New South Wales Consolidated Acts

ASSOCIATIONS INCORPORATION ACT 1984 - SECT 26

26 Annual general meeting

(1) Subject to subsection (2), an incorporated association shall, at least once in each calendar year and within the period of 6 months after the expiration of each financial year of the association, convene an annual general meeting of its members.

(2) An incorporated association shall hold its first annual general meeting:

(a) within the period of 18 months after its incorporation under this Act, and

(b) within the period of 6 months after the expiration of the first financial year of the association.

(3) The Director-General may, on application (accompanied by the prescribed fee) being made by the public officer of the incorporated association concerned, subject to such conditions as the Director-General thinks fit:

(a) extend the period of 6 months referred to in subsection (1) or the period of 18 months referred to in subsection (2), or

(b) permit an annual general meeting to be held in a calendar year other than the calendar year in which it would otherwise be required by subsection (1) to be held.

(4) An incorporated association is not in default in holding an annual general meeting under subsection (1) or (2) if, pursuant to an extension or permission under subsection (3), an annual general meeting is not held within the period or in the calendar year in which it would otherwise be required by subsection (1) or (2), as the case may be, to be held, but is held within the extended period or in the calendar year in which under subsection (3) it is permitted to be held.

(5) An application by an incorporated association for an extension of a period or for permission under subsection (3) shall be made before the expiration of that period or of the calendar year in which the annual general meeting would otherwise be required by subsection (1) or (2), as the case may be, to be held.

(6) At the annual general meeting of an incorporated association, the committee of the association shall submit to members of the association a statement which is not misleading and which gives a true and fair view of the following:

(a) the income and expenditure of the association during its last financial year,

(b) the assets and liabilities of the association at the end of its last financial year,

(c) the mortgages, charges and other securities of any description affecting any of the property of the association at the end of its last financial year,

(d) in respect of each trust of which the association was trustee during a period, being the whole or any part of the last financial year of the association:

(i) the income and expenditure of the trust during that period,

(ii) the assets and liabilities of the trust during that period, and

(iii) the mortgages, charges and other securities of any description affecting any of the property of the trust at the end of that period.

(7) Where an incorporated association fails to comply with the provisions of this section, the incorporated association and each member of the committee of the association is guilty of an offence and liable to a penalty not exceeding 2 penalty units.