70Holding of meeting for appointment of directors of funeral contribution fund

#### 70 Holding of meeting for appointment of directors of funeral contribution fund 70 Holding of meeting for appointment of directors of funeral contribution fund > > (1) The Secretary may, at any time while an administrator of a funeral contribution fund is holding office as such, give to the administrator a direction requiring the administrator to call a general meeting of the fund for the purpose of appointing new directors of the fund. > > > (2) Where a direction has been given under subsection (1) to the administrator of a funeral contribution fund, the administrator shall call a meeting of the fund by notice in writing given not less than 14 days before the meeting or, where the rules of the fund provide for more than 14 days’ notice for the calling of extraordinary general meetings, by notice in writing given as if the meeting were an extraordinary general meeting. > > > (3) A meeting called under subsection (2) shall, notwithstanding that it is called by notice shorter than is required by that subsection, be deemed to be duly called if it is so agreed by a majority in number of the persons having a right to attend and vote at meetings of the funeral contribution fund. > > > (4) So far as the rules of the funeral contribution fund do not make other provisions in that behalf, notice of a meeting called under subsection (2) shall be served on every person having a right to vote at general meetings of the fund in the manner in which notices are required to be served by Part 2G.2 of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth. > > > (5) The accidental omission to give notice of a meeting called under subsection (2) to, or the non-receipt of notice of a meeting by, any person shall not invalidate proceedings at the meeting. > > > (6) The person present at a meeting called under subsection (2) and having a right to vote at that meeting shall appoint directors of the funeral contribution fund and immediately at the conclusion of that meeting the appointment of the administrator shall cease and the directors so appointed shall take office. > > > (7) The appointment of a director in accordance with this section is declared to be an excluded matter for the purposes of section 5F of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth in relation to the provisions of Division 1 of Part 2D.3 of that Act. > > > > Note— > > > > Section 5F of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth provides that if a State law declares a matter to be an excluded matter for the purposes of that section in relation to all or part of the Corporations legislation of the Commonwealth, then the provisions that are the subject of the declaration will not apply in relation to that matter in the State concerned. > > **s 70:** Am 1981 No 123, Sch 8; 2001 No 34, Sch 2.21 \[10\] \[11\].