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Associations Incorporation Act 1991
64Vacancy in office of public officer
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64 Vacancy in office of public officer
(1) An incorporated association may, by resolution, remove its public
officer from office.
(2) The office of the public officer of an incorporated association is taken
to be vacant if the public officer—
(a) is removed from office under subsection (1); or
(b) resigns from office; or
(c) dies; or
(d) becomes bankrupt or personally insolvent; or
(e) is not physically or mentally fit to exercise the functions of
office; or
(f) was convicted or released from imprisonment for an offence
mentioned in section 63 (1) within 5 years immediately before
the public officer’s appointment, or is convicted of such an
offence after taking office; or
(g) is disqualified from managing a corporation or an Aboriginal
and Torres Strait Islander corporation under—
(i) any of the following provisions of the Corporations Act:
(A) section 206B (1) (a) and (b) (Convictions);
(B) section 206B (3) and (4) (Bankruptcy or personal
(C) section 206E (Court power of disqualification—
(ii) any of the following provisions of the Corporations
(Aboriginal and Torres Strait Islander) Act 2006 (Cwlth):
(A) section 279-5 (1) (a) and (b) (Convictions);
(B) section 279-5 (3) and (4) (Bankruptcy or personal
(C) section 279-25 (Court power of disqualification—
(h) is subject to a disqualification order under section 63A; or
(i) ceases to reside in the ACT.
(3) If a vacancy occurs in the office of the public officer of an
incorporated association, the committee of the association must,
within 14 days after the vacancy occurred appoint a person to fill the
vacancy.
(4) If the committee without reasonable cause does not comply with
subsection (3), each member of the committee commits an offence.
Maximum penalty (subsection (4)): 2 penalty units.