Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Associations Incorporation
Regulation 2023
SL2023-25
made under the
Associations Incorporation Act 1991
Republication No 2
Effective: 12 March 2024
Republication date: 12 March 2024
Regulation not amended
(republication includes editorial amendments
under Legislation Act)
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Associations Incorporation Regulation 2023, made under the
Associations Incorporation Act 1991 (including any amendment made under the Legislation Act
2001, part 11.3 (Editorial changes)) as in force on 12 March 2024. It also includes any
commencement, repeal or expiry affecting this republished law.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Associations Incorporation
Regulation 2023
made under the
Associations Incorporation Act 1991
Contents
Page
1 Name of regulation 2
3 Copies required—Act, s 73 (2) 2
4 Rate of commission—Act, s 95 (3) 2
5 Model rules—Act, s 127 (2) (a) 2
Schedule 1 Model rules 3
Part 1.1 Preliminary 6
1 Model rules—application 6
2 Association objects 6
3 Application of certain Acts 6
Contents
Page
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Part 1.2 Membership 7
4 Membership—application 7
5 Membership—decision 7
6 Membership—when membership begins 8
7 Membership—joining fee and annual membership fee 9
8 Membership—when membership ends 9
9 Membership—resigning 10
10 Membership—rights and liabilities not transferable 11
Part 1.3 Dispute resolution and disciplinary procedure 12
Division 1.3.1 Dispute resolution procedure 12
11 Application—div 1.3.1 12
12 Meaning of party to a dispute—div 1.3.1 13
13 Resolving dispute by agreement 13
14 Dispute resolution procedure—starting the procedure 13
15 Dispute resolution procedure—appointing decision-maker 14
16 Dispute resolution procedure—notice to parties about decision-maker 14
17 Dispute resolution procedure—opportunity to be heard 15
18 Dispute resolution procedure—outcome 15
19 Dispute resolution procedure—ending dispute by agreement 16
Division 1.3.2 Disciplinary procedure 17
20 Definitions—div 1.3.2 17
21 Application—div 1.3.2 17
22 Disciplinary procedure—grounds for disciplinary action 18
23 Disciplinary procedure—proposed disciplinary action 18
24 Disciplinary procedure—appointing decision-maker 18
25 Disciplinary procedure—notice to member about proposed disciplinary
action 19
26 Disciplinary procedure—opportunity to be heard 19
27 Disciplinary procedure—outcome 20
28 Disciplinary procedure—stopping 21
29 Disciplinary procedure—no further action by committee 22
Division 1.3.3 Appealing decisions 22
30 Appeal outcome—setting aside decision-maker’s decision 22
31 Who can appeal a decision? 22
Contents
Page
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32 Appeal notices 22
33 Withdrawing an appeal 23
34 General meeting to decide appeal 23
Part 1.4 Committee 25
Division 1.4.1 Committee—membership and functions 25
35 Committee—members 25
36 Committee—functions 25
37 Committee—delegating functions to subcommittees 26
38 Committee—functions of president 26
39 Committee—functions of vice president 27
40 Committee—functions of secretary 27
41 Committee—functions of treasurer 28
42 Committee—delegating functions of committee members 28
Division 1.4.2 Committee—election and removal 29
43 Committee—membership 29
44 Committee—nominating members for election 29
45 Committee—electing members 30
46 Committee—term of office 31
47 Committee—removal of member from office 32
48 Committee—filling casual vacancies 33
Division 1.4.3 Committee meetings 34
49 Committee meetings 34
50 Committee meetings—notice and business 34
51 Committee meetings—chair 35
52 Committee meetings—quorum 35
53 Committee meetings—voting 36
54 Committee meetings—minutes 37
55 Committee meetings—records 37
Part 1.5 Annual and other general meetings 38
56 General meetings—called by committee 38
57 General meetings—called at request of members 38
58 General meetings—virtual attendance 39
59 Annual general meetings—notice and business 40
Contents
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60 Other general meetings—notice and business 41
61 General meetings—authorising proxy 42
62 General meetings—chair 43
63 General meetings—quorum 43
64 General meetings—voting 44
65 General meetings—minutes 44
66 General meetings—adjournment 45
Part 1.6 Financial matters 46
67 Funds—source 46
68 Funds—use and management 46
Part 1.7 Miscellaneous 48
69 Records and other documents 48
70 Common seal 48
71 Property of defunct association 49
Part 1.8 Forms 50
Part 1.9 Dictionary 53
Endnotes
1 About the endnotes 56
2 Abbreviation key 56
3 Legislation history 57
4 Amendment history 58
5 Earlier republications 58
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Australian Capital Territory
Associations Incorporation
Regulation 2023
made under the
Associations Incorporation Act 1991
Section 1
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1 Name of regulation
This regulation is the Associations Incorporation Regulation 2023.
3 Copies required—Act, s 73 (2)
The prescribed number of copies is 20.
4 Rate of commission—Act, s 95 (3)
The commission payable is an amount calculated at the rate of 5%.
5 Model rules—Act, s 127 (2) (a)
The model rules in schedule 1 are prescribed.
Model rules Schedule 1
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Schedule 1 Model rules
(see s 5)
Contents
Page
Part 1.1 Preliminary 6
1 Model rules—application 6
2 Association objects 6
3 Application of certain Acts 6
Part 1.2 Membership 7
4 Membership—application 7
5 Membership—decision 7
6 Membership—when membership begins 8
7 Membership—joining fee and annual membership fee 9
8 Membership—when membership ends 9
9 Membership—resigning 10
10 Membership—rights and liabilities not transferable 11
Part 1.3 Dispute resolution and disciplinary procedure 12
Division 1.3.1 Dispute resolution procedure 12
11 Application—div 1.3.1 12
12 Meaning of party to a dispute—div 1.3.1 13
13 Resolving dispute by agreement 13
14 Dispute resolution procedure—starting the procedure 13
15 Dispute resolution procedure—appointing decision-maker 14
16 Dispute resolution procedure—notice to parties about decision-maker 14
17 Dispute resolution procedure—opportunity to be heard 15
18 Dispute resolution procedure—outcome 15
19 Dispute resolution procedure—ending dispute by agreement 16
Division 1.3.2 Disciplinary procedure 17
20 Definitions—div 1.3.2 17
Schedule 1 Model rules
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21 Application—div 1.3.2 17
22 Disciplinary procedure—grounds for disciplinary action 18
23 Disciplinary procedure—proposed disciplinary action 18
24 Disciplinary procedure—appointing decision-maker 18
25 Disciplinary procedure—notice to member about proposed disciplinary
action 19
26 Disciplinary procedure—opportunity to be heard 19
27 Disciplinary procedure—outcome 20
28 Disciplinary procedure—stopping 21
29 Disciplinary procedure—no further action by committee 22
Division 1.3.3 Appealing decisions 22
30 Appeal outcome—setting aside decision-maker’s decision 22
31 Who can appeal a decision? 22
32 Appeal notices 22
33 Withdrawing an appeal 23
34 General meeting to decide appeal 23
Part 1.4 Committee 25
Division 1.4.1 Committee—membership and functions 25
35 Committee—members 25
36 Committee—functions 25
37 Committee—delegating functions to subcommittees 26
38 Committee—functions of president 26
39 Committee—functions of vice president 27
40 Committee—functions of secretary 27
41 Committee—functions of treasurer 28
42 Committee—delegating functions of committee members 28
Division 1.4.2 Committee—election and removal 29
43 Committee—membership 29
44 Committee—nominating members for election 29
45 Committee—electing members 30
46 Committee—term of office 31
47 Committee—removal of member from office 32
48 Committee—filling casual vacancies 33
Model rules Schedule 1
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Division 1.4.3 Committee meetings 34
49 Committee meetings 34
50 Committee meetings—notice and business 34
51 Committee meetings—chair 35
52 Committee meetings—quorum 35
53 Committee meetings—voting 36
54 Committee meetings—minutes 37
55 Committee meetings—records 37
Part 1.5 Annual and other general meetings 38
56 General meetings—called by committee 38
57 General meetings—called at request of members 38
58 General meetings—virtual attendance 39
59 Annual general meetings—notice and business 40
60 Other general meetings—notice and business 41
61 General meetings—authorising proxy 42
62 General meetings—chair 43
63 General meetings—quorum 43
64 General meetings—voting 44
65 General meetings—minutes 44
66 General meetings—adjournment 45
Part 1.6 Financial matters 46
67 Funds—source 46
68 Funds—use and management 46
Part 1.7 Miscellaneous 48
69 Records and other documents 48
70 Common seal 48
71 Property of defunct association 49
Part 1.8 Forms 50
Part 1.9 Dictionary 53
Schedule 1 Model rules
Part 1.1 Preliminary
Section 1
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Part 1.1 Preliminary
1 Model rules—application
These model rules, as in force from time to time, are the rules of the
[insert name of incorporated association] (the Association).
