Document ID: chunk:federal_register_of_legislation:C2004A04480:body:0:p8
Version: federal_register_of_legislation:C2004A04480
Segment Type: other
Provision Reference: 
Character Range: 17635–20413

Registrar under subsection 58(3) or (4).

"(3) As soon as practicable after the report has been prepared, the Governing Committee must cause a person authorised by the Registrar for the purposes of this section:

   (a) to examine:

         (i) whether the Governing Committee and the Association have complied with the obligations imposed by this Act, the regulations and the Rules of the Association; and

         (ii) whether the balance sheet and income and expenditure statement are based on proper accounts and records and are in agreement with those accounts and records; and

     (b) to give the Governing Committee a report ('examiner's report') of the results of that examination, drawing attention to any irregularity that it has disclosed.

"(4) The Governing Committee must file with the Registrar a copy of the Committee's report and the examiner's report as soon as practicable after receiving the latter and in any case not later than 31 December after the end of the relevant financial year.

  "(5) The Governing Committee must:

    (a)     make a copy of the Committee's report and the examiner's report available at the next annual general meeting after they have been prepared; and

    (b)     make a copy of the Committee's report and the examiner's report available for inspection at all reasonable times by members of the Association.

"(6) If the Association is incorporated at any time in April, May or June in a financial year:

    (a)     this section applies as if the reference in subsection (2) to 30 June were a reference to the 30 June ending the next financial year; and

    (b)     the period from the date of incorporation to that 30 June is to be treated as a financial year.

"(7) If the Governing Committee fails, without reasonable excuse, to comply with a provision of this section, each member of the Committee is guilty of an offence punishable, on conviction, by a fine not exceeding $200.

"(8) In a prosecution of a person for an offence against subsection (7) arising out of a contravention of a provision of this section, it is a defence if the person proves that the person:

  (a)     did not aid, abet, counsel or procure the contravention; and

    (b)    was not in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the contravention.".

Exemption from section 59 in certain circumstances

15. Section 59A of the Principal Act is amended by omitting "Penalty: $50" and substituting "Penalty: $200".

16. Section 60 of the Principal Act is repealed and the following sections are substituted:

Examination of documents

"60.(1) The Registrar may, at any time, cause a person authorised by the Registrar for the purposes of this section to examine the documents of an Incorporated