Associations Incorporation Act 1985 (SA)

South Australia

Associations Incorporation Act 1985

An Act to make provision for the incorporation, administration and control of associations; and for other purposes.

Contents

Part 1—Preliminary

1Short title
3Interpretation
3AExclusion of operation of Corporations Act
4Act binds Crown

Part 2—Administration

Division 1—The Commission

5Administration by the Commission
6Inspection of documents
7Power of Commission to refuse to register or reject document etc
9Annual report

Division 2—Power of inspection etc

10Power of Commission to require production of books
11Power of Commission to carry out investigations in relation to books
12Protection from liability
13Privileged communications
14Offences
15Self-incrimination
16Liens on books
17Secrecy

Part 3—Incorporation of associations

Division 1—Incorporation

18Eligibility for incorporation
19Manner in which application for incorporation is to be made
20Incorporation of association
21Rights and liabilities of members

Division 2—Amalgamation

22Amalgamation

Division 3—Rules

23Rules binding on association and its members
23AContents of rules of an incorporated association
24Alteration of rules
24ACourt may order variation of rules

Division 4—Powers

25Powers of an incorporated association

Division 5—Transactions

26Manner in which contracts may be made
27Limitation of doctrine of ultra vires
28Abolition of doctrine of constructive notice in relation to incorporated association

Part 4—Management of internal affairs

Division 1—The committee

29Management of incorporated associations
30Certain persons not to be members of the committee
31Disclosure of interest
32Voting on a contract in which a committee member has an interest

Division 2—Accounts and audit of prescribed associations

33Preliminary
34Application of Division to relevant prescribed associations
34ADisclosure of information relating to relevant prescribed associations
34BCommission may provide information to Commonwealth Commissioner
35Accounts to be kept
36Lodgment of periodic returns
37Provisions relating to auditors acting under this Division
37APayment of auditor
38Power of exemption

Division 3—Annual general meeting

39Annual general meeting

Division 3A—Duties of officers etc

39ADuties of officers etc
39ABReliance on information or advice provided by others
39BProvisions indemnifying officers or auditors

Division 3B—Records

39CKeeping of records
39DInspection of records

Division 4—Disputes

40Rules of natural justice to be applied in relation to adjudication of dispute

Part 5—Compromise, winding up, transfer of activities and dissolution

Division 1—General

40APower to compromise with creditors
40BPower to enter into voluntary administration
41Winding up of incorporated associations
41AAppeals from decisions of receivers, liquidators, managers etc
41BReports to be submitted to liquidator
41CDeclaration of solvency
41DDisclosure to creditors on voluntary winding up
41EPenalty for contravention of applied provisions
42Power of Commission to require transfer of activities
43Distribution of assets upon winding up
43AApplication for deregistration
44Defunct associations
44ACommission to act as representative of defunct association in certain events
45Outstanding property of former association
46Disposal of outstanding property
47Liability of Commission and Crown as to property vested in Commission
48Accounts
49Removal of name from register

Division 2—Offences

49AAInterpretation and application
49ABNon-disclosure
49ACFailure to keep proper records
49ADIncurring debts not likely to be paid
49AEPowers of court
49AFFrauds by officers

Part 6—Miscellaneous

49AGeneral power of exemption of the Commission
50Reviews
51Minutes
53Investing or depositing money with association
53AReservation of name
54Name of association to be printed etc on documents
55Prohibition against securing profits for members
56Public officer
57Penalty for non-compliance with Act or a condition imposed under Act
58Falsification of books
58AGeneral defence
59Variation or revocation of trusts
60Misrepresentation as to incorporation under this Act
61Oppressive or unreasonable acts
62Examination of persons concerned with associations
62AOrders against persons concerned with associations
62BCivil proceedings not to be stayed
62CForm and evidentiary value of books
62DContinuing offences
62EProceedings for offences
63Evidentiary provision
64Service
65Use of abbreviation "Inc."
66Fees in respect of lodging documents
67Regulations

