Re: [Linux-aus] Vote 1 fat bastard!

[Michael Still <mikal@stillhq.com>]

On Wed, 7 Jan 2004, Anthony Towns wrote:

> [0] "A brief discussion ensued regarding the fact that the Secretary
>      of the Organization is the Registered Public Officer of the Company,
>      and that since Linux Australia is incorporated in New South Wales
>      the Secretary needed to be resident in that state. It turned out both
>      candidates live in New South Wales and so this was not a problem."
> 
>    http://linux.org.au/minutes/030123_Members_AnnualGeneralMeeting_Minutes.html

Further to my terse response, here's what a couple of minutes digging 
comes up with. AUSTLII rocks.

http://www.austlii.edu.au/au/legis/nsw/consol_act/aia1984307/s22.html

ASSOCIATIONS INCORPORATION ACT 1984 - SECT 22
Public officer
22 Public officer

    (1) Unless the rules of the incorporated association otherwise
provide, the first public officer of an incorporated association is:

        (a) in the case of an incorporated association incorporated
pursuant to an application under section 9the person who made the
application, or

        (b) in the case of an incorporated association incorporated
pursuant to an application under section 46 or 48the person nominated in
the application as the first public officer.

    (2) Unless the rules of the association otherwise provide, the public
officer of an incorporated association may hold any other office of the
association.

(In other words, the public officer should currently be the person who
made the application, and has to live in NSW. The public officer is not
tied to any particular committee position, unless the constitution
requires it.)

http://www.austlii.edu.au/au/legis/nsw/consol_act/aia1984307/s23.html

ASSOCIATIONS INCORPORATION ACT 1984 - SECT 23
Vacancy in office of public officer
23 Vacancy in office of public officer

    (1) Where at any time there is a vacancy in the office of public
officer of an incorporated association, the committee of the association
shall, within 14 days after the vacancy arises:

        (a) give notice of the occurrence of the vacancy to the
Director-General in an approved form, and

        (b) appoint a person to fill the vacancy.

    (2) Where the committee of an incorporated association fails to comply
with subsection (1), each member of the committee is guilty of an offence
and liable to a penalty not exceeding 2 penalty units.

    (3) A person is not eligible to be appointed as public officer of an
incorporated association unless:

        (a) the person has attained the age of 18 years, and 

        (b) the person is resident in the State. 

    (4) The acts of the public officer of an incorporated association are
not invalid by reason only of any defect that may be discovered in the
appointment or qualification of the public officer.

(In other words, we just need a whipping boy resident in NSW, and to let
the Director-General know. They're not elected, they're just the person
the government contacts, and who gets to wind up LA if we evaporate).

Cheers,
Mikal
-- 

Michael Still (mikal@stillhq.com) | "All my life I've had one dream,
http://www.stillhq.com            |  to achieve my many goals"
UTC + 11                          |    -- Homer Simpson