Note The Association may, by special resolution, at any time, decide to adopt
rules other than these model rules (see Act, s 33). However, if a rule is
inconsistent with the Act or another law in force in the ACT, the rule has
no effect (see Act, s 34). Also, if the model rules make provision for a
matter not provided for in the Association’s rules, the Association’s rules
are taken to include the provision of the model rules in relation to that
matter (see Act, s 31 (2)).
2 Association objects
The objects of the Association are [insert objects].
Note The objects of the Association are the objects appearing in the statement
of the Association’s objects lodged with the registrar (see Act, s 29). The
Association may alter its objects by special resolution (see Act, s 30).
3 Application of certain Acts
The following Acts apply to the Association’s rules as if the rules
were an instrument made under the Act:
(a) the Electronic Transactions Act 2001;
(b) the Legislation Act 2001.
Note 1 Under the Electronic Transactions Act 2001, s 8, information required to
be given in writing may be given electronically. For example,
applications for membership may be given by email.
Note 2 The Legislation Act contains definitions and other provisions relevant to
the Association’s rules.
Model rules Schedule 1
Membership Part 1.2
Section 4
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Part 1.2 Membership
4 Membership—application
(1) A person may apply to the committee to become a member of the
Association.
Note Founding members of the Association are dealt with in the Act, s 21 (2).
(2) The application must—
(a) be in writing; and
(b) include—
(i) the applicant’s name and contact details; and
(ii) a statement that the applicant supports the Association’s
objects and agrees to comply with the Act and the
Association’s rules; and
(iii) a member’s nomination of the applicant for membership;
and
(c) be signed by the applicant and the member nominating the
applicant.
(3) The committee may require the application to be in a form decided
by the committee.
Note The committee may require form 1 in pt 1.8 to be used.
5 Membership—decision
(1) The committee must consider each application for membership and
decide whether to accept or reject the application.
(2) The committee may reject an application only if—
(a) the application does not comply with section 4 (2); or
Schedule 1 Model rules
Part 1.2 Membership
Section 6
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(b) if the committee requires an application to be in a particular form
under section 4 (3)—the application is not in the required form;
or
(c) the committee is not satisfied that the applicant will support the
Association’s objects and comply with the Act and the
Association’s rules.
(3) As soon as practicable after deciding the application, the committee
must give the applicant written notice of the decision.
(4) If the committee accepts the application, the committee must—
(a) ask the applicant to pay the joining fee; and
(b) after the applicant pays the fee—record the information required
by the Act, section 67 (2) in the register of members.
Note 1 The information required to be recorded in the register includes the
person’s name and contact details and the date the person became
a member (see Act, s 67 (2)).
Note 2 A member may apply to the committee to restrict access to the
member’s personal information on the register (see Act, s 67B).
6 Membership—when membership begins
A person’s membership begins on—
(a) if the joining fee is $0—the day the committee accepts the
person’s application for membership; or
(b) in any other case—the later of the following:
(i) the day the committee accepts the person’s application for
membership;
(ii) the day the person pays the joining fee.
Model rules Schedule 1
Membership Part 1.2
Section 7
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7 Membership—joining fee and annual membership fee
(1) The fee to join the Association (the joining fee) is—
(a) $1; or
(b) if the committee decides another amount—that amount.
(2) The annual fee for membership of the Association (the annual
membership fee) is—
(a) $2; or
(b) if the committee decides another amount—that amount.
(3) To remove any doubt, a joining fee or annual membership fee may
be $0.
(4) The annual membership fee is payable before (the due date)—
(a) 1 July each year; or
(b) if the committee decides another date—that date.
(5) However, if a person’s membership begins after the due date in a
calendar year, the due date for the annual membership fee is—
(a) 1 July in the following calendar year; or
(b) if the committee decides another date—that date.
8 Membership—when membership ends
A person’s membership ends if—
(a) the person resigns under section 9; or
(b) the person has not paid their annual membership fee by the due
date; or
(c) the person’s membership is cancelled as a result of disciplinary
action taken under part 1.3; or
Schedule 1 Model rules
Part 1.2 Membership
Section 9
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(d) if the member is an individual—the individual—
(i) dies; or
(ii) is not physically or mentally fit to exercise the functions of
membership; or
(e) if the member is a corporation—the corporation is wound up; or
(f) the incorporation of the Association is cancelled under—
(i) the Act, section 83 (Cancellation where continued
incorporation inappropriate); or
(ii) the Act, section 85 (Cancellation of incorporation
following voluntary transfer); or
(iii) the Act, section 93 (Cancellation of incorporation); or
(g) the Association is wound up under—
(i) the Act, section 88 (Voluntary winding-up); or
(ii) the Act, section 90 (Winding-up by the court).
9 Membership—resigning
(1) A member may resign their membership of the Association by giving
written notice to the committee.
(2) The resignation takes effect—
(a) on the day the committee receives the notice; or
(b) if another day is stated in the notice—on that day.
(3) Despite section 10 (b), a person who resigns their membership
remains liable for any annual membership fee the person owes the
Association when the resignation takes effect.
Note An amount owing under a law may be recovered as a debt in a court of
competent jurisdiction or the ACAT (see Legislation Act, s 177).
Model rules Schedule 1
Membership Part 1.2
Section 10
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(4) The committee must remove information about the member from the
register of members as soon as practicable after the member’s
resignation takes effect.
10 Membership—rights and liabilities not transferable
A member’s rights and liabilities—
(a) are not transferable; and
(b) end when the member’s membership ends.
Schedule 1 Model rules
Part 1.3 Dispute resolution and disciplinary procedure
Division 1.3.1 Dispute resolution procedure
Section 11
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Part 1.3 Dispute resolution and
disciplinary procedure
Division 1.3.1 Dispute resolution procedure
11 Application—div 1.3.1
This division sets out the dispute resolution procedure for dealing
with a dispute under the Act or the Association’s rules between—
(a) a member and another member; or
(b) a member and the committee.
