Page 4840 - Week 15 - Thursday, 16 December 1993

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THE ASSOCIATIONS INCORPORATION ACT 1991 REFORMED THE LAW RELATING TO INCORPORATED ASSOCIATIONS IN THE A.C.T. IT INTRODUCED A MODERN CODE OF MANAGEMENT REQUIREMENTS AND STRUCTURES FOR RUNNING THOSE ASSOCIATIONS WHICH TOOK THE OPTION OF INCORPORATION.

AS WITH ANY SUBSTANTIAL NEW PIECE OF LEGISLATION SOME PROVISIONS HAVE COME TO LIGHT WHICH DO NOT OPERATE EXACTLY AS INTENDED OR WHICH CAUSE UNFORESEEN PROBLEMS TO SOME WHO SEEK TO USE IT. THESE ISSUES ARE NOTED BY THE REGISTRAR-GENERAL WHO ADMINISTERS THE ACT AND WILL BE CONSIDERED BY MY DEPARTMENT WHEN IT REVIEWS THE LEGISLATION.

ONE PROBLEM HAS COME TO LIGHT WHICH IS CAUSING CONSIDERABLE DIFFICULTIES FOR A SMALL NUMBER OF ASSOCIATIONS. BECAUSE OF THE NATURE OF THE PROBLEM I BELIEVE THAT IT SHOULD BE DEALT WITH STRAIGHT AWAY ALTHOUGH IT REQUIRES ONLY A MINOR CHANGE TO THE ASSOCIATIONS INCORPORATION ACT.

THE PROBLEM I REFER TO IS THAT VOTING PROVISIONS, SPECIFICALLY THOSE ABOUT SPECIAL RESOLUTIONS, DO NOT CONTEMPLATE A MEMBER OF AN ASSOCIATION HAVING MORE THAN ONE VOTE. IN FACT WE HAVE A NUMBER OF ASSOCIATIONS INCORPORATED UNDER A.C.T. LEGISLATION WHICH ARE LIKELY TO ALLOCATE A NUMBER OF VOTES TO EACH MEMBER.

THESE ARE THE FEDERATED ASSOCIATIONS - NATIONAL ASSOCIATIONS

WHOSE MEMBERS ARE THEMSELVES INCORPORATED ASSOCIATIONS FROM

EACH OF THE STATES AND TERRITORIES. THE FEDERATED ASSOCIATIONS

CHOOSE TO INCORPORATE HERE BECAUSE OF CANBERRAS POSITION AS THE

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