Associations Incorporation and Other Legislation Amendment Act 2007 (Qld)

Queensland Associations Incorporation and Other Legislation Amendment Act 2007 Act No. 16 of 2007

Queensland Associations Incorporation and Other Legislation Amendment Act 2007 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of Associations Incorporation Act 1981 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 6 Insertion of new s 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1B Act prevails if association’s rules are inconsistent with Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 6 (Association may resolve to incorporate and adopt proposed rules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of s 12 (Chief executive to make decision about application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of s 16 (Register of incorporated associations) . . . . 9 Insertion of new s 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16A Use of information on register . . . . . . . . . . . . . . . . . . 9 Amendment of s 17 (Registered office) . . . . . . . . . . . . . . . . . . . . 10 Amendment of s 18 (Inspecting register) . . . . . . . . . . . . . . . . . . . 10 Amendment of s 29 (Name of incorporated association to include ‘incorporated’ etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Amendment of s 32 (Name of incorporated association to appear on documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Replacement of s 54 (Form in which rules must be kept) . . . . . . 11 54 Form in which rules must be kept. . . . . . . . . . . . . . . . 12 Replacement of ss 55 and 56. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 55 Annual general meetings . . . . . . . . . . . . . . . . . . . . . . 12 56 Rules may allow meetings using communication technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2 Associations Incorporation and Other Legislation Amendment Act 2007 No. 16, 2007 16 Amendment of s 57 (General meetings) . . . . . . . . . . . . . . . . . . . 13 17 Insertion of new ss 57A and 57B . . . . . . . . . . . . . . . . . . . . . . . . . 13 57A Minimum quorum for general meetings . . . . . . . . . . . 13 57B Inspection of minutes . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Replacement of pt 6, div 2 (Audits) . . . . . . . . . . . . . . . . . . . . . . . 14 Division 2 Financial reporting for incorporated associations 58 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 58A Meaning of reportable financial year . . . . . . . . . . . . . 15 59 Level 1 incorporated associations and particular level 2 and 3 incorporated associations . . . . . . . . . . . 17 59A Other level 2 incorporated associations . . . . . . . . . . . 19 59B Other level 3 incorporated associations . . . . . . . . . . . 21 59C Inspection of financial documents . . . . . . . . . . . . . . . 22 59D Defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 59E Approved persons . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 19 Amendment of s 62 (Election of management committee) . . . . . 23 20 Amendment of s 63 (Meetings of management committee). . . . . 23 21 Insertion of new s 63A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 63A Meetings by using communication technology . . . . . . 24 22 Amendment of s 66 (Management committee to ensure association has appropriate individual as secretary) . . . . . . . . . . 24 23 Replacement of s 67 (Secretary may be appointed or removed at any time). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 67 Management committee may appoint or remove secretary at any time . . . . . . . . . . . . . . . . . . . . . . . . . 24 24 Insertion of new s 69A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 69A Functions of secretary . . . . . . . . . . . . . . . . . . . . . . . . 25 25 Replacement of s 70 (Insurance) . . . . . . . . . . . . . . . . . . . . . . . . . 25 70 Public liability insurance generally . . . . . . . . . . . . . . . 25 70A Particular incorporated associations must have public liability insurance . . . . . . . . . . . . . . . . . . . . . . . 27 26 Amendment of s 91 (Declaration of applied Corporations legislation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 27 Amendment of s 93 (Cancellation of incorporation) . . . . . . . . . . . 27 28 Amendment of s 113 (Who may make an appeal?) . . . . . . . . . . . 28 29 Insertion of new s 119A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 119A Chief executive may ask for information or documents ........................... 28

3 Associations Incorporation and Other Legislation Amendment Act 2007 No. 16, 2007 30 31 32 33 34 35 36 37 Part 3 38 39 Part 4 40 41 Schedule Amendment of s 126 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 127 (Evidentiary provisions) . . . . . . . . . . . . . . . Amendment of s 129 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 130A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130A Documents not in English language. . . . . . . . . . . . . . Amendment of s 138 (Service). . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 16, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 145 (Transitional provision for AuditLegislationAmendment Act 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 16, div 2 and schedule . . . . . . . . . . . . . . . . . . Division 2 Transitional provisions for Associations Incorporation and Other Legislation Amendment Act 2007 146 Nominated address . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Association’s name. . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Financial reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Approved persons . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule Dictionary Amendment of ClassificationofComputerGamesandImages Act 1995 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5 (Classification of computer games by computer games classification officer) . . . . . . . . . . . . . . . . . . . . . Amendment of ClassificationofPublicationsAct1991 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 32 (Evidentiary provisions) . . . . . . . . . . . . . . . . Minor amendments of Associations Incorporation Act 1981 29 29 30 30 30 30 30 31 31 31 31 32 32 32 33 33 33 34 35

