Public Officer
Introduction
The Public Officer is the Association representative and official signatory to the Office of Fair Trading.
Tasks
- An association's committee must appoint a public officer.
- The public officer must be a person who is aged 18 years or more and is ordinarily resident in New South Wales. Note: An association's registration is liable to be cancelled if its public officer does not comply with this subsection.
- The position of public officer may, but need not be, held by a committee member.
- The public officer's acts are valid despite any defect in his or her appointment.
- The first public officer of an association is the person nominated as public officer in the application for registration of the association.
- Within 28 days after taking office as an association's public officer (other than its first public officer), a person must notify the Secretary, in the approved form, of:
- the person's full name and date of birth, and
- an address within New South Wales:
- at which the person can generally be found, and
- at which documents can be served on the association by post, and
- the fact that the person has taken office as public officer.
- If there is any change in the address of the public officer of an association, the public officer must notify the Secretary, in the approved form, of the new address within 28 days after the change occurs.
Furthermore, inform the OFT about
- AGM, new committee (three Australian resident members!)
- Finance report (Form 12)
Forms
The following relevant forms are available on the site http://www.fairtrading.nsw.gov.au/ftw/About_us/Our_services/Forms/Associations_forms.page
- Form A6 - Application to register change of objects or constitution
- Form A7 - Application to register change of name
- Form A8 - Application for voluntary cancellation of registration of an association
- Form A9 - Notice of appointment of public officer and Notice of change of association address
- Form A10 - Application for approval to transfer registration
- Form A11 - Application for extension of time for holding annual general meeting or lodging annual summary of financial affairs
- Form A12 - T1 (Large) - Annual summary of financial affairs - Tier 1
- Form A12 - T2 (Small) - Annual summary of financial affairs - Tier 2