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Secretary — Eligibility & Appointment

All requirements on this page come from the Associations Incorporation Act 1981 (Qld) and the Associations Incorporation Regulation 1999 (Qld), Schedule 4 (Model Rules).

Who can be secretary

To hold the office of secretary, you must meet all of these criteria:

Requirement Source
Must be an adult (18 years or older) Associations Incorporation Act 1981 s.61 (all committee members must be adults); s.66 (secretary must be an adult)
Resident in Queensland, or in another state/territory no more than 65km from the QLD border s.66 (eligibility); s.69 (office becomes vacant if residency criterion is no longer met)
Not convicted of an indictable offence (unless rehabilitation period has expired). Not convicted summarily with a sentence of imprisonment — default imprisonment for unpaid fines does not count — unless rehabilitation period has expired. Not an undischarged bankrupt under the Bankruptcy Act 1966 (Cth). Has not executed a deed of arrangement under the Bankruptcy Act 1966 (Cth) whose terms are not yet fully complied with. Has not had creditors accept a composition where the final payment has not been made. s.61A
Cannot hold the office of auditor at the same time s.69 — the secretary may hold any other office in the association except auditor, unless the club's own rules say otherwise

Note on dual office-holding: The Act itself allows the secretary to also hold the office of president or treasurer (s.69). However, many club constitutions restrict this. Check your club's rules.

If you stop meeting any of these criteria (for example, you move interstate), the office becomes vacant automatically (s.69).

How the secretary is appointed

The secretary can be:

  • Elected by members at an AGM or general meeting — the most common arrangement at croquet clubs
  • Appointed by the management committee — the appointee can be a committee member, an ordinary member, or an external person

If an external person or non-committee member is appointed as secretary, they do not automatically gain voting rights on the management committee — unless they are filling a casual vacancy on the committee itself.

Source: s.66; Model Rules (Schedule 4, Associations Incorporation Regulation 1999)

When a vacancy occurs

If the secretary resigns, is removed, or becomes ineligible, the management committee must appoint or elect a replacement within 1 calendar month.

Failure to maintain a secretary is a breach of the Act (maximum penalty: 10 penalty units — $1,669 per committee member) and can lead to regulatory action by the Office of Fair Trading.

Source: s.65

Notifying the Office of Fair Trading

Within 1 month of your appointment, you must notify the OFT using Form 10a (Change of Details Relating to an Incorporated Association).

Form 10a is also required whenever:

  • The President or Treasurer changes
  • The secretary's residential address changes
  • The club's postal address changes

Source: s.68; OFT Form 10a

Where to find the form: Search "OFT Form 10a Queensland" or go to qld.gov.au and search "incorporated associations forms and fees".

Sources

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