Queensland Associations Incorporation and Other Legislation Amendment Act 2007 Act No. 16 of 2007 An Act to amend the Associations Incorporation Act 1981 , the Classification of Computer Games and Images Act 1995 and the Classification of Publications Act 1991 [Assented to 20 March 2007]

s1 6 s4 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Associations Incorporation and Other Legislation Amendment Act 2007 . 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Amendment of Associations Incorporation Act 1981 3 Act amended in pt 2 and schedule This part and the schedule amend the AssociationsIncorporation Act 1981. 4 Insertion of new s 1B After section 1A— insert— ‘1B Act prevails if association’s rules are inconsistent with Act ‘To remove any doubt, it is declared that if a rule of an association is inconsistent with this Act, this Act prevails to the extent of the inconsistency.’.

s5 7 s5 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 5 Amendment of s 2 (Definitions) (1) Section 2, ‘In this Act—’— omit, insert— ‘The dictionary in the schedule defines particular words used in this Act.’. (2) Section 2— insert— ‘ accountant see section 58. approved person see section 58. auditor see section 58. audit report see section 59(2)(c). current assets , for part 6, division 2, see section 58. end date see section 58. financial document , of an incorporated association, means any of the following— (a) the association’s financial statement; (b) the audit report mentioned in section 59(2)(c); (c) the statement of an auditor, an accountant or approved person mentioned in section 59A(2)(b)(ii); (d) the statement of the association’s president or treasurer mentioned in section 59B(2)(b)(ii). financial statement , for an incorporated association, means a statement containing the following particulars— (a) the association’s income and expenditure during the financial year to which the statement relates; (b) the association’s assets and liabilities as at the end date of the financial year to which the statement relates; (c) the mortgages, charges and securities affecting the association’s property as at the end date of the financial year to which the statement relates.

s6 8 s7 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 financial year , for an incorporated association, means the 12 month period adopted by the association as its financial year in its rules. level 1 incorporated association , for part 6, division 2, see section 58. level 2 incorporated association , for part 6, division 2, see section 58. level 3 incorporated association , for part 6, division 2, see section 58. nominated address , for an incorporated association, see section 17(1). reportable financial year see section 58A. total revenue , for part 6, division 2, see section 58.’. (3) Section 2, definitions, as amended— relocate to the schedule, as inserted by this Act. 6 Amendment of s 6 (Association may resolve to incorporate and adopt proposed rules) Section 6(1), ‘special resolution’— omit, insert— ‘resolution passed at a meeting of the association by the votes of at least 3/4 of the association’s members who are present and entitled to vote on the resolution’. 7 Amendment of s 12 (Chief executive to make decision about application) Section 12— insert— ‘(2) Without limiting the grounds on which the chief executive may refuse an application for incorporation, the chief executive may refuse the application if the chief executive is satisfied that the proposed rules of the association do not comply with this Act.’.

s8 9 s9 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 8 Amendment of s 16 (Register of incorporated associations) (1) Section 16(2)(b)— omit, insert — ‘(b) the association’s nominated address;’. (2) Section 16— insert — ‘(3) The register must also include the copies of the association’s financial documents given to the chief executive under part 6, division 2.’. 9 Insertion of new s 16A After section 16— insert— ‘16A Use of information on register ‘(1) A person must not— (a) use information obtained from the register of an incorporated association to contact, or send material to, the association or a member of the association for the purpose of advertising for political, religious, charitable or commercial purposes; or (b) disclose information obtained from the register of an incorporated association to someone else, knowing that the information is likely to be used to contact, or send material to, the association or a member of the association for the purpose of advertising for political, religious, charitable or commercial purposes. Example for subsection (1) — putting a person’s name and address on a mailing list for advertising material Maximum penalty—10 penalty units. ‘(2) Subsection (1) does not apply if the use or disclosure of the information is approved by the incorporated association.’.

