Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 30

PART VI GENERAL MEETINGS AND ACCOUNTS

Annual general meeting

30. Annual general meeting



(1) An incorporated association shall, at least once in each calendar year,
convene a general meeting, to be called an annual general meeting, of its
members.

(2) An incorporated association may hold its first annual general meeting at
any time within the period of eighteen months after its incorporation.

(2A) The second and any subsequent annual general meeting must be held within
5 months after the end of the financial year of the incorporated association.

(3) At the annual general meeting of an incorporated association, the
incorporated association shall submit to its members a statement containing
the particulars of the following-

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

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

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







   (d)  in respect of each trust of which the incorporated association was
        trustee during a period, being the whole or any part of the last
        financial year of the incorporated 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 securities of any description affecting
        any of the property of the trust at the end of that period; and

   (e)  any trust, held on behalf of the incorporated association by a person
        or body other than the incorporated association, in which funds or
        assets of the incorporated association are placed.

(3A) The statements submitted under subsection (3) must-

   (a)  give a true and fair view of the financial position of the
        incorporated association during and at the end of its last financial
        year; and

   (b)  in the case of a prescribed association, be accompanied by the
        accounts audited in accordance with section 30B.

(3B) At, or as soon as practicable after, the conclusion of the annual general
meeting of an incorporated association a committee member must certify, in the
form approved by the Registrar, that-

   (a)  the committee member attended the annual general meeting; and



   (b)  the statement referred to in subsection (3) was submitted to the
        members of the incorporated association at the annual general meeting.

(4) The public officer of an incorporated association must, within one month
after the date of the annual general meeting of the incorporated association
or, if the annual general meeting is not held within the period within which
it is required by this section to be held, within one month after the last day
of that period, give to the Registrar a statement in the form approved by the
Registrar-

   (a)  containing the particulars referred to in subsection (3) and any other
        prescribed particulars; and

   (aa) in the case of a prescribed association, accompanied by a copy of the
        accounts audited in accordance with section 30B and a copy of the
        auditor's report referred to in section 30B(1A); and

   (b)  if the meeting has been held, containing a statement from the public
        officer that the certificate referred to in subsection (3B) has been
        completed and signed by a committee member who attended the annual
        general meeting and that the certificate is being kept by the
        incorporated association; and

   (c)  if the meeting has been held, accompanied by a statement of the terms
        of any resolution passed at that meeting concerning that statement;
        and

   (d)  accompanied by the prescribed fee (if any).

Penalty: 5 penalty units.

(4A) The incorporated association must keep the statement referred to in
subsection (3) and the certificate referred to in subsection (3B) for at least
7 years after the date of submission or signature (as required).

Penalty: 20 penalty units.

(5) The Registrar may, on the application of the public officer of an
incorporated association accompanied by the prescribed fee, in his discretion,
extend, or further extend, the period for holding a general meeting or giving
a statement under subsection (4).

(6) An application for an extension under subsection (5) may be made, and the
power of the Registrar under that subsection may be exercised, notwithstanding
that the period sought to be extended has expired.

(7) The Registrar may, by notice in writing given to an incorporated
association, exempt the incorporated association either generally or in
relation to a specified year from complying with the provisions of subsection
(4) and may, by notice in writing under his hand given to an incorporated
association, revoke any general exemption given under this subsection to the
incorporated association.

(7A) An incorporated association must make available for inspection by its
members a copy of the trust deed of any trust referred to in a statement under
subsection (3)(e).





(8) Where an incorporated association fails to comply with the provisions of
this section, the incorporated association and each member of the committee or
other body having the management of the incorporated association is guilty of
an offence and liable to a penalty not exceeding 5 penalty units.