Victorian Current Acts

CRIMINAL ORGANISATIONS CONTROL ACT 2012 - SECT 6

    (1)     For the purposes of this Act, an office holder of an organisation is—

        (a)     if the organisation is a company or a registered foreign company within the meaning of the Corporations Act—

              (i)     an officer as defined under section 9 of that Act;

              (ii)     an individual who is a local agent within the meaning of that Act;

        (b)     if the organisation is an incorporated association—an office holder within the meaning of section 82 of the Associations Incorporation Reform Act 2012 ;

        (c)     if the organisation is a body or association incorporated under a law of another State or a Territory—an individual who is a member of the board or committee or other group of persons (however described under that law) having management of that body or association;

        (d)     if the organisation is an unincorporated body or association—

              (i)     an individual holding the position of president, vice president, secretary or treasurer of the body or association; or

              (ii)     an individual holding a position similar to a position referred to in subparagraph (i) (however described by the organisation or the rules or constituting documents of the organisation); or

              (iii)     an individual in control of all or a substantial part of the activities of the organisation.

    (2)     In addition, if an organisation appoints an individual to be in charge of an activity of the organisation or keep order at a meeting or gathering of the organisation, that individual is an office holder of the organisation for the purposes of this Act.

Example

An individual appointed as the sergeant at arms or a road captain by a motorcycle club would be an individual to whom subsection (2) applies.