s 10 10 s 11 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 10 Amendment of s 17 (Registered office) (1) Section 17, heading— omit, insert — ‘17 Nominated address for service’. (2) Section 17(1)— omit, insert— ‘(1) The members of the management committee of an incorporated association— (a) must ensure that the association has an address nominated for the service of documents on the association (a nominated address ) complying with subsection (2); and (b) must give the chief executive written notice of the nominated address in the approved form. Maximum penalty for each member of the management committee—5 penalty units.’. (3) Section 17(2) and example, ‘registered office’— omit, insert— ‘nominated address’. (4) Section 17(4)— omit, insert— ‘(4) The members of the management committee may change the incorporated association’s nominated address by giving the chief executive notice in the approved form.’. 11 Amendment of s 18 (Inspecting register) (1) Section 18— insert— ‘(2A) However, the chief executive may, on the application of an incorporated association or a member of an incorporated association, withhold information about the association or a member of the association from the register available for

s 12 11 s 14 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 inspection by another person if the chief executive has reasonable grounds for believing the disclosure of the information would put the association or member at risk of harm. Examples of information chief executive may withhold — • address of a women’s refuge • address of a member of an incorporated association who is a party to a domestic violence order’. (2) Section 18(2A) and (3)— renumber as section 18(3) and (4). 12 Amendment of s 29 (Name of incorporated association to include ‘incorporated’ etc.) (1) Section 29, heading— omit, insert— ‘29 Incorporated association’s name to include ‘incorporated’ and be in English characters’. (2) Section 29— insert— ‘(3) The association’s name must be in English characters.’. 13 Amendment of s 32 (Name of incorporated association to appear on documents) (1) Section 32, heading, ‘Name’— omit, insert— ‘ Registered name ’. (2) Section 32, ‘name in legible characters’— omit, insert— ‘registered name in legible English characters’. 14 Replacement of s 54 (Form in which rules must be kept) Section 54—

s 15 12 s 15 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 omit, insert— ‘54 Form in which rules must be kept ‘(1) The secretary of an incorporated association must ensure that the association’s rules, as lodged with the chief executive, or a copy of the rules that is given to someone, are set out in printed legible form. Maximum penalty—5 penalty units. ‘(2) If an incorporated association’s rules are not written in the English language, the secretary of the association must ensure that a translation of the rules into English, certified by a person to be a correct translation, accompanies any copy of the rules that is given to someone. Maximum penalty—5 penalty units. ‘(3) However, the secretary of an incorporated association does not commit an offence against subsection (2) if the person to whom the copy of the rules is given indicates he or she does not require a translation of the rules.’. 15 Replacement of ss 55 and 56 Sections 55 and 56— omit, insert— ‘55 Annual general meetings ‘An incorporated association must hold an annual general meeting within 6 months after the end date of the association’s reportable financial year. ‘56 Rules may allow meetings using communication technology ‘(1) The rules of an incorporated association may permit the association to hold meetings, or permit members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen. Example of use of technology — teleconferencing

s 16 13 s 17 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 ‘(2) A member who participates in a meeting under subsection (1) is taken to be present at the meeting.’. 16 Amendment of s 57 (General meetings) (1) Section 57, heading— omit, insert — ‘57 Management committee to ensure association complies with its rules for meetings’. (2) Section 57(3)— omit. 17 Insertion of new ss 57A and 57B Part 6, division 1, after section 57— insert — ‘57A Minimum quorum for general meetings ‘(1) The quorum for a general meeting of an incorporated association is at least the number of members elected or appointed to the association’s management committee at the close of the association’s last general meeting plus 1. ‘(2) However, if all members of the association are members of the association’s management committee, the quorum is the total number of members less 1. ‘(3) If an incorporated association makes a decision at a meeting of the association for which there is no quorum, the decision has no effect. ‘57B Inspection of minutes ‘(1) If asked by a member of an incorporated association, the association’s secretary must, within 28 days after the request is made— (a) make the minute book for a particular general meeting available for inspection by the member at a mutually agreed time and place; and

s 18 14 s 18 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 (b) give the member copies of the minutes of the meeting. ‘(2) The incorporated association may require the member to pay the reasonable costs of providing copies of the minutes.’. 18 Replacement of pt 6, div 2 (Audits) Part 6, division 2— omit, insert — ‘Division 2 Financial reporting for incorporated associations ‘58 Definitions for div 2 ‘In this division— accountant means— (a) a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or (b) a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or (c) a member of the National Institute of Accountants who is entitled to use the letters ‘MNIA’, ‘FNIA’, ‘PNA’ or ‘FPNA’. approved person means a person approved for an incorporated association by the chief executive under section 59E. auditor means a person registered as an auditor under the Corporations Act. current assets , of an incorporated association, means the assets held by the association as at the end date of the association’s last financial year, other than real property or assets capable of depreciation, and includes amounts held in financial institutions, stocks and debentures.

