Victorian Current Acts

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ASSOCIATIONS INCORPORATION REFORM ACT 2012 - SECT 5

Authority to apply for incorporation

    (1)     A majority of members of an association that is unincorporated and that is not a registrable body within the meaning of section 10 may—

        (a)     authorise a person who is at least 18 years of age and is resident in Australia to apply to the Registrar for the incorporation of the association; and

        (b)     approve the rules of the proposed incorporated association.

    (2)     For the purposes of subsection (1), a majority of members of an association is taken to have given the authorisation and approval under that subsection if—

        (a)     a majority of members of the association voting at a meeting of the association vote in favour of a motion to give that authorisation and approval; and

        (b)     at least 21 days' notice of the meeting and the intention to put the motion to a vote at the meeting has been given to all members of the association.

    (3)     For the purposes of subsection (2)(a), a member votes at a meeting if—

        (a)     the member votes in person at the meeting; or

        (b)     the member, if allowed, votes—

              (i)     by use of technology that allows the member to clearly and simultaneously communicate with other members present at the meeting; or

              (ii)     by proxy.



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