76Registration may be cancelled

#### 76 Registration may be cancelled 76 Registration may be cancelled > > (1) The Secretary may cancel an association’s registration if satisfied that— > > > > > (a) the association is not in operation, whether or not it has been wound up, or > > > > > (b) the association has fewer than 5 members, or > > > > > (c) the association has failed to establish and maintain a committee in accordance with section 28, or > > > > > (d) the association’s committee does not include 3 or more members of whom each is aged 18 years or more and of whom at least 3 are ordinarily resident in Australia, or > > > > > (e) the association’s committee has not appointed a public officer or has appointed a public officer who is not aged 18 years or more or not ordinarily resident in New South Wales, or > > > > > (f) the association is, or has been, conducting its affairs (including its affairs as trustee of any trust) so as to provide pecuniary gain for its members, or > > > > > (g) during the last 3 financial years, the association has not held an annual general meeting, or > > > > > (h) during the last 3 financial years, none of the documents required to have been lodged for the association under section 45 (if the association is a Tier 1 association) or section 49 (if the association is a Tier 2 association) has been lodged, or > > > > > (i) the association has failed to comply with a direction under section 11 for the change of its name, or > > > > > (j) the association has become registered under this Act because of fraud or mistake, or > > > > > (k) it is in the public interest to cancel the association’s registration. > > > (2) An association’s registration is not to be cancelled under this section if— > > > > > (a) the association is being wound up, or > > > > > (b) the Civil and Administrative Tribunal has ordered the Secretary not to cancel the association’s registration. > > > (3) Before cancelling an association’s registration under this section, the Secretary— > > > > > (a) must cause notice of the proposed cancellation to be given to the association stating the ground or grounds referred to in subsection (1) that the Secretary believes exist, and > > > > > (b) must give the association and its members at least 28 days within which to make submissions to the Secretary with respect to the proposed cancellation, and > > > > > (c) must give due consideration to any submissions that are made within that period. > > > (4) After cancelling an association’s registration under this section, the Secretary must cause notice of that fact to be published in the Gazette and to be given to the association. > > > (5) (Repealed) > > **s 76:** Am 2010 No 59, Sch 1.6 \[2\]; 2013 No 95, Sch 2.11 \[1\]; 2013 No 111, Sch 1.1 \[2\]–\[4\]; 2014 No 33, Sch 1.3 \[3\] \[4\]; 2016 No 1, Sch 1 \[20\]–\[23\]; 2020 No 30, Sch 1.4; 2024 No 25, Sch 6.2\[1\].