s 18 15 s 18 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 Examples of assets capable of depreciation — • vehicles • office equipment end date , in relation to an incorporated association’s financial year, means the date stated in the association’s rules to be the end date or closing date of the association’s financial year. level 1 incorporated association means an incorporated association that has— (a) current assets of more than the amount prescribed under a regulation or, if no amount is prescribed, more than $100000; or (b) total revenue of more than the amount prescribed under a regulation or, if no amount is prescribed, more than $100000. level 2 incorporated association means an incorporated association that is not a level 1 incorporated association or a level 3 incorporated association. level 3 incorporated association means an incorporated association that has— (a) current assets of less than the amount prescribed under a regulation or, if no amount is prescribed, less than $20000; and (b) total revenue of less than the amount prescribed under a regulation or, if no amount is prescribed, less than $20000. total revenue , of an incorporated association, means the association’s total income during the last financial year from all the association’s activities before any expenses, including the cost to the association of goods sold by the association, are deducted. ‘58A Meaning of reportable financial year ‘(1) An incorporated association’s reportable financial year is the same as the association’s financial year. ‘(2) However, subsection (1) is subject to subsections (3) to (6).

s 18 16 s 18 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 ‘(3) If an association is incorporated within 3 months before the end date of the association’s financial year, the association’s first reportable financial year is the period starting on the day of incorporation and ending on the second end date after incorporation. Example for subsection (3) — The end date of an association’s financial year is 30 June 2007. The association was incorporated on 1 April 2007. The period from 1 April 2007 until 30 June 2008 is a reportable financial year. ‘(4) If an association is incorporated more than 3 months before the end date of the association’s financial year, the association’s first reportable financial year is the period starting on the day of incorporation and ending on the first end date after incorporation. Example for subsection (4) — The end date of an association’s financial year is 30 June 2007. The association was incorporated on 1 March 2007. The period from 1 March 2007 until 30 June 2007 is a reportable financial year. ‘(5) If an association changes its financial year and the end date of the changed financial year is 15 months or less after the end date of the association’s last financial year, the association has a reportable financial year for the period starting on the day after the end date of the association’s last financial year and ending on the end date of the association’s changed financial year. Example for subsection (5) — The end date of an association’s financial year is 30 June 2007. At a general meeting, the association’s financial year is changed to have an end date of 31 July. The period from 1 July 2007 until 31 July 2008 is a reportable financial year. ‘(6) If an association changes its financial year and the end date of the changed financial year is more than 15 months after the end date of the association’s last financial year, the association has a reportable financial year for the period starting on the day after the end date of the association’s last financial year and ending on the day that is 12 months before the end date of the association’s changed financial year.

s 18 17 s 18 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 Example for subsection (6) — The end date of an association’s financial year is 30 June 2007. At a general meeting, the association’s financial year is changed to have an end date of 31 October. The period from 1 July 2007 until 31 October 2007 is a reportable financial year in addition to the period from 1 November 2007 until 31 October 2008. Note — An incorporated association’s reportable financial year will never be less than 3 months or more than 15 months. ‘59 Level 1 incorporated associations and particular level 2 and 3 incorporated associations ‘(1) This section applies to the following— (a) a level 1 incorporated association; (b) a level 2 incorporated association, if the association is required to have an audit conducted under the Collections Act 1966 , the Gaming Machine Act 1991 or under any law for any other purpose; (c) a level 3 incorporated association, if the association is required to have an audit conducted under the Collections Act 1966 , the Gaming Machine Act 1991 or under any law for any other purpose. ‘(2) The members of the management committee of the incorporated association must ensure the association, within 6 months after the end date of each financial year— (a) prepares a financial statement for its last reportable financial year; and (b) has the financial statement audited by— (i) for a level 1 incorporated association—an auditor or an accountant; or (ii) for a level 2 or level 3 incorporated association mentioned in subsection (1)(b) or (c)—an auditor, an accountant, or an approved person; and (c) presents the financial statement and the signed report on the audit ( audit report ) to the association’s annual general meeting for adoption.

