Associations Incorporation Amendment Regulation 2023 (No 1) (ACT)

Case

Associations Incorporation Amendment Regulation 2023 (No 1)

Subordinate Law SL2023-24

The Australian Capital Territory Executive makes the following regulation under the Associations Incorporation Act 1991.

Dated 28 September 2023.

YVETTE BERRY

Acting Chief Minister

SHANE RATTENBURY

Minister

Associations Incorporation Amendment Regulation 2023 (No 1)

Subordinate Law SL2023-24

made under the

Associations Incorporation Act 1991

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            Schedule 1, new section 18 (2A) and (2B)  1

5            Schedule 1, new section 24A  2

6            Schedule 1, section 25 (2)  2

7           Schedule 1, section 28 (1)  3

8            Schedule 1, section 28 (1)  3

9            Schedule 1, section 28 (2)  3

10          Schedule 1, new section 28 (4)  3

11          Schedule 1, new section 29 (5)  4

  1. Name of regulation

    This regulation is the Associations Incorporation Amendment Regulation 2023 (No 1).

  2. Commencement

    This regulation commences on the expiry of the Associations Incorporation Act 1991, section 70AA.

    Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    Note 2A provision of an Act expires at the end of the day fixed for its expiry (see Legislation Act, s 85 (3); repeal in s 85 includes expiry, see s 82).

  3. Legislation amended

    This regulation amends the Associations Incorporation Regulation 1991.

  4. Schedule 1, new section 18 (2A) and (2B)

    insert

    (2A)The committee may, by resolution, decide to hold a committee meeting using a method of communication, or a combination of methods of communication, that allows a committee member taking part to hear or otherwise know what each other committee member taking part says without the members being in each other’s presence.

    Examples—methods of communication

    video conferencing software, instant messaging, telephone conferencing

    (2B)A committee member who takes part in a committee meeting conducted under subsection (2A) is taken, for all purposes, to be present at the meeting.

  5. Schedule 1, new section 24A

    insert

24AGeneral meetings—virtual attendance

(1)A general meeting may be held using a method of communication, or a combination of methods of communication, that allows a member taking part to hear or otherwise know what each other member taking part says without the members being in each other’s presence if—

(a)the committee decides, by resolution, to hold the meeting using the method of communication; or

(b)for a meeting called on the written requisition of members—the written requisition requests that the meeting be held using the method of communication.

Examples—methods of communication

video conferencing software, instant messaging, telephone conferencing

(2)A member who takes part in a general meeting conducted under subsection (1) is taken, for all purposes, to be present at the meeting.

  1. Schedule 1, section 25 (2)

    omit

    in person

    substitute

    at the meeting

  2. Schedule 1, section 28 (1)

    omit

    on a show of hands

    substitute

    using a relevant voting method

  3. Schedule 1, section 28 (1)

    omit

    on the declaration of the show of hands

    substitute

    when the question is decided using the relevant voting method

  4. Schedule 1, section 28 (2)

    omit

    in person or by proxy

    substitute

    or voting by proxy

  5. Schedule 1, new section 28 (4)

    insert

    (4)In this section:

    relevant voting method means a vote taken orally, in writing or by a show of hands.

  6. Schedule 1, new section 29 (5)

    insert

    (5)For this section, voting personally includes voting while taking part in a general meeting conducted using a method of communication, or a combination of methods of communication, that allows a member taking part to hear or otherwise know what each other member taking part says without the members being in each other’s presence.

Endnotes

  1. Notification

    Notified under the Legislation Act on 29 September 2023.

  2. Republications of amended laws

    For the latest republication of amended laws, see align="center">© Australian Capital Territory 2023

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