Examples—disputes under the Act or the Association’s rules
1 a dispute about when the annual membership fee for membership is due
2 a dispute about when an annual general meeting must be held
3 a dispute arising out of a refusal of a request under the Act, s 67B by a member
to restrict access to personal information about the member recorded in the
register of members
4 a dispute about whether the Association is acting in accordance with its objects
5 a dispute about whether a member is acting in accordance with the
Association’s objects
Note 1 There are further requirements for dispute resolution procedures in the
Act, s 65B.
Note 2 On application by the Association, a court may direct a person to comply
with the Association’s rules and may declare and enforce the rights or
obligations of members or the Association (see Act, s 53).
Model rules Schedule 1
Dispute resolution and disciplinary procedure Part 1.3
Dispute resolution procedure Division 1.3.1
Section 12
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12 Meaning of party to a dispute—div 1.3.1
In this division:
party, to a dispute, means—
(a) if the dispute is between members—the members; or
(b) if the dispute is between a member and the committee—the
member and the committee.
Note A member may appoint someone to act on their behalf in the dispute
resolution procedure (see Act, s 65B (2)).
13 Resolving dispute by agreement
(1) The parties to a dispute must attempt to resolve the dispute by
agreement between themselves.
(2) A party to the dispute may ask the committee to help the parties
resolve the dispute by agreement if—
(a) the committee is not a party to the dispute; and
(b) the parties are unable to resolve the dispute between themselves.
14 Dispute resolution procedure—starting the procedure
(1) If the parties to a dispute do not resolve the dispute by agreement
under section 13, any party to the dispute may start the dispute
resolution procedure by giving written notice to the committee.
Note A member who is the subject of a disciplinary procedure must not start a
dispute resolution procedure in relation to the same matter until the
disciplinary procedure (including any appeal) is complete (see Act,
s 65C (4)).
(2) The notice must—
(a) include the names and contact details of the parties to the
dispute; and
Schedule 1 Model rules
Part 1.3 Dispute resolution and disciplinary procedure
Division 1.3.1 Dispute resolution procedure
Section 15
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(b) give a brief summary of the matters in dispute (a dispute
summary) including the relevant provisions of the Act and the
Association’s rules (if known); and
(c) briefly state the steps the parties have taken to resolve the
dispute.
15 Dispute resolution procedure—appointing
decision-maker
(1) As soon as practicable after receiving a notice under section 14, the
committee must appoint a decision-maker to decide the outcome of
the dispute.
Note For laws about appointments, see the Legislation Act, pt 19.3.
(2) The committee must ensure that the decision-maker—
(a) is unbiased; and
(b) has, or can quickly acquire, knowledge of the following:
(i) the Act;
(ii) the Association’s rules;
(iii) the Association’s objects;
(iv) the management and operation of the Association; and
(c) does not have a conflict of interest.
(3) The committee must give the decision-maker a copy of the notice.
16 Dispute resolution procedure—notice to parties about
decision-maker
(1) As soon as practicable after a decision-maker is appointed under
section 15, the secretary must give written notice to each party to the
dispute that the dispute resolution procedure has started.
(2) However, if the committee is a party to the dispute, the secretary is
not required to give the committee notice under subsection (1).
Model rules Schedule 1
Dispute resolution and disciplinary procedure Part 1.3
Dispute resolution procedure Division 1.3.1
Section 17
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(3) The notice must include—
(a) a copy of the dispute summary for the dispute; and
(b) the name and contact details of the decision-maker; and
(c) information about the dispute resolution procedure.
17 Dispute resolution procedure—opportunity to be heard
(1) Before deciding the outcome of a dispute, the decision-maker must
invite each party to make a written or oral submission (or both) about
the dispute.
(2) The invitation must state—
(a) if the decision-maker invites the parties to make a written
submission—a period of not less than 14 days in which a party
may make a written submission (the submission period); and
(b) if the decision-maker invites the parties to make oral
submissions—the day and time (within the submission period)
when the party can make their oral submissions.
(3) The decision-maker may also attempt to resolve the dispute with the
agreement of the parties to the dispute.
18 Dispute resolution procedure—outcome
As soon as practicable after the submission period has ended, the
decision-maker must—
(a) consider any submissions received by the decision-maker during
the submission period; and
(b) decide the outcome of the dispute (the dispute decision); and
(c) give the parties to the dispute a written notice stating—
(i) the dispute decision; and
Schedule 1 Model rules
Part 1.3 Dispute resolution and disciplinary procedure
Division 1.3.1 Dispute resolution procedure
Section 19
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(ii) the reasons for the dispute decision; and
Note For what must be included in a statement of reasons, see the
Legislation Act, s 179.
(iii) that a party to the dispute may appeal the dispute decision
under division 1.3.3 (Appealing decisions); and
(d) if the committee is not a party to the dispute—give the
committee a copy of the notice mentioned in paragraph (c).
19 Dispute resolution procedure—ending dispute by
agreement
(1) The parties to a dispute may agree to end the dispute at any time
before the decision-maker decides the outcome of the dispute.
(2) If the parties agree to end the dispute, they must give written notice
to the following people:
(a) if the committee is not a party to the dispute—the committee;
(b) if a decision-maker has been appointed for the dispute—the
decision-maker.
(3) The notice must state—
(a) that the parties have agreed to end the dispute; and
(b) the terms of the agreement.
Model rules Schedule 1
Dispute resolution and disciplinary procedure Part 1.3
Disciplinary procedure Division 1.3.2
Section 20
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Division 1.3.2 Disciplinary procedure
20 Definitions—div 1.3.2
In this division:
disciplinary action, against a member of the Association in relation
to the member’s status as a member of the Association, includes any
of the following:
(a) demoting the member to a level of membership with fewer rights
and privileges;
(b) suspending the member’s entitlement to exercise some or all of
the member’s rights and privileges as a member for a stated
period;
(c) suspending the member’s membership for a stated period;
(d) cancelling the member’s membership and disqualifying the
member from applying for membership for a stated period.
ground for disciplinary action—see section 22.
21 Application—div 1.3.2
This division sets out the disciplinary procedure the Association must
use if it proposes to take disciplinary action against a member.
Note 1 There are further requirements for disciplinary procedures in the Act,
s 65C.
Note 2 A court may direct a person to comply with the Association’s rules and
may declare and enforce the rights or obligations of members or the
Association (see Act, s 53).
Note 3 The Association may (but need not) also use the disciplinary procedure
set out in this division if it proposes to take other disciplinary action
against a member.
Schedule 1 Model rules
Part 1.3 Dispute resolution and disciplinary procedure
Division 1.3.2 Disciplinary procedure
Section 22
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22 Disciplinary procedure—grounds for disciplinary action
Each of the following is a ground for disciplinary action against a
member of the Association:
(a) the member has failed to comply with the Act or the
Association’s rules;
(b) the member has acted in a way that is likely to be harmful to the
Association.
23 Disciplinary procedure—proposed disciplinary action
If the committee is satisfied that a ground for disciplinary action
exists in relation to a member of the Association, the committee may,
by resolution, propose to take disciplinary action (the proposed
disciplinary action) against the member in relation to the member’s
status as a member.
