ASSOCIATIONS INCORPORATION ACT 1991 - SECT 64 Vacancy in office of public officer
ASSOCIATIONS INCORPORATION ACT 1991 - SECT 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 insolvency agreement);
(C) section 206E (Court power of disqualification—repeated contraventions of Act); or
(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 insolvency agreement);
(C) section 279- 25 (Court power of disqualification—repeated contraventions of Act); or
(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.