ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 88 Return of documents belonging to incorporated association

ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 88

    (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 relevant 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 after 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 the original copies of any relevant documents to the committee of the association.

Penalty:     5 penalty units.

    (3)     If—

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

        (b)     a written request from the secretary or the statutory manager of the 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 after receipt of the request—

the 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 association.

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

__________________

PART 7—FINANCIAL REPORTING