New South Wales Consolidated Acts

PARENTS AND CITIZENS ASSOCIATIONS INCORPORATION ACT 1976 - SECT 5

5 Constitution and decisions of corporation and governing body

(1) Where the Minister publishes a notice under section 3 (2):

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

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

(c) any decision that, before the publication of the notice, was made at any annual conference referred to in that instrument or by that executive council shall be deemed respectively to be a decision made by that corporation or by its governing body.

(2) The annual conference of the corporation referred to in its constitution is a general meeting of the members of the corporation, and a decision of the annual conference of the 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) Where the 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) Where the Minister publishes a notice under section 3 (2), a person who, immediately before the publication of the notice, held an office (including the office of member of the executive council) specified in the constitution, or in the constitution and by-laws, of the Federation continues to hold that office under the constitution of the corporation until, under or in accordance with that constitution, the person vacates office or the person’s successor is appointed.