s 18 18 s 18 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 Maximum penalty— (a) for each member of the management committee of a level 1 incorporated association—20 penalty units; or (b) for each member of the management committee of a level 2 or level 3 incorporated association—10 penalty units. ‘(3) Within 1 month after the financial documents mentioned in subsection (2)(c) are presented to the association’s annual general meeting, the following must be lodged with the chief executive— (a) a copy of the financial statement for the reportable financial year— (i) as adopted at the annual general meeting, signed and dated by the president or treasurer of the association; or (ii) as presented to the annual general meeting, if it is not adopted at the meeting, signed and dated by the president or treasurer of the association; (b) a copy of the signed audit report; (c) a return in the approved form; (d) the fee prescribed under a regulation. ‘(4) If subsection (3) is not complied with, each of the following commit an offence— (a) the secretary of the incorporated association; (b) the president of the incorporated association; (c) the treasurer of the incorporated association. Maximum penalty—4 penalty units. ‘(5) A person must not audit a financial statement for an incorporated association if the person is— (a) the secretary, or a member of the management committee, of the incorporated association; or (b) an employee of the incorporated association; or

s 18 19 s 18 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 (c) a partner, employer, or employee of the secretary, or a partner, employer or employee of a member of the management committee, of the incorporated association; or (d) a spouse of a person mentioned in paragraph (a), (b) or (c); or (e) wholly or partly dependent on a person mentioned in paragraph (a), (b) or (c). Maximum penalty—10 penalty units. ‘(6) A person who is a partner in an unincorporated body must not audit a financial statement for an incorporated association if subsection (5) prohibits any of the partners of the unincorporated body from auditing the financial statement. Maximum penalty for subsection (6)—10 penalty units. Example for subsection (6)— A and B are partners in an accounting firm. A can not conduct an audit because, under subsection (5)(a), A is a member of the association’s management committee. B also can not conduct an audit because of subsection (6). ‘59A Other level 2 incorporated associations ‘(1) This section applies to a level 2 incorporated association that is not required to have an audit conducted under the Collections Act 1966 , the Gaming Machine Act 1991 or under any law for any other purpose. ‘(2) The members of the management committee of the level 2 incorporated association must ensure the association, within 6 months after the end date of each financial year— (a) prepares a financial statement for its last reportable financial year; and (b) presents to the association’s annual general meeting for adoption— (i) the financial statement; and (ii) a statement signed by an auditor, an accountant, or an approved person, that states—

s 18 20 s 18 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 (A) the person has sighted the association’s financial records; and (B) the association’s financial records show that the association has bookkeeping processes in place to adequately record the association’s income and expenditure and dealings with its assets and liabilities. Maximum penalty for each member of the management committee—10 penalty units. ‘(3) Within 1 month after the financial documents mentioned in subsection (2)(b) are presented to the association’s annual general meeting, the following must be lodged with the chief executive— (a) a copy of the financial statement for the reportable financial year— (i) as adopted at the annual general meeting, signed and dated by the president or treasurer of the association; or (ii) as presented to the annual general meeting, if it is not adopted at the meeting, signed and dated by the president or treasurer of the association; (b) a copy of the signed statement mentioned in subsection (2)(b)(ii); (c) a return in the approved form; (d) the fee prescribed under a regulation. ‘(4) If subsection (3) is not complied with, each of the following commit an offence— (a) the secretary of the incorporated association; (b) the president of the incorporated association; (c) the treasurer of the incorporated association. Maximum penalty—4 penalty units. ‘(5) A person must not sign the statement mentioned in subsection (2)(b)(ii) if the person is—