24 Disciplinary procedure—appointing decision-maker
(1) If the committee passes a resolution under section 23, the committee
must appoint a decision-maker to decide whether to take the proposed
disciplinary action.
Note For laws about appointments, see the Legislation Act, pt 19.3.
(2) The committee must ensure that the decision-maker—
(a) is unbiased; and
(b) has, or can quickly acquire, knowledge of the following:
(i) the Act;
(ii) the Association’s rules;
(iii) the Association’s objects;
(iv) the management and operation of the Association; and
(c) does not have a conflict of interest.
Model rules Schedule 1
Dispute resolution and disciplinary procedure Part 1.3
Disciplinary procedure Division 1.3.2
Section 25
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(3) The committee must give the decision-maker the following
information in writing:
(a) the name and contact details of the member who is the subject
of the proposed disciplinary action;
(b) details about the proposed disciplinary action;
(c) the grounds for the proposed disciplinary action.
25 Disciplinary procedure—notice to member about
proposed disciplinary action
(1) As soon as practicable after appointing a decision-maker under
section 24, the committee must give the member written notice telling
the member that the disciplinary procedure has started.
(2) The notice must include—
(a) details about the proposed disciplinary action; and
(b) the grounds for the proposed disciplinary action; and
(c) the name and contact details of the decision-maker; and
(d) information about the disciplinary procedure.
26 Disciplinary procedure—opportunity to be heard
(1) Before deciding whether to take the proposed disciplinary action, the
decision-maker must invite the member to make a written or oral
submission (or both) about—
(a) the proposed disciplinary action; and
(b) the grounds for the proposed disciplinary action.
Schedule 1 Model rules
Part 1.3 Dispute resolution and disciplinary procedure
Division 1.3.2 Disciplinary procedure
Section 27
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(2) The invitation must state—
(a) if the decision-maker invites the member to make a written
submission—a period of not less than 14 days in which the
member may make a written submission
(the submission period); and
(b) if the decision-maker invites the member to make oral
submissions—the day and time (within the submission period)
when the member can make their oral submissions.
27 Disciplinary procedure—outcome
(1) As soon as practicable after the submission period has ended, the
decision-maker must—
(a) consider any submissions received by the decision-maker during
the submission period; and
(b) decide whether to take the proposed disciplinary action, another
disciplinary action, or no disciplinary action against the member
(the disciplinary action decision); and
(c) give the member and the committee written notice stating—
(i) the disciplinary action decision; and
(ii) the reasons for the disciplinary action decision; and
Note For what must be included in a statement of reasons, see the
Legislation Act, s 179.
(iii) if the decision-maker decides to take disciplinary action—
the day the disciplinary action takes effect; and
(iv) that the member or the committee may appeal the
disciplinary action decision under division 1.3.3
(Appealing decisions).
Model rules Schedule 1
Dispute resolution and disciplinary procedure Part 1.3
Disciplinary procedure Division 1.3.2
Section 28
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(2) If the decision-maker decides to take disciplinary action against a
member, the committee must—
(a) if the member’s membership is cancelled—remove information
about the member from the register of members; or
(b) in any other case—record the details of the disciplinary action
in the register of members.
(3) If the decision-maker decides to suspend the member’s membership
for a stated period—
(a) the person is taken not be a member of the Association during
the period of suspension; and
(b) the period of suspension does not affect the suspended
member’s liability to pay the annual membership fee.
28 Disciplinary procedure—stopping
(1) The committee may, by resolution, decide to stop a disciplinary
procedure against a member at any time before the decision-maker
makes a disciplinary action decision.
(2) If the committee decides to stop the disciplinary procedure, the
committee must give written notice to—
(a) the member; and
(b) the decision-maker.
(3) The notice must state—
(a) that the committee has decided to stop the disciplinary
procedure for proposed disciplinary action against a member;
and
(b) the reasons for the committee’s decision to stop the disciplinary
procedure.
Schedule 1 Model rules
Part 1.3 Dispute resolution and disciplinary procedure
Division 1.3.3 Appealing decisions
Section 29
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29 Disciplinary procedure—no further action by committee
If a decision-maker makes a disciplinary action decision in relation to
a member, no further disciplinary action may be proposed or taken
against the member in relation to the conduct making up the grounds
for disciplinary action set out in the written notice given to the
member under section 25.
Division 1.3.3 Appealing decisions
30 Appeal outcome—setting aside decision-maker’s
decision
A dispute decision or disciplinary action decision may be set aside
only by special resolution of the Association.
Note 1 A special resolution requires at least 21 days notice and needs to be
passed with at least ¾ of the votes (see Act, s 70).
Note 2 If a decision of the Association deprives a member of a right provided by
the Association’s rules, the member may apply to the court for an order
to vary or set aside the decision (see Act, s 49).
31 Who can appeal a decision?
(1) A party to a dispute may appeal the dispute decision.
(2) The following people may appeal a disciplinary action decision:
(a) the member who is the subject of the disciplinary action
decision;
(b) the committee.
32 Appeal notices
A person appealing a decision must, within 7 business days after
being given notice of the decision, give the secretary written notice
of the appeal (an appeal notice) stating the grounds for the appeal.
Model rules Schedule 1
Dispute resolution and disciplinary procedure Part 1.3
Appealing decisions Division 1.3.3
Section 33
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33 Withdrawing an appeal
A person appealing a decision may, at any time before the appeal is
decided, withdraw the appeal by giving written notice to the
secretary.
34 General meeting to decide appeal
(1) As soon as practicable after the secretary receives an appeal notice—
(a) the secretary must give the parties to the appeal a copy of the
appeal notice; and
(b) the committee must call a general meeting to consider a special
resolution about the appeal.
Note A special resolution requires at least 21 days notice and needs to
be passed with at least ¾ of the votes (see Act, s 70).
(2) The chair of the general meeting must ensure that—
(a) the special resolution is the only item of business at the general
meeting called under subsection (1) (b); and
(b) the parties to the appeal are given the opportunity to be heard
about the special resolution; and
(c) the members vote on the special resolution by a secret ballot.
(3) The parties to the appeal must not vote on the special resolution.
(4) In this section:
party to the appeal, means—
(a) if the appeal is against a dispute decision—the parties to the
dispute; and
Schedule 1 Model rules
Part 1.3 Dispute resolution and disciplinary procedure
Division 1.3.3 Appealing decisions
Section 34
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(b) if the appeal is against a disciplinary action decision—
(i) the member who is the subject of the disciplinary
procedure; and
(ii) the committee.
Model rules Schedule 1
Committee Part 1.4
Committee—membership and functions Division 1.4.1
Section 35
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Part 1.4 Committee
Division 1.4.1 Committee—membership and
functions
35 Committee—members
(1) The committee must include the following office-bearers for the
Association:
(a) the president;
(b) the secretary;
(c) the treasurer.
(2) The committee may also include—
(a) a vice president; and
(b) ordinary committee members.
(3) A member must not hold more than 1 position on the committee at
the same time.
Note Committee members have duties of care and diligence, good faith and
proper purpose and duties about the use of their position and the use of
information obtained because of their position (see Act, div 4.2 and dict,
def officer).
36 Committee—functions
The committee may exercise the Association’s functions under the
Act and the Association’s rules, other than conducting the
Association’s business mentioned in—
(a) section 59 (Annual general meetings—notice and business); and
Schedule 1 Model rules
Part 1.4 Committee
Division 1.4.1 Committee—membership and functions
Section 37
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(b) section 60 (Other general meetings—notice and business).
