Replace Association Act 1984 Links with Accociation Act 2009 Links within current CAcert Inc rules

-or- Make CAcert Inc Rules compliant to Accociation Act 2009 rules

Introduction

Back in 2009 the Association Act has moved from Association Act rules ASSOCIATIONS_INCORPORATION_ACT_1984 to ASSOCIATIONS_INCORPORATION_ACT_2009. CAcert Inc rules referes back to Association Act rules of 1984. Many of the Association Act rules moved in topic number or some has been removed. To make the CAcert Inc rules Association Act 2009 compliant the minimum requirement is to replace the AA1984 links with the AA2009 links.

References

Motion

To fix identified Association Act 2009 rules within CAcert Inc rules that referes to Association Act 1984 rules.


1. Old text of Header

Rules CAcert Incorporated Association
under the Associations Incorporation Act, 1984

New text of Header

Rules CAcert Incorporated Association
under the Associations Incorporation Act, 2009


2. Old text of 1(1) Definitions

 1 Definitions
(1) In these rules:
    ...
    the Act means the Associations Incorporation Act 1984.

New text of 1(1) Definitions

 1 Definitions
(1) In these rules:
    ...
    the Act means the Associations Incorporation Act 2009.


3. Old text of rule 2.a Membership Qualification

2 Membership qualification
A person is qualified to be a member of the association if, but only if:
  (a) the person is a person referred to in section 15(1) (a), (b) or
      (c) of the Act and has not ceased to be a member of the
      association at any time after incorporation of the association
      under the Act, or
  (b) the person is a natural person:
      i.  who has been nominated for membership of the
          association as provided by rule 3, and
      ii. who has been approved for membership of the association
          by the committee of the association.

New Text of rule 2.a

2 Membership qualification
A person is qualified to be a member of the association if, but only if:
  (a) the person is a natural person:
      i.  who has been nominated for membership of the
          association as provided by rule 3, and
      ii. who has been approved for membership of the association
          by the committee of the association.


4. Old Text of rule 15.1 Constitution and membership

15 Constitution and membership
(1) Subject in the case of the first members of the committee to
    section 21 of the Act, the committee is to consist of:
    (a) the office-bearers of the association, and
    (b) 3 ordinary members, each of whom is to be elected at the
        annual general meeting of the association under rule 16.
(2) The office-bearers of the association are to be:
    (a) the president
    (b) the vice-president
    (c) the treasurer, and
    (d) the secretary
(3) Each member of the committee is, subject to these rules, to hold
office until the conclusion of the annual general meeting following
the date of the member's election, but is eligible for re-election.

New text of rule 15.1

15 Constitution and membership
(1) Subject in the case of the first members of the committee to
    section 28 of the Act, the committee is to consist of:
    (a) the office-bearers of the association, and
    (b) 3 ordinary members, each of whom is to be elected at the
        annual general meeting of the association under rule 16.
(2) The office-bearers of the association are to be:
    (a) the president
    (b) the vice-president
    (c) the treasurer, and
    (d) the secretary
(3) Each member of the committee is, subject to these rules, to hold
office until the conclusion of the annual general meeting following
the date of the member's election, but is eligible for re-election.


5. Old Text of rule 24.3 Annual general meetings - holding of

(3) Clauses (1) and (2) have effect subject to any extension or
permission granted by the Director-General under section 26(3) of
the Act.

New Text of rule 24.3

(3) Clauses (1) and (2) have effect subject to any extension or
permission granted by the Director-General under section 37(2) of
the Act.


6. Old Text of rule 25.2.d Annual general meetings - calling of and business at

25 Annual general meetings - calling of and business at

(2) (d) to receive and consider the statement which is required to be
        submitted to members under section 26(6) of the Act.

New Text of rule 25.2.d

25 Annual general meetings - calling of and business at

(2) (d) to receive and consider the statement which is required to be
        submitted to members under section 44 of the Act.


7. Old Text of rule Appendix 1

CAcert Incorporated (incorporated under the Associations Incorporation Act 1984.
...

New Text of rule Appendix 1

CAcert Incorporated (incorporated under the Associations Incorporation Act 2009.
...


Comments

[2011-11-02, UlrichSchroeter]


[2011-11-05, UlrichSchroeter]

[2011-11-21, UlrichSchroeter]

  1. Old Text of rule 25.2.d Annual general meetings - calling of and business at
    • is a wrong reference
      • reference in Association Act 2009 rule 44
    • should be rule 48 instead, as CAcert is a tier 2 association (see references above)
    • rule 44 and 48 differs in the audit report that is required for tier 1 associations. As long as CAcert is a tier 2 association, the auditor's report isn't required
      • 44 Submission of reports and statements to AGM
        At each annual general meeting of a Tier 1 association, the association's committee must cause:
        (a) the association's financial statements for the previous financial year, and
        (b) the auditor's report for those statements,
        to be submitted to the meeting.
        Maximum penalty: 5 penalty units.
        48 Submission of financial statements to AGM
        At each annual general meeting of a Tier 2 association, the association's committee must cause
        the association's financial statements for the previous financial year to be submitted to the
        meeting.
        Maximum penalty: 5 penalty units.

so New Text of rule 25.2.d should become:

25 Annual general meetings - calling of and business at

(2) (d) to receive and consider the statement which is required to be
        submitted to members under section 48 of the Act.

25 Annual general meetings - calling of and business at

(2) (d) to receive and consider the statement which is required to be
        submitted to members under section 44 for a tier 1 association
        -or- section 48 for a tier 2 association of the Act.



AGM/RuleChange/FixAssActLinks (last edited 2011-11-28 00:57:31 by UlrichSchroeter)