Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 29D

Return of documents belonging to the incorporated association

29D. Return of documents belonging to the incorporated association



(1) This section applies if-

   (a)  a person, by virtue of the person's office or role in or membership of
        an incorporated association, has in the person's custody documents of
        the association; and

   (b)  the person ceases to hold that office or have that role or ceases to
        be a member of the association.

(2) Within 28 days of the person ceasing to hold that office or have that role
or ceasing to be a member, the person, or the estate of the person, must
return those documents to the committee of the incorporated association.

(3) If-

   (a)  a person, or a person's estate, has failed to comply with subsection
        (2); and

   (b)  a written request from the public officer or the statutory manager of
        the incorporated association for the return of the documents has been
        sent by registered mail to the person, or the person's estate; and

   (c)  the documents have not been returned within 28 days of receipt of the
        request-

the incorporated association may apply to the Magistrates' Court for an order
directing the person, or the executor or administrator of the estate of the
person, to return the documents to the incorporated association.

(4) The Magistrates' Court may make the order applied for under subsection
(3).

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