Note 1 The committee has the management of the Association (see Act, s 60 (2)).
Note 2 A provision of a law that gives an entity a function also gives the entity
powers necessary and convenient to exercise the function (see Legislation
Act, s 196).
37 Committee—delegating functions to subcommittees
(1) The committee may delegate a function of the committee under the
Association’s rules to 1 or more subcommittees.
(2) However, the committee must not delegate a function given to the
committee—
(a) under the Act or another territory law; or
(b) by resolution of the members at a general meeting.
Note For laws about delegations, see the Legislation Act, pt 19.4.
(3) If the committee delegates a function to a subcommittee, the
subcommittee may, subject to any limitation or condition in the
delegation—
(a) meet on the dates and at the times and places agreed by the
subcommittee; and
(b) decide its own procedures.
38 Committee—functions of president
The functions of the president include—
(a) chairing committee meetings and general meetings (including
annual general meetings); and
Model rules Schedule 1
Committee Part 1.4
Committee—membership and functions Division 1.4.1
Section 39
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(b) exercising any other function given to the president—
(i) under the Act or the Association’s rules; or
(ii) by the committee or the members to achieve the
Association’s objects.
39 Committee—functions of vice president
The functions of the vice president (if any) include—
(a) exercising the functions of the president if the president is
unavailable to exercise those functions for any reason; and
(b) exercising any other function given to the vice president—
(i) under the Act or the Association’s rules; or
(ii) by the committee or the members to achieve the
Association’s objects.
40 Committee—functions of secretary
(1) The functions of the secretary include—
(a) keeping minutes of committee meetings and general meetings
(including annual general meetings); and
(b) exercising any other function given to the secretary—
(i) under the Act or the Association’s rules; or
(ii) by the committee or the members to achieve the
Association’s objects.
(2) The secretary must lodge the notice mentioned in the Act,
section 62 (1) (Notice of changes in committee).
Note A committee member must notify the Association of any change of
address within 1 month (see Act, s 62 (2)).
Schedule 1 Model rules
Part 1.4 Committee
Division 1.4.1 Committee—membership and functions
Section 41
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41 Committee—functions of treasurer
The functions of the treasurer include—
(a) keeping the accounting records mentioned in the Act, section 71
(Accounting records); and
(b) preparing the statement of accounts mentioned in the Act,
section 72 (Annual statement of accounts); and
(c) presenting the documents mentioned in the Act, section 73
(Presentation of statement to members) at the annual general
meeting; and
(d) lodging with the registrar-general the documents mentioned in
the Act, section 79 (Registrar-general’s power to require
statements and reports); and
(e) exercising any other function given to the treasurer—
(i) under the Act or the Association’s rules; or
(ii) by the committee or the members to achieve the
Association’s objects.
42 Committee—delegating functions of committee members
(1) A relevant committee member may delegate their functions under the
Association’s rules to any other committee member.
(2) However, a relevant committee member must not delegate a function
given to the committee member—
(a) under the Act or another territory law; or
(b) by resolution of the members at a general meeting.
Note For laws about delegations, see the Legislation Act, pt 19.4.
Model rules Schedule 1
Committee Part 1.4
Committee—election and removal Division 1.4.2
Section 43
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(3) In this section:
relevant committee member means the following committee
members:
(a) the president;
(b) the vice president (if any);
(c) the secretary;
(d) the treasurer.
Division 1.4.2 Committee—election and removal
43 Committee—membership
A member of the Association becomes a committee member if the
member—
(a) is elected to the committee at an annual general meeting under
section 45; or
(b) is appointed by the committee to fill a casual vacancy on the
committee under section 48.
Note The inaugural committee is established under the Act, s 61.
44 Committee—nominating members for election
(1) The secretary must, at least 28 days before an annual general meeting,
give written notice to the members of the Association calling for
nominations of members for election to the committee.
(2) A nomination of a member must—
(a) be in writing; and
(b) be signed by 2 other members; and
(c) include the written consent of the nominated member; and
Schedule 1 Model rules
Part 1.4 Committee
Division 1.4.2 Committee—election and removal
Section 45
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(d) be given to the secretary by not later than 14 days after the day
the notice under subsection (1) is given.
(3) The committee must not accept the nomination of a member if—
(a) the member is disqualified from election to the committee; or
Note A person may be disqualified from election to the committee under
the Act, s 63, s 63A and s 63B.
(b) disciplinary action has been taken against the member under
division 1.3.2 in the previous 2 years.
45 Committee—electing members
(1) If more than 1 member is nominated for a particular committee
member position, the members at the annual general meeting must
vote to decide who is to be elected to the position.
(2) If only 1 member is nominated for a particular committee member
position, the nominated member is taken to be elected to the position
at the annual general meeting.
(3) If no member is nominated for a particular committee member
position, at the annual general meeting, the chair must call for further
nominations to fill the position.
(4) If the chair calls for further nominations under subsection (3), the
chair—
(a) may accept the nomination of a member only if—
(i) the nomination is supported by 2 members; and
(ii) the nominated person consents to the nomination; and
Model rules Schedule 1
Committee Part 1.4
Committee—election and removal Division 1.4.2
Section 46
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(b) must not accept the nomination of a member if—
(i) the member is disqualified from election to the committee;
or
Note A person may be disqualified from election to the committee
under the Act, s 63, s 63A and s 63B.
(ii) disciplinary action has been taken against the member
under division 1.3.2 in the previous 2 years.
(5) If the chair calls for further nominations under subsection (3)—
(a) if more than 1 member is nominated for the position—the
members at the meeting must vote to decide who is to be elected
to the position; or
(b) if only 1 member is nominated for the position—the nominated
member is taken to be elected to the position; or
(c) if no member is nominated for the position—the position is
taken to be vacant.
46 Committee—term of office
(1) The term of office of a committee member begins—
(a) for an elected committee member—at the end of the annual
general meeting at which the member is elected; or
(b) for a committee member appointed to fill a casual vacancy under
section 48—on the day the appointment commences.
(2) The term of office of a committee member ends on the earliest of the
following:
(a) the end of the annual general meeting held after the committee
member’s term of office begins;
Schedule 1 Model rules
Part 1.4 Committee
Division 1.4.2 Committee—election and removal
Section 47
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(b) if the person resigns from office—the day the resignation takes
effect;
Note A committee member may resign from the committee by written
notice given to the public officer (see Act, s 64A).
(c) if the person’s membership of the Association ends—the day the
membership ends;
(d) if the person is disqualified from holding committee
membership under—
(i) the Act, section 63 (Disqualification from office—
convictions or bankruptcy)—the day the disqualification
takes effect; or
(ii) the Act, section 63A (Disqualification from office—
noncompliance with Act)—the day the disqualification
takes effect; or
(iii) the Act, section 63B (Disqualification from office—
disqualified under other legislation)—the day the
disqualification takes effect;
(e) if the person is removed from office under section 47—the day
the removal takes effect.