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary
1—Short title
This Act may be cited as the Associations Incorporation Act 1985.
3—Interpretation
(1)In this Act, unless the contrary intention appears—
accounting records includes invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry, and books and records which record such entries, and also includes such working papers and other documents as are necessary to explain the methods and calculations by which accounts are made up;
accounts of an incorporated association means—
(a)a combination of—
(i)an account of receipts and payments recording the total receipts and payments based on the cash method of accounting; and

(ii)a statement of assets and liabilities; or

(b)a combination of—
(i)an account of income and expenditure recording the total income and expenditure based on the accrual method of accounting; and

(ii)a balance sheet,

together with such statements, reports and notes, other than auditors' reports, as are attached to and intended to be read with the account, statement or balance sheet, as the case may be;
association includes society, club, institution or body;
authorised person means a person appointed by the Commission by instrument in writing to be an authorised person for the purposes of this Act;
beneficiary includes an object under a discretionary trust;
body corporate includes a body corporate within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth;
books includes any register or other record of information and any accounts or accounting records, however compiled, recorded or stored, and also includes any document;
the Commission means the Corporate Affairs Commission;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
financial year, in relation to an incorporated association, means—
(a)in the case of an association whose rules fix a period ending on a specified day as the association's financial year—
(i)if such a period is fixed or varied at incorporation or during the first financial year of the association—the period not exceeding 18 months commencing on the date of incorporation and ending on the day specified;

(ii)if such a period is fixed or varied during any subsequent financial year—the period not exceeding 12 months commencing at the end of the last preceding financial year and ending on the day specified;
(iii)each succeeding period of 12 months ending on the day specified;

(b)in the case of an association whose rules do not fix a period as the association's financial year—
(i)the period commencing on the date of incorporation and ending on the next succeeding 30 June;

(ii)each succeeding period of 12 months ending on 30 June;

gross receipts of an incorporated association means the total amount of the receipts of the association including any grant or subsidy paid to or on behalf of the association by the Government of the State or the Commonwealth, local government or an agency of the Crown in right of the State or the Commonwealth, but not including any money received by the association—
(a)by way of a membership fee, subscription, levy or other fee, if any, paid by a member; or
(b)as a devise or bequest; or
(c)from the sale of any of the association's assets that had not been originally purchased by the association for the purpose of resale;

incorporated association means an association incorporated under this Act;
insolvent under administration means a person who—
(a)under the Bankruptcy Act 1966 of the Commonwealth is a bankrupt in respect of a bankruptcy from which he or she has not been discharged; or
(b)under the law of a country other than Australia has the status of an undischarged bankrupt,

and includes—
(c)a person who has executed a deed of arrangement under Part 10 of the Bankruptcy Act 1966 of the Commonwealth or the corresponding provisions of the law of a country other than Australia where the terms of the deed have not been fully complied with; and
(d)a person whose creditors have accepted a composition under Part 10 of the Bankruptcy Act 1966 of the Commonwealth or the corresponding provisions of the law of a country other than Australia where a final payment has not been made under that composition;

member of an incorporated association means—
(a)a person who is under the rules of the association a member of the association; or
(b)a body that is under the rules of the association a member of the association;

officer of an incorporated association means—
(a)any person who—
(i)occupies or acts in a position of—
(A)a member of the committee of the association; or
(B)the secretary, treasurer or public officer of the association; or

(ii)is concerned, or takes part, in the management of the affairs of the association,

by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; or
(b)the holder of any other office established by the rules of the association (except a patron or the holder of some other honorary office that confers no right to participate in the management of the affairs of the association); or
(c)any person in accordance with whose directions or instructions the committee of the association is accustomed to act;

prescribed association means an incorporated association—
(a)that had gross receipts in that association's previous financial year in excess of—
(i)$200 000; or

(ii)such greater amount as is prescribed by regulation; or

(b)that is prescribed or of a class prescribed by regulation;

the repealed Act means the Associations Incorporation Act 1956 repealed by this Act;
special resolution of an incorporated association means—
(a)where the rules of the association provide for the membership of the association—a resolution passed at a duly convened meeting of the members of the association if—
(i)at least 21 days written notice specifying the intention to propose the resolution as a special resolution has been given to all members of the association; and