s 18 21 s 18 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 (a) the secretary, or a member of the management committee, of the incorporated association; or (b) an employee of the incorporated association; or (c) a partner, employer, or employee of the secretary, or a partner, employer or employee of a member of the management committee, of the incorporated association; or (d) a spouse of a person mentioned in paragraph (a), (b) or (c); or (e) wholly or partly dependent on a person mentioned in paragraph (a), (b) or (c). Maximum penalty for subsection (5)—10 penalty units. ‘59B Other level 3 incorporated associations ‘(1) This section applies to a level 3 incorporated association that is not required to have an audit conducted under the Collections Act 1966 , the Gaming Machine Act 1991 or under any law for any other purpose. ‘(2) The members of the management committee of the level 3 incorporated association must ensure the association, within 6 months after the end date of each financial year— (a) prepares a financial statement for its last reportable financial year; and (b) presents to the association’s annual general meeting for adoption— (i) the financial statement; and (ii) a statement signed by the association’s president or treasurer that states the association keeps financial records in a way that properly records the association’s income and expenditure and dealings with its assets and liabilities. Maximum penalty for each member of the management committee—10 penalty units.

s 18 22 s 18 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 ‘(3) Within 1 month after the financial documents mentioned in subsection (2)(b) are presented to the association’s annual general meeting, the following must be lodged with the chief executive— (a) a copy of the financial statement for the reportable financial year— (i) as adopted at the annual general meeting, signed and dated by the president or treasurer of the association; or (ii) as presented to the annual general meeting, if it is not adopted at the meeting, signed and dated by the president or treasurer of the association; (b) a copy of the signed statement mentioned in subsection (2)(b)(ii); (c) a return in the approved form; (d) the fee prescribed under a regulation. ‘(4) If subsection (3) is not complied with, each of the following commit an offence— (a) the secretary of the incorporated association; (b) the president of the incorporated association; (c) the treasurer of the incorporated association. Maximum penalty for subsection (4)—4 penalty units. ‘59C Inspection of financial documents ‘(1) If asked by a member of an incorporated association, the association’s secretary must, within 28 days after the request is made— (a) make the association’s financial documents available for inspection by the member at a mutually convenient time and place; and (b) give the member copies of the documents. Maximum penalty—4 penalty units.

s 19 23 s 20 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 ‘(2) The incorporated association may require the member to pay the reasonable costs of providing the copies of the documents. ‘59D Defence ‘It is a defence to a prosecution of a member of a management committee of an incorporated association for an offence against a provision of this division to prove the member took all reasonable steps to ensure the provision was complied with. ‘59E Approved persons ‘The chief executive may approve a person as an approved person for an incorporated association if the chief executive is satisfied the person has the necessary experience or qualifications to— (a) conduct an audit of an incorporated association under section 59; or (b) provide a signed statement mentioned in section 59A(2)(b)(ii).’. 19 Amendment of s 62 (Election of management committee) Section 62— insert— ‘(3) In this section— casual vacancy , on a management committee, means a vacancy that happens when an elected member of the management committee resigns, dies or otherwise stops holding office.’. 20 Amendment of s 63 (Meetings of management committee) Section 63(2)— omit .

s 21 24 s 23 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 21 Insertion of new s 63A After section 63— insert — ‘63A Meetings by using communication technology ‘(1) The management committee may hold meetings, or permit members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen. Example of use of technology — teleconferencing ‘(2) A member of a management committee who participates in a meeting under subsection (1) is taken to be present at the meeting.’. 22 Amendment of s 66 (Management committee to ensure association has appropriate individual as secretary) Section 66— insert — ‘(3) It is declared that— (a) a secretary mentioned in subsection (1)(a) or (b) is a member of the management committee; and (b) a secretary mentioned in subsection (1)(c) is not a member of the management committee.’. 23 Replacement of s 67 (Secretary may be appointed or removed at any time) Section 67— omit, insert — ‘67 Management committee may appoint or remove secretary at any time ‘(1) The management committee of an incorporated association may at any time— (a) appoint the association’s secretary; or

s 24 25 s 25 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 (b) remove a person appointed by the committee as the association’s secretary. ‘(2) If the management committee removes a secretary who was appointed as mentioned in section 66(1)(b), the removal does not otherwise affect the person’s membership of the management committee.’. 24 Insertion of new s 69A After section 69— insert — ‘69A Functions of secretary ‘(1) The secretary’s functions include— (a) calling meetings of the incorporated association, including preparing notices of a meeting and of the business to be conducted at the meeting in consultation with the president of the association; and (b) keeping minutes of each meeting; and (c) keeping copies of all correspondence and other documents relating to the association; and (d) maintaining the association’s register of members. ‘(2) Subsection (1)— (a) does not limit any other function the secretary has under any other provision of this Act; and (b) does not prevent an association’s rules from stating other functions for the secretary.’. 25 Replacement of s 70 (Insurance) Section 70— omit, insert — ‘70 Public liability insurance generally ‘(1) The management committee of an incorporated association must, at least annually, consider whether there is a need for

