Victorian Current Acts

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ASSOCIATIONS INCORPORATION REFORM ACT 2012 - SECT 119

Revocation of appointment

    (1)     A statutory manager of an incorporated association holds office until the statutory manager's appointment is revoked.

    (2)     A statutory manager's appointment is revoked if any of the following occurs—

        (a)     on application by the Registrar, the Magistrates' Court orders the revocation of the appointment of a statutory manager;

        (b)     a liquidator of the association is appointed by the Supreme Court;

        (c)     the association is registered or incorporated as a prescribed body corporate, within the meaning of Part 8;

        (d)     the Registrar cancels the incorporation of the association under section 138(1).

    (3)     Immediately on the revocation of a statutory manager's appointment, the statutory manager must submit to the Registrar a report showing how the statutory management was carried out.

    (4)     For the purposes of preparing the report the statutory manager has access to the records and documents of the association.

    (5)     The Registrar may provide a copy of the report to the association.

    (6)     On submitting the report under subsection (3) and accounting fully in relation to the statutory management of the association to the satisfaction of the Registrar, the statutory manager is released from any further duty to account in relation to the statutory management of the association other than on account of fraud, dishonesty, negligence or wilful failure to comply with this Act or the regulations.

    (7)     Before revoking the appointment of a statutory manager of an incorporated association, the Magistrates' Court must—

        (a)     appoint another statutory manager; or

        (b)     be satisfied that the committee members of the association have been elected in accordance with its rules at a meeting convened by the statutory manager in accordance with those rules; or

        (c)     be satisfied that the Registrar has appointed committee members of the association under subsection (8).

    (8)     The Registrar may appoint the committee members of an incorporated association for which a statutory manager is appointed.

    (9)     Committee members elected or appointed in accordance with this section—

        (a)     take office on revocation of the statutory manager's appointment; and

        (b)     in the case of committee members appointed by the Registrar—hold office, subject to section 123, until the next annual general meeting of the association after that revocation.



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