47 Committee—removal of member from office
The Association may, by resolution passed at a general meeting,
remove a committee member from the committee before the end of
their term of office if the member—
(a) does not exercise their functions or discharge their duties under
the Act, section 66A (Duty of care and diligence); or
(b) does not exercise their functions or discharge their duties under
the Act, section 66B (Duty of good faith and proper purpose); or
Model rules Schedule 1
Committee Part 1.4
Committee—election and removal Division 1.4.2
Section 48
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(c) contravenes—
(i) the Act, section 66C (Use of position); or
(ii) the Act, section 66D (Use of information); or
(d) fails to attend 2 consecutive committee meetings and does not
have the agreement of the committee to be absent from 1 or both
of the meetings; or
(e) does not exercise the functions of their office for a period of
3 months.
48 Committee—filling casual vacancies
(1) The committee may appoint a member to fill a position on the
committee that—
(a) was not filled at the last annual general meeting; or
(b) becomes vacant because a person’s committee membership ends
for a reason mentioned in section 46 (2) (b) to (e).
(2) If there is a vacancy on the committee during a term of the committee,
the committee may appoint a member to the committee for the
remainder of the term of the committee.
Note For laws about appointments, see the Legislation Act, pt 19.3.
(3) However, the committee must not appoint a member under this
section if disciplinary action has been taken against the member under
division 1.3.2 in the previous 2 years.
Note A person may also be disqualified from appointment to the committee
under the Act, s 63, s 63A and s 63B.
Schedule 1 Model rules
Part 1.4 Committee
Division 1.4.3 Committee meetings
Section 49
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Division 1.4.3 Committee meetings
49 Committee meetings
(1) The committee must meet (a committee meeting) at least 3 times
during its term.
(2) Committee meetings must be held on the dates and at the times and
places decided by the committee.
(3) The committee may, by resolution, decide to hold a committee
meeting using a method of communication, or a combination of
methods of communication, that allows a committee member taking
part to hear or otherwise know what each other committee member
taking part says without the members being in each other’s presence.
Examples—methods of communication
video conferencing software, instant messaging, telephone conferencing
(4) A committee member who takes part in a committee meeting
conducted under subsection (3) is taken, for all purposes, to be
present at the meeting.
50 Committee meetings—notice and business
(1) The secretary must give each committee member notice of a
committee meeting (a committee meeting notice) at least—
(a) 48 hours before the meeting; or
(b) if the committee unanimously agrees on another period—that
period before the meeting.
(2) The committee meeting notice must state—
(a) the date, time and place of the meeting; and
(b) the general nature of the business to be conducted at the meeting.
Model rules Schedule 1
Committee Part 1.4
Committee meetings Division 1.4.3
Section 51
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(3) The committee may conduct business at a committee meeting only
if—
(a) the business is mentioned in the committee meeting notice; or
(b) the majority of the committee members at the meeting agree
that—
(i) the business is urgent; and
(ii) it is appropriate to conduct the business at the meeting.
51 Committee meetings—chair
A committee meeting must be chaired by—
(a) the president; or
(b) if the president is absent—any vice president; or
(c) if the president and any vice president are absent—a committee
member elected to chair the meeting by the committee members
at the meeting.
52 Committee meetings—quorum
(1) The committee may conduct business at a committee meeting only if
there is a quorum of 3 committee members.
(2) If there is not a quorum at the time stated in the committee meeting
notice, the time of the meeting is taken to be postponed for
30 minutes.
(3) If there is not a quorum after the 30-minute postponement, the
meeting is ended.
Note If a quorum for a committee meeting is not reached because a committee
member present at the meeting has a personal interest in a matter being
considered, a general meeting may be called to pass a resolution to deal
with the matter (see Act, s 65A (3)).
Schedule 1 Model rules
Part 1.4 Committee
Division 1.4.3 Committee meetings
Section 53
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53 Committee meetings—voting
(1) Each committee member—
(a) has 1 vote on each question arising at the committee meeting;
and
(b) must vote personally.
Note A committee member who has a material personal interest in a matter
must not be present while the matter is being considered by the committee
and must not vote on the matter (see Act, s 65A).
(2) A motion is carried if a majority of the committee members at the
committee meeting vote in favour of the motion.
(3) However, if the votes on a question are equal, the chair has a second
or deciding vote.
(4) The committee members at a committee meeting may vote on a
question at the meeting orally, in writing or by a show of hands.
(5) However, a vote on a question at a committee meeting must be by
ballot conducted at the meeting if—
(a) the chair decides the vote is to be by ballot; or
(b) at least 2 committee members request the vote be by ballot.
(6) If a ballot is required, the chair must decide how the ballot is to be
conducted.
(7) For this section, voting personally includes voting while taking part
in a committee meeting conducted using a method of communication
that allows a committee member taking part to hear or otherwise
know what each other committee member taking part says without
the members being in each other’s presence.
Model rules Schedule 1
Committee Part 1.4
Committee meetings Division 1.4.3
Section 54
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54 Committee meetings—minutes
(1) The committee must ensure that minutes are taken and kept for each
committee meeting.
(2) The following must be recorded in the minutes:
(a) the names of the committee members at the meeting;
(b) whether the committee agreed that the minutes of the previous
meeting are correct;
(c) a description of the business conducted at the meeting;
(d) if a committee member makes a disclosure of a material personal
interest as required by the Act, section 65 (1)—
(i) the nature and extent of the interest; and
(ii) the relation of the interest to the Association’s activities;
(e) any motion on which a vote is taken at the meeting and the
outcome of the vote.
Note A summary of the minutes of committee meetings must be provided to
members on request (see Act, s 35). However, the committee may refuse
access if satisfied that allowing access would be prejudicial to the
Association’s interests (see Act, s 35A).
55 Committee meetings—records
The committee must keep the following records for each committee
meeting:
(a) committee meeting notices;
(b) minutes of committee meetings;
(c) copies of documents considered at committee meetings.
Schedule 1 Model rules
Part 1.5 Annual and other general meetings
Section 56
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Part 1.5 Annual and other general
meetings
Note The provisions in this part apply to all general meetings, including annual
general meetings, unless otherwise stated.
56 General meetings—called by committee
The committee may call a general meeting whenever it considers
appropriate.
Note 1 The Association must hold its first annual general meeting within
18 months after it is incorporated (see Act, s 68).
Note 2 The Association must hold an annual general meeting once each calendar
year, within 5 months after the end of the Association’s financial year
(see Act, s 69).
Note 3 The Association’s incorporation may be cancelled if it has not convened
an annual general meeting during the previous 3 years
(see Act, s 93 (1) (d)).
57 General meetings—called at request of members
(1) The committee must call a general meeting (other than an annual
general meeting) if—
(a) at least 5% of the members of the Association ask for a meeting
to be called (the requesting members); and
(b) the request—
(i) is made in writing; and
(ii) is given to the secretary; and
(iii) states the purpose of the meeting; and
(iv) is signed by the requesting members.
Model rules Schedule 1
Annual and other general meetings Part 1.5
Section 58
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(2) If the committee does not call a general meeting within 1 month after
the date of the request, a requesting member may call a general
meeting to be held not more than 3 months after the date of the
request.
(3) If a general meeting is called under subsection (2), the requesting
members must give the general meeting notice required under
section 58 (1).
(4) The committee must reimburse any reasonable expenses incurred by
the requesting members in calling a general meeting under
subsection (2).
58 General meetings—virtual attendance
(1) A general meeting may be held using a method of communication, or
a combination of methods of communication, that allows a member
taking part to hear or otherwise know what each other member taking
part says without the members being in each other’s presence if—
(a) the committee decides, by resolution, to hold the meeting using
the method of communication; or
(b) for a meeting called by a requesting member under
section 57 (2)—the requesting member decides to hold the
meeting using the method of communication.