s 25 26 s 25 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 the incorporated association to take out public liability insurance. ‘(2) The management committee must report its decision about the need for public liability insurance for the association to the association’s members at the association’s next annual general meeting. ‘(3) If the management committee decides there is no need to take out public liability insurance, the committee must, at the annual general meeting— (a) give the association’s members reasons for the committee’s decision; and (b) advise the members that the failure to take out public liability insurance means that the association’s assets would be at risk if there were a successful claim against the association. ‘(4) The management committee must ensure that— (a) as soon as practicable after a person applies to become, but before the person becomes, a member of the association, the person is advised— (i) whether or not the association has public liability insurance; and (ii) if the association has public liability insurance—the amount of the insurance; and (b) before a person is elected or appointed as a member of the association’s management committee, the person is advised— (i) whether or not the association has public liability insurance; and (ii) if the association has public liability insurance—the amount of the insurance. ‘(5) The management committee must ensure that any person or entity with whom the association may have dealings, and which could be expected to have an interest in knowing whether or not the association has public liability insurance, is advised if the association does not have public liability insurance.

s 26 27 s 27 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 ‘(6) This section is subject to section 70A. Note — This section imposes obligations on a management committee but does not impose any criminal penalties in relation to breaches of those obligations. ‘70A Particular incorporated associations must have public liability insurance ‘(1) This section applies if an incorporated association is— (a) an owner of land; or (b) a lessee of land; or (c) a trustee of trust land under the Land Act 1994 . ‘(2) The members of the management committee of the incorporated association must ensure— (a) the association takes out public liability insurance in relation to the land in an amount decided by the management committee; and (b) the insurance cover is kept current at all times. Maximum penalty for each member of the management committee—2 penalty units. ‘(3) It is a defence to a prosecution of a member of a management committee for an offence against subsection (2) for the member to prove the member took all reasonable steps to ensure the association complied with subsection (2).’. 26 Amendment of s 91 (Declaration of applied Corporations legislation) Section 91(3)(d), ‘registered office of’— omit, insert — ‘nominated address for’. 27 Amendment of s 93 (Cancellation of incorporation) (1) Section 93(1)(f) to (h)—

s 28 28 s 29 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 renumber as section 93(1)(g) to (i). (2) After section 93(1)(e)— insert — ‘(f) an incorporated association has not lodged with the chief executive the documents required to be lodged under part 6, division 2;’. (3) Section 93(1) and (2), ‘by prepaid registered post,’— omit . 28 Amendment of s 113 (Who may make an appeal?) Section 113, ‘this Act’— omit, insert — ‘section 112’. 29 Insertion of new s 119A After section 119— insert — ‘119A Chief executive may ask for information or documents ‘(1) This section applies if the chief executive receives a complaint about a possible contravention of this Act. ‘(2) The chief executive may, by notice given to a relevant person, require the relevant person to— (a) give to the chief executive, within a stated reasonable time and in a stated reasonable way, information in the person’s knowledge about a stated matter relating to the incorporated association; or (b) give to the chief executive, within a stated reasonable time and in a stated reasonable way, a document in the person’s possession or control about a stated matter relating to the incorporated association. ‘(3) When making the requirement, the chief executive must warn the person it is an offence to fail to give the information, or

s 30 29 s 31 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 produce the document, unless the person has a reasonable excuse. ‘(4) The person must comply with a requirement under subsection (2), unless the person has a reasonable excuse. Maximum penalty—20 penalty units. ‘(5) It is a reasonable excuse for an individual to fail to comply with the requirement if complying with the requirement might tend to incriminate the individual. ‘(6) In this section— relevant person , in relation to a complaint, means— (a) a person who is, or was, a member of the management committee; or (b) a person who is, or was, an auditor, an accountant or an approved person who the chief executive believes, on grounds that are reasonable in the circumstances, has information or documents relevant to the matter of the complaint.’. 30 Amendment of s 126 (Evidence) Section 126(3), ‘actuary’— omit, insert — ‘accountant or approved person’. 31 Amendment of s 127 (Evidentiary provisions) (1) Section 127(1)(a), (b) and (c), ‘specified’— omit, insert — ‘stated’. (2) Section 127(1)(d)— omit, insert — ‘(d) that, on a date stated in the certificate, a financial document required to be given to the chief executive

