38Minutes

38 Minutes (1) An incorporated association must: (a) ensure minutes of all proceedings of general meetings and of meetings of the committee are entered in books kept for that purpose; and (b) ensure the minutes are: (i) confirmed by the members of the association present at a subsequent meeting; and (ii) signed by a member who presided at the meeting at which the proceeding took place or by the member presiding at the meeting at which the minutes are confirmed. (2) A minute that is entered, confirmed and signed in accordance with subsection (1) is, in the absence of proof to the contrary, to be accepted as proof of the proceedings to which the minute relates. (3) If minutes have been entered, confirmed and signed in accordance with subsection (1), in the absence of proof to the contrary, it is taken that: (a) the meeting to which the minutes relate was held; and Associations Act 2003 27 (b) the proceedings that are recorded in the minutes as having occurred during the meeting occurred; and (c) all appointments of officers or auditors that are recorded in the minutes as having been made at the meeting were validly made. (4) The books containing the minutes of proceedings of a general meeting or of a meeting of the committee of an incorporated association must be kept: (a) by the association at the place at which the association is situated or established; or (b) in the custody of an officer of the association in accordance with its constitution or a resolution of the committee of the (5) The books containing the minutes of proceedings of general meetings of an incorporated association must be made available for inspection by a member without charge. (6) The books containing the minutes of proceedings of committee meetings of an incorporated association must be made available for inspection by an officer without charge. (7) If subsection (4), (5) or (6) is not complied with, the association and each officer of the association who failed to comply with the subsection are guilty of an offence.