Examples—methods of communication
video conferencing software, instant messaging, telephone conferencing
(2) A member who takes part in a general meeting conducted under
subsection (1) is taken, for all purposes, to be present at the meeting.
Schedule 1 Model rules
Part 1.5 Annual and other general meetings
Section 59
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59 Annual general meetings—notice and business
(1) The committee must give each member written notice of an annual
general meeting at least 14 days before the meeting.
(2) The notice must—
(a) state the date, time and place of the annual general meeting; and
(b) include the agenda for the annual general meeting; and
(c) attach minutes of the previous annual general meeting; and
(d) provide information and documents directly relevant to any
matters to be decided, dealt with or done at the annual general
meeting.
Examples—information relevant to matters to be decided
1 information about nominees for committee membership
2 information about a proposed budget for the Association
(3) The following must be done at an annual general meeting:
(a) the minutes of the previous annual general meeting must be
confirmed;
(b) the committee must be elected under section 45;
(c) the documents mentioned in the Act, section 73 (1) must be
presented;
Note The Act, s 73 (1) requires the committee to present a statement of
accounts, a reviewer’s or auditor’s report, and a report about the
committee membership, principal activities and profit or loss.
(d) the documents the Association is required to lodge with the
registrar-general under the Act, section 79 (1) must be dealt
with.
Model rules Schedule 1
Annual and other general meetings Part 1.5
Section 60
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60 Other general meetings—notice and business
(1) The committee, or the requesting member for a meeting called under
section 57 (2), must give each member written notice of a general
meeting (a general meeting notice)—
(a) at least 14 days before the meeting; or
(b) if a special resolution is to be considered at the meeting—at least
21 days before the meeting.
Note A special resolution requires at least 21 days notice (see Act, s 70).
(2) A general meeting notice must—
(a) state the date, time and place of the meeting; and
(b) include the agenda for the meeting; and
(c) provide information and documents directly relevant to any
matters to be decided at the meeting.
(3) A member may give the secretary written notice about any business
the member would like included in the agenda for a general meeting.
(4) If a member gives the secretary written notice under subsection (3),
the secretary must include the business in the agenda for the next
general meeting.
(5) The chair of a general meeting must ensure that the only business
conducted at the meeting is—
(a) the business stated in the general meeting notice for the meeting;
and
(b) decisions about the procedure of the meeting.
Examples—decisions about procedure
1 election of chair for the general meeting
2 decision to adjourn the general meeting
Schedule 1 Model rules
Part 1.5 Annual and other general meetings
Section 61
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61 General meetings—authorising proxy
(1) A member of the Association (the authorising member) may
authorise another member (the proxy) to vote on their behalf at a
general meeting.
(2) However, a particular member must not be a proxy for more than
5 other members at a general meeting.
(3) The authorisation must—
(a) be in writing; and
(b) include the name and contact details of the authorising member
and the proxy; and
(c) be signed by the authorising member and the proxy; and
(d) include anything else required by the committee; and
(e) be in a form decided by the committee.
Note The committee may require form 2 in pt 1.8 to be used.
(4) The authorisation may include instructions about how the proxy is to
vote on the authorising member’s behalf.
(5) If the authorisation does not include instructions, the proxy may vote
on the authorising member’s behalf in any way the proxy considers
appropriate.
(6) The proxy may vote on the authorising member’s behalf at a general
meeting only if—
(a) the authorising member gives the authorisation to the secretary
not later than 24 hours before the general meeting; and
(b) the committee accepts the authorisation.
(7) The committee must not accept the authorisation of a proxy if the
committee has already accepted 5 authorisations for that proxy.
Model rules Schedule 1
Annual and other general meetings Part 1.5
Section 62
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(8) If the committee does not accept the authorisation, the committee
must, as soon as practicable before the meeting, give the authorising
member written notice that the authorisation has not been accepted.
(9) To remove any doubt, an authorising member is not taken to be
present at a general meeting only because they have authorised a
proxy to vote on their behalf at the meeting.
62 General meetings—chair
A general meeting must be chaired by—
(a) the president; or
(b) if the president is absent—any vice president; or
(c) if the president and any vice president are absent—a member
elected to chair the meeting by members at the meeting.
63 General meetings—quorum
(1) The members of the Association may conduct business at a general
meeting only if there is a quorum of members present.
(2) If a quorum of 5 members is not present at the time stated in the
general meeting notice, the time of the meeting is taken to be
postponed for 30 minutes.
(3) If a quorum of 5 members is not present after the 30-minute
postponement, the chair of the meeting may adjourn the meeting to
another day and time that is not earlier than 7 days, and not later than
14 days, after the meeting that is being adjourned.
(4) The committee must, within 48 hours after adjourning a meeting
under subsection (3), give each member written notice stating—
(a) that the meeting was adjourned under subsection (3); and
(b) the new date, time and place of the meeting.
Schedule 1 Model rules
Part 1.5 Annual and other general meetings
Section 64
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64 General meetings—voting
(1) Each member of the Association—
(a) has 1 vote on each question arising at a general meeting; and
(b) may vote—
(i) personally; or
(ii) if an authorisation of a proxy has been accepted by the
committee under section 61—by proxy.
(2) A motion is carried (except in the case of a special resolution) if a
majority of the members vote in favour of the motion.
Note A special resolution needs at least ¾ of the votes to pass (see Act, s 70).
(3) However, if the votes on a question are equal, the chair has a second
or deciding vote.
(4) The members at a general meeting may vote on a question at the
meeting orally, in writing or by a show of hands.
(5) However, a vote on a question at a general meeting must be by ballot
conducted at the meeting if—
(a) the chair decides the vote is to be by ballot; or
(b) at least 3 members request the vote be by ballot.
(6) For this section, voting personally includes voting while taking part
in a general meeting conducted using a method of communication
that allows a member taking part to hear or otherwise know what each
other member taking part says without the members being in each
other’s presence.
65 General meetings—minutes
(1) The secretary, or another person authorised by the committee, must
take and keep minutes of each general meeting.
Model rules Schedule 1
Annual and other general meetings Part 1.5
Section 66
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(2) The following must be recorded in the minutes:
(a) the names of the members present at the meeting;
(b) any authorisation of a proxy accepted by the committee under
section 61;
(c) a description of the business conducted at the meeting;
(d) if a vote is taken at the meeting—
(i) the motion on which the vote is taken; and
(ii) the outcome of the vote; and
(iii) whether the vote was taken orally, in writing, by a show of
hands or by ballot; and
(iv) the number of votes by proxy.
(3) The chair must review the minutes and sign them if they are correct.
(4) The outcome of a vote on a matter at a general meeting is taken to be
the resolution of the general meeting of the members of the
Association on the matter.
66 General meetings—adjournment
(1) The chair of a general meeting may, at any time, adjourn the meeting
if—
(a) there is a quorum; and
(b) the majority of members vote to adjourn the meeting.
(2) The only business that may be conducted on the resumption of an
adjourned meeting is the business that remained unfinished when the
meeting was adjourned.
Schedule 1 Model rules
Part 1.6 Financial matters
Section 67
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Part 1.6 Financial matters
67 Funds—source
(1) The Association’s funds may only be made up of—
(a) joining fees for the Association given under section 7 (1); and
(b) annual membership fees of members given under section 7 (2);
and
(c) donations; and
(d) any other source that the committee decides, subject to—
(i) the Act, section 114 (Investment with associations); and
(ii) a resolution passed by the Association at a general meeting.