s 32 30 s 35 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 under part 6, division 2 has, or has not, been received by the chief executive;’. 32 Amendment of s 129 (Delegation) Section 129(2)— omit . 33 Insertion of new s 130A After section 130— insert — ‘130A Documents not in English language ‘(1) If there is a requirement under this Act to lodge a document and the document is in a language other than English, the requirement is taken to include a requirement that a translation of the document into English, certified by a person to be a correct translation, be lodged at the same time. ‘(2) For the purpose of the administration of this Act, the English version of a document required for this Act prevails over a version of the document that is not in English.’. 34 Amendment of s 138 (Service) Section 138(1), before ‘address’— insert — ‘association’s nominated address, or to the’. 35 Insertion of new pt 16, div 1 hdg Part 16, before section 145— insert — ‘Division 1 Transitional provision for AuditLegislation Amendment Act 2006’.

s 36 31 s 37 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 36 Amendment of s 145 (Transitional provision for AuditLegislation Amendment Act 2006) Section 145, heading— omit, insert — ‘145 Audits’. 37 Insertion of new pt 16, div 2 and schedule After section 145— insert — ‘Division 2 Transitional provisions for Associations Incorporation and Other Legislation Amendment Act 2007 ‘146 Nominated address ‘(1) This section applies if, immediately before the commencement of this section, an incorporated association had a registered office complying with section 17(2) as in force immediately before the commencement. ‘(2) On the commencement, the incorporated association’s registered office is taken to be the association’s nominated address. ‘147 Association’s name ‘(1) This section applies if, on the commencement of this section, an incorporated association’s name does not comply with section 29(3). ‘(2) The incorporated association is not required to comply with section 29(3) until 3 months after the next annual general meeting of the association after the commencement.

s 37 32 s 37 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 ‘148 Insurance ‘(1) This section applies if an incorporated association has an annual general meeting within 3 months after the commencement of this section. ‘(2) The management committee of the incorporated association is not required to comply with section 70(2) and (3) until its second annual general meeting after the commencement. ‘149 Financial reporting ‘The provisions of part 6, division 2, as amended by the Associations Incorporation and Other Legislation Amendment Act 2007 , only apply to an incorporated association if the end date of the association’s reportable financial year happens after the commencement of this section. ‘150 Approved persons ‘(1) This section applies if, immediately before the commencement of this section, a person was approved by the chief executive under section 59(1)(b)(v), as in force immediately before the commencement, as having appropriate qualifications to audit the financial affairs of an incorporated association. ‘(2) On the commencement, the person is taken to be an approved person for the incorporated association. ‘Schedule Dictionary section 2’.

s 38 33 s 40 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 Part 3 Amendment of Classification of Computer Games and Images Act 1995 38 Act amended in pt 3 This part amends the Classification of Computer Games andImages Act 1995. 39 Amendment of s 5 (Classification of computer games by computer games classification officer) (1) Section 5(3), fifth dot point— omit, insert — ‘• the National Classification Code, to the extent it relates to computer games’. (2) Section 5— insert — ‘(4) In this section— National Classification Code means the Code under the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).’. Part 4 Amendment of Classification of Publications Act 1991 40 Act amended in pt 4 This part amends the Classification of Publications Act 1991.

s 41 34 s 41 Associations Incorporation and Other Legislation No. 16, 2007 Amendment Act 2007 41 Amendment of s 32 (Evidentiary provisions) (1) Section 32(1)(c)— renumber as section 32(1)(d). (2) Section 32(1)— insert — ‘(c) a specified publication would, if classified, on a relevant date or during a period of time, have been classified (and specifying the classification); or’.

35 Associations Incorporation and Other Legislation Amendment Act 2007 No. 16, 2007 Schedule Minor amendments of Associations Incorporation Act1981 section 3 1 Section 31, heading— omit, insert — ‘31 Registered name on seal’. 2 Sections 31, (other than heading), 35(1), 36(1) and (2), 37, 38, 46(2)(a) and 78, before ‘name’— insert — ‘registered’. 3 Sections 35 and 36, heading, before ‘name’— insert — ‘ registered ’. © State of Queensland 2007