New South Wales Consolidated Acts

LOCAL GOVERNMENT ASSOCIATIONS INCORPORATION ACT 1974 - SECT 6

6 Constitution and decisions of corporation and governing body

(1) Upon the publication of a notification under section 3 (2) with respect to an association:

(a) the instrument that, pursuant to section 3 (1), was lodged with respect to the association becomes the constitution of the corporation that corresponds to that association,

(b) the executive committee, executive council or executive referred to in that instrument becomes the governing body of that corporation, and

(c) any decisions that, before publication of the notification, were made at any annual conference referred to in that instrument or by that executive committee, executive council or executive shall be deemed respectively to be decisions made by that corporation and by its governing body.

(2) The annual conference of a corporation referred to in its constitution is a general meeting of the members of the corporation, and a decision of the annual conference of a corporation is a decision of the corporation except to the extent that it is inconsistent with this Act or the constitution of the corporation.

(3) When a governing body constituted by subsection (1) (b) makes a decision at a duly convened meeting at which a quorum is present, the decision is the decision of the corporation of which it is the governing body except to the extent that it is inconsistent with this Act, the constitution of the corporation or a decision of the annual conference of the corporation.

(4) A person who, immediately before the publication of a notification pursuant to section 3 (2), held an office (including the office of member of the executive committee, executive council or executive) specified in the constitution, or the constitution and rules, of the association to which the notification relates continues to hold that office under the constitution of the corporation that corresponds to that association until, in accordance with that constitution, he vacates his office or his successor is appointed.