(2) The committee must—
(a) ensure that all money received by the Association is deposited
into the Association’s account with a deposit taking institution
as soon as practicable after the money is received; and
(b) issue a receipt for any money received by the Association as
soon as practicable after the money is received, unless it is
impracticable to do so.
Examples—when impracticable to issue receipt
• a gold coin donation
• an anonymous donation
68 Funds—use and management
(1) The Association must—
(a) open and maintain an account with an authorised deposit-taking
institution; and
(b) pay all money received by the Association into the account; and
Model rules Schedule 1
Financial matters Part 1.6
Section 68
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(c) pay all amounts spent by the Association out of the account.
Note An authorised deposit-taking institution is an institution (eg a bank,
credit union or building society) that is authorised under the Banking
Act 1959 (Cwlth), s 9 (3) (see Legislation Act, dict, pt 1).
(2) The Association’s funds may only be used—
(a) for the Association’s objects; and
(b) either—
(i) in the way the committee decides; or
(ii) if a general meeting passes a resolution about the way the
funds are to be used—in accordance with the resolution.
(3) The committee may make payments on the Association’s behalf.
(4) The committee may delegate its functions under subsection (3) to—
(a) a committee member; or
(b) anyone employed or engaged by the Association.
Note For laws about delegations, see the Legislation Act, pt 19.4.
Schedule 1 Model rules
Part 1.7 Miscellaneous
Section 69
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Part 1.7 Miscellaneous
69 Records and other documents
(1) The secretary must keep all the Association’s records and other
documents, other than accounting records, in their custody or under
their control.
(2) The treasurer must keep the Association’s accounting records in their
custody or under their control.
(3) The secretary must ensure that all the Association’s records and other
documents (other than the register of members) are available for
inspection by a member free of charge at a place in the ACT at a
reasonable time.
Note 1 The committee may refuse to allow a member to inspect a record or other
document if satisfied that allowing access would be prejudicial to the
Association’s interests (see Act, s 35A).
Note 2 A copy of certain documents (including the Association’s rules) must
also be provided to members on request (see Act, s 35) unless the
committee is satisfied that allowing access would be prejudicial to the
Association’s interests (see Act, s 35A).
Note 3 The Act provides for inspection of the register of members (see Act,
s 67A). A member may apply to restrict access to personal information
of the member recorded on the register of members (see Act, s 67B).
70 Common seal
(1) If the Association has a common seal, the secretary must keep the
common seal in their custody.
(2) The common seal may only be attached to a document if its
attachment is—
(a) authorised by the committee; and
(b) witnessed by 2 committee members.
Note The Association’s documents may be authenticated or executed other
than under a common seal (see Act, s 55).
Model rules Schedule 1
Miscellaneous Part 1.7
Section 71
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71 Property of defunct association
The Association may pass a special resolution nominating another
association, or a fund, authority or institution, in which surplus
property of the Association will vest if the Association is dissolved or
wound up.
Note 1 If the Association does not nominate another association, fund, authority
or institution, the surplus property will vest in the registrar-general
(see Act, s 92 (1) (c)).
Note 2 An association may be nominated only if it complies with the
Act, s 92 (2). A fund, authority or institution may be nominated only if it
is in Australia and is mentioned in the Income Tax Assessment Act 1997
(Cwlth), sdiv 30-B (see Act, s 92 (1) (a) and (b)).
Note 3 A special resolution requires at least 21 days notice and needs to be
passed with at least ¾ of the votes (see Act, s 70).
Schedule 1 Model rules
Part 1.8 Forms
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Part 1.8 Forms
Form 1 Application for membership
(see s 4 (3))
Application for membership of [insert name of incorporated association]
I, .........................................................................................................................
name of applicant
of ........................................................................................................................
contact details of applicant
apply to become a member of the Association.
As a member, I agree to—
(a) support the Association’s objects; and
(b) comply with the Associations Incorporation Act 1991 and the
Association’s rules.
……………………….. ……………………..
signature of applicant date
Nomination
I, .........................................................................................................................
name of nominator
a member of the Association, nominate
............................................................................................................................
name of applicant
Model rules Schedule 1
Forms Part 1.8
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for membership.
……………………….. ……………………..
signature of nominator date
Schedule 1 Model rules
Part 1.8 Forms
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Form 2 Proxy for meeting
(see s 61)
I, .........................................................................................................................
name of authorising member
of ........................................................................................................................
contact details of authorising member
a member of .......................................................................................................
name of Association
authorise..............................................................................................................
name of proxy
of ........................................................................................................................
contact details of proxy
a member of the Association, to vote on my behalf at the ................................
type of meeting
held on……………………….and at any adjournment of that meeting.
date of meeting
……………………………… ………………………
signature of authorising member date
*My proxy is authorised to vote for/against the resolution ...............................
insert details of resolution
*to be inserted if desired
Model rules Schedule 1
Dictionary Part 1.9
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Part 1.9 Dictionary
Note 1 Terms used in the Association’s rules have the same meaning that they
have in the Act. For example, the following terms are defined in the
Act, dict:
• accounting records
• annual general meeting
• committee
• incorporated
• member
• model rules
• objects
• register of members
• special resolution.
Note 2 The Legislation Act contains definitions relevant to the Association’s
rules. For example:
• authorised deposit-taking institution
• document
• may (see s 146)
• must (see s 146)
• writing.
Act means the Associations Incorporation Act 1991.
annual membership fee—see section 7 (2).
appeal notice—see section 32.
Association—see section 1.
authorising member, for a general meeting—see section 61 (1).
committee meeting—see section 49 (1).
committee meeting notice—see section 50 (1).
contact details, for a person, includes the person’s address, email and
telephone number.
Schedule 1 Model rules
Part 1.9 Dictionary
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decision-maker means—
(a) for a dispute resolution procedure—the person appointed under
section 15; and
(b) for a disciplinary procedure—the person appointed under
section 24.
disciplinary action, against a member of the Association in relation
to the member’s status as a member of the Association, for
division 1.3.2 (Disciplinary procedure)—see section 20.
disciplinary action decision—see section 27 (1) (b).
dispute decision—see section 18 (b).
dispute summary—see section 14 (2) (b).
due date, for payment of an annual membership fee—see
section 7 (4).
financial year means the year ending on 30 June.
Note Financial year is defined in the Act to mean the period not exceeding
12 months, fixed by the Association’s rules as the Association’s financial
year (see Act, dict).
general meeting notice—see section 60 (1).
ground for disciplinary action, for division 1.3.2 (Disciplinary
procedure)—see section 22.
joining fee—see section 7 (1).
party, to a dispute, for division 1.3.1 (Dispute resolution
procedure)—see section 12.
proposed disciplinary action—see section 23.
proxy, for a general meeting—see section 61 (1).
requesting members, for a general meeting—see section 57 (1) (a).
Model rules Schedule 1
Dictionary Part 1.9
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submission period—
(a) for a dispute resolution procedure—see section 17 (2) (a); and
(b) for a disciplinary procedure—see section 26 (2) (a).
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
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3 Legislation history
Associations Incorporation Regulation 2023 SL2023-25
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
remainder commenced 1 February 2024 (s 2)