sec.70CVoting on matter in which member has material personal interest

### sec.70C Voting on matter in which member has material personal interest A member of the management committee of an incorporated association who has a material personal interest in a matter being considered at a meeting of the management committee must not— be present while the matter is being considered at the meeting; or vote on the matter. Maximum penalty—60 penalty units. Subsection (1) does not apply in relation to a material personal interest— that exists only because the member belongs to a class of person for whose benefit the association is established; or that the member has in common with all, or a substantial proportion of, the members of the association. Subsection (1) does not apply if the management committee, other than the members who have a material personal interest in the matter, decide the member who has a material personal interest in the matter may— be present while the matter is being considered at the meeting; or vote on the matter. If the management committee decides under subsection (3) that a member of the committee who has a material personal interest in a matter may be present at a meeting while the matter is being considered, or may vote on the matter, the committee must ensure that— the committee’s decision is recorded in the minutes of the meeting and disclosed at the next general meeting of the association; and details of the committee’s decision are given to a member of the association, if requested by the member. Maximum penalty for each member of the management committee—4 penalty units. If there are not enough management committee members to form a quorum to consider a matter because of subsection (1) — 1 or more committee members, including the members who have a material personal interest in the matter, may call a general meeting; and the general meeting may pass a resolution to deal with the matter. s 70C ins 2020 No. 17 s 31 (sec.70C-ssec.1) A member of the management committee of an incorporated association who has a material personal interest in a matter being considered at a meeting of the management committee must not— be present while the matter is being considered at the meeting; or vote on the matter. Maximum penalty—60 penalty units. (sec.70C-ssec.2) Subsection (1) does not apply in relation to a material personal interest— that exists only because the member belongs to a class of person for whose benefit the association is established; or that the member has in common with all, or a substantial proportion of, the members of the association. (sec.70C-ssec.3) Subsection (1) does not apply if the management committee, other than the members who have a material personal interest in the matter, decide the member who has a material personal interest in the matter may— be present while the matter is being considered at the meeting; or vote on the matter. (sec.70C-ssec.4) If the management committee decides under subsection (3) that a member of the committee who has a material personal interest in a matter may be present at a meeting while the matter is being considered, or may vote on the matter, the committee must ensure that— the committee’s decision is recorded in the minutes of the meeting and disclosed at the next general meeting of the association; and details of the committee’s decision are given to a member of the association, if requested by the member. Maximum penalty for each member of the management committee—4 penalty units. (sec.70C-ssec.5) If there are not enough management committee members to form a quorum to consider a matter because of subsection (1) — 1 or more committee members, including the members who have a material personal interest in the matter, may call a general meeting; and the general meeting may pass a resolution to deal with the matter. - (a) be present while the matter is being considered at the meeting; or - (b) vote on the matter. - (a) that exists only because the member belongs to a class of person for whose benefit the association is established; or - (b) that the member has in common with all, or a substantial proportion of, the members of the association. - (a) be present while the matter is being considered at the meeting; or - (b) vote on the matter. - (a) the committee’s decision is recorded in the minutes of the meeting and disclosed at the next general meeting of the association; and - (b) details of the committee’s decision are given to a member of the association, if requested by the member. - (a) 1 or more committee members, including the members who have a material personal interest in the matter, may call a general meeting; and - (b) the general meeting may pass a resolution to deal with the matter.