The Callignee and Traralgon South Cricket Club has released a statement signalling its intent to reschedule its annual general meeting after it was found its meeting on May 1 did not meet Consumer Affairs Victoria guidelines.
"It has been brought to the attention of the current CATS Cricket Club executive that the annual general meeting ... was unconstitutional and the positions which were filled on the night are null and void," the statement reads.
CATS, which is a foundation member of the newly-formed Latrobe Valley Cricket Association, said it had also advised the Traralgon and District Cricket Association that its annual general meeting – held on May 28 – was unconstitutional.
"Consumer Affairs Victoria's website states: 'an association must hold its first annual general meeting within 18 months of becoming an incorporated [sic] and all subsequent annual general meetings must be held within five months after the end of the association's financial year'," the statement reads.
"As this requirement was not met, the annual general meeting will need to be re-held after the end of the financial year with all positions to be vacated and filled at that meeting.
"The TDCA annual general meeting held on May 28, 2018 fails to meet the requirements outlined above and will need to be re-held."
A spokesman for Consumer Affairs Victoria reinforced the guidelines for incorporated associations with regard to annual general meetings.
"The Act requires that an association must hold its annual general meeting within five months from its end of financial year date," the spokesman said.
"When appropriate, CAV will engage with an organisation in order to educate and facilitate compliance with the legislation.
"Enforcement action may also be initiated against organisations not willing to comply and when it is in the public interest to do so."
A spokesman for the TDCA told The Express the association had engaged in talks with CAV and undertaken an internal review.
"A full review of the TDCA has been undertaken by a review committee appointed by the TDCA and there are recommendations from that to review our constitution to ensure that we are meeting all of our obligations to CAV," the spokesman said.
"The TDCA felt that our best course of action was to hold our AGM as soon as possible to begin preparations to the 2018/19 season and also start to plan for future years."
"We recognize that we have some work to do in this space and for those reasons we have been in communication with CAV."
The spokesman said the TDCA had been advised by CAV to submit financial report and annual general meeting details on July 1.
He also said the association would call a special resolution meeting "to change the constitution to read financial year to end on the March 31 each year".
"After this meeting, [we will] schedule a delegates' meeting to again endorse the 2017/18 AGM, elected 2018/19 executive and financial statement as presented and approved on May 28.
"These details have already been submitted and accepted by CAV."