the proposed resolution.
(2)  A postal or electronic ballot referred to in subsection (1) (b) may only be conducted in relation to resolutions of a kind that the association’s constitution permits to be voted on by means of a postal or electronic ballot and, if conducted, must be conducted in accordance with the regulations.
39   Voting on special resolutions
(1)  A resolution is passed by an association as a special resolution:
(a)  at a meeting of the association of which notice has been given to its members no later than 21 days before the date on which the meeting is held, or
(b)  in a postal or electronic ballot conducted by the association, or
(c)  in such other manner as the Secretary may direct,
if it is supported by at least three-quarters of the votes cast by members of the association who, under the association’s constitution, are entitled to vote on the proposed resolution.
(2)  A notice referred to in subsection (1) (a) must include the terms of the resolution and a statement to the effect that the resolution is intended to be passed as a special resolution.
(3)  A postal or electronic ballot referred to in subsection (1) (b) may only be conducted in relation to resolutions of a kind that the association’s constitution permits to be voted on by means of a postal or electronic ballot and, if conducted, must be conducted in accordance with the regulations.
(4)  A direction under subsection (1) (c) may not be given unless the Secretary is satisfied that, in the circumstances, it is impracticable to require votes to be cast in the manner provided by subsection (1) (a) or (b).
40   Association not to provide pecuniary gain for its members
(1)  An association must not conduct its affairs (including its affairs as trustee of any trust) so as to provide pecuniary gain for its members.
Maximum penalty: 60 penalty units.
(2)  Subsection (1) does not affect the association’s civil liability to any person as a result of it having provided pecuniary gain for its members.
41   Where name must appear
(1)  An association must not issue any letter, statement, invoice, notice, publication, order for goods or services or receipt in connection with its activities unless the association’s name appears in legible characters on the document.
Maximum penalty: 1 penalty unit.
(2)    (Repealed)