[AUUG-Talk]: Re: AUUG membership - confirming email address

[Kevin Dawson]

I tried sending this earlier, but it doesn't seem to have come
through.  Perhaps the PDF I'd attached wasn't friendly to the
mailing list, so I've just attached the text in this version.

On Mon, Jan 28, 2008 at 02:18:29PM +1100, Dave Horsfall wrote:
> On Mon, 28 Jan 2008, Peter Wishart wrote:
>
> > This email is to confirm the correct email address for the ballot.
>
> Would this be the ballot that AUUG thus far has not confirmed as being
> registered with the appropriate authority etc?

The ballot itself surely does not need to be registered.  I suspect
Dave means the lodgement of the changes to the Constitution a few
years ago, following on from Peter Jeremy's query.  So far, there
is nothing to say one way or the other whether they were lodged, but
it was clearly the Association's intent that they be made official.

I enclose for people's enjoyment a section of the Act.  My reading of
it in regard to this situation is essentially:
- an email ballot is not invalid merely because the Constitution's
  changes weren't lodged
- if someone wishes to prevent the email ballot, they do so in a court
- (sub-section 3 just talks about contracts - not relevant here)

Now, IANAL, nor do I even watch them playing on TV, so unless there is
a reasonable argument to the contrary, I would be suggesting that we
can have our ballot by email as well as post.  Remember, all this is
an issue *only* if the changes weren't lodged.

Kevin Dawson
AUUG Returning Officer
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17. Ultra vires transactions
     (1) No act of an incorporated association (including
         the entering into of an agreement by the
         incorporated association), and no conveyance or
         transfer of property to or by an incorporated
         association is invalid by reason only of the fact
         that the incorporated association was without
         capacity or power to do the act or to execute or
         take the conveyance or transfer.
     (2) Any such lack of capacity or power may be
         asserted or relied upon only in
           (a) proceedings against the incorporated
               association by a member of the incorporated
               association to restrain the doing of any act or
               acts or the conveyance or transfer of any
               property to or by the incorporated
               association;
           (b) proceedings by the incorporated association,
               or by a member of the incorporated
               association, against the present or a former
               public officer of the association; or
           (c) an application by the Registrar to wind up
               the incorporated association.