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Associations Act 2003
29Management committee
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29 Management committee
(1) A person is not precluded from being appointed as a member of the
committee of an incorporated association because the person is a
member of a class of persons for whose benefit the association is
established.
(2) Subject to the constitution of an incorporated association, an
employee of the association is not precluded by reason of that
employment from being appointed as a member of the committee of
the association.
30 Certain persons not to be members of committee etc.
(1) A person who is an insolvent under administration or a disqualified
person must not, without leave of the Director, be an officer of an
Associations Act 2003 22
(2) A person who has been convicted within or outside the Territory:
(a) on an indictment of an offence in connection with the
promotion, formation or management of a body corporate; or
(b) of an offence involving fraud or dishonesty punishable on
conviction by imprisonment for not less than 3 months; or
(c) of an indictable offence; or
(d) of an offence against this Act; or
(e) a prescribed offence;
must not, within 5 years after the conviction or, if the person was
sentenced to imprisonment in relation to the offence, within 5 years
after release from custody, without leave of the Director, be an
officer of an incorporated association.
(3) Subsection (2) applies even if the conviction or release from
custody occurred before the commencement of this Act.
(4) When granting leave under this section, the Director may impose
the conditions the Director considers appropriate.
(5) The Director may revoke leave granted under this section.
insolvent under administration means a person who:
(a) under the Bankruptcy Act 1966 (Cth), is a bankrupt in relation
to a bankruptcy from which the person is not discharged; or
(b) under the law of a country other than Australia, has the status
of an undischarged bankrupt;
and includes:
(c) a person who has executed a personal insolvency agreement
under Part X of the Bankruptcy Act 1966 (Cth) or the
corresponding provisions of the law of another country, in
either case if the terms of the deed have not been fully
complied with; and
(d) a person whose creditors have accepted a composition under
Part X of the Bankruptcy Act 1966 (Cth) or the corresponding
provisions of the law of a another country, in either case if a
final payment has not been made under that composition.
Associations Act 2003 23