Hello folks,
I wonder if anyone with experience in Incorporated Associations could clarify for me who we would write to in order to lift an “executive order” in the context of the checklist item below (from the JusticeConnect NFP Checklist: Meeting new rules requirements for incorporated associations (VIC)).
We are a small Student Union, and we have a rule in our Constitution under the old Act which provides Authority To Trade in accordance with section 51(4) of the Act, and then a rule which states that this rule must not be altered without the consent of the Minister administering the Act.
The advice under the JusticeConnect checklist is:
There is no longer any prohibition on trading by incorporated associations (the AIR Act does not mention trading). Section 51 of the old Act had a set of requirements that, if followed, allowed certain associations to trade. Some associations’ rules will contain provisions relating to these requirements (for example, an explicit rule providing that an association can trade). These rules are no longer required. In a few cases, some groups may have had particular requirements imposed on them in relation to their trading by an executive order made under section 51 of the old Act. Some groups were required by their order to notify a minister prior changing any rules about trading. Groups should consider if any extra requirements such as these may still exist. Groups that still have an order in place in relation to trading could seek to have the order revoked as the general prohibition on trading no longer exists.
In this context, has anyone had experience writing to the Minister in order to have such an order revoked? Essentially I am just wondering about the wording etc, and who the request should go to in the first instance. Any pointers or experience appreciated. It seems too straight forward to require us to pay an external lawyer, but I have no experience in this specific area.
Cheers
I wonder if anyone with experience in Incorporated Associations could clarify for me who we would write to in order to lift an “executive order” in the context of the checklist item below (from the JusticeConnect NFP Checklist: Meeting new rules requirements for incorporated associations (VIC)).
We are a small Student Union, and we have a rule in our Constitution under the old Act which provides Authority To Trade in accordance with section 51(4) of the Act, and then a rule which states that this rule must not be altered without the consent of the Minister administering the Act.
The advice under the JusticeConnect checklist is:
There is no longer any prohibition on trading by incorporated associations (the AIR Act does not mention trading). Section 51 of the old Act had a set of requirements that, if followed, allowed certain associations to trade. Some associations’ rules will contain provisions relating to these requirements (for example, an explicit rule providing that an association can trade). These rules are no longer required. In a few cases, some groups may have had particular requirements imposed on them in relation to their trading by an executive order made under section 51 of the old Act. Some groups were required by their order to notify a minister prior changing any rules about trading. Groups should consider if any extra requirements such as these may still exist. Groups that still have an order in place in relation to trading could seek to have the order revoked as the general prohibition on trading no longer exists.
In this context, has anyone had experience writing to the Minister in order to have such an order revoked? Essentially I am just wondering about the wording etc, and who the request should go to in the first instance. Any pointers or experience appreciated. It seems too straight forward to require us to pay an external lawyer, but I have no experience in this specific area.
Cheers