(ii)it is passed at a meeting referred to in this paragraph by a majority of not less than three-quarters of such members of the association as, being entitled to do so, vote in person or, where proxies are allowed, by proxy, at that meeting;

(b)where the rules of the association do not provide for the membership of the association—a resolution passed at a duly convened meeting of the members of the committee of the association if—
(i)at least 21 days written notice specifying the intention to propose the resolution as a special resolution has been given to all members of the committee; and

(ii)it is passed at a meeting referred to in this paragraph by a majority of not less than three-quarters of such members of the committee as, being entitled to do so, vote in person or, where alternates are allowed, by alternates, at that meeting;

spouse—a person is the spouse of another if they are legally married;
total receipts and payments means the amount arrived at by aggregating receipts and payments in connection with all activities of the association in that association's financial year;
transparency, in relation to a document, means—
(a)a developed negative or positive photograph of that document (in this definition referred to as an original photograph) made, on a transparent base, by means of light reflected from, or transmitted through, the document; or
(b)a copy of an original photograph made by the use of photosensitive material (being photosensitive material on a transparent base) placed in surface contact with the original photograph; or
(c)any one of a series of copies of an original photograph, the first of the series being made by the use of photosensitive material (being photosensitive material on a transparent base) placed in surface contact with a copy referred to in paragraph (b), and each succeeding copy in the series being made, in the same manner, from any preceding copy in the series;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
(2)Except as otherwise provided, a reference in this Act to the rules of an association is a reference to the rules relating to the constitution, powers, management and administration of the association, and the rights and liabilities of its members, but does not extend to rules, by-laws or ordinances relating to or affecting personal dress or behaviour, practices, procedures or other matters that are of a religious, ceremonial or doctrinal nature, or any other prescribed matter.
(3)Where under the rules of an incorporated association provision is made for confirmation or approval of a resolution of the association by some other person or body, such a resolution is not to be regarded as having been duly passed until it has been confirmed or approved as required by the rules.
(4)A provision in the rules of an association requiring confirmation or approval of a resolution or decision of the association by some other person or body is not to be regarded as oppressive or unreasonable.
(6)For the purposes of this Act, a person is an associate of another person if—
(a)they are partners; or
(b)one is a spouse, domestic partner, parent or child of the other; or
(c)they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or
(d)one is a corporation and the other is a director of the corporation; or
(e)one is a corporation and the other is a person who has a legal or equitable interest in five per cent or more of the share capital of the corporation; or
(f)they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or
(g)a chain of relationships can be traced between them under any one or more of the above paragraphs.

3A—Exclusion of operation of Corporations Act
(1)An incorporated association is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies.
(2)Subsection (1) does not exclude the application of provisions of the Corporations Act 2001 of the Commonwealth to incorporated associations to the extent that they relate to any matter that the regulations provide is not to be excluded from the operation of that Act.
4—Act binds Crown
This Act binds the Crown.

Part 2—Administration
Division 1—The Commission
5—Administration by the Commission
(1)Subject to subsection (2), the Commission is responsible for the administration of this Act.
(2)The Commission is, in relation to the administration of this Act, subject to the control and direction of the Minister.
6—Inspection of documents
(1)For the purposes of this Act, the Commission must keep, in such form as it thinks fit—
(a)a register of incorporated associations; and
(b)such other registers as the Commission thinks fit.

(2)Subject to subsection (2a) a person may, on payment of the prescribed fee—
(a)inspect a register kept by the Commission under this Act; or
(b)inspect any document registered or held by the Commission under this Act (not being a document that has been destroyed or otherwise disposed of); or
(c)obtain from the Commission—
(i)a certified copy of, or extract from, an entry in a register kept under this Act or the repealed Act; or

(ii)a certified copy of a certificate of incorporation issued under this Act or the repealed Act; or
(iii)a certified copy of, or extract from, any document registered or held by the Commission under this Act, or registered or held under the repealed Act.

(2a)The Commission may, at the request of a person whose residential address appears in a register or document that is available for inspection under this section, take any steps necessary to ensure that the person's address is not publicly disclosed under this section.
(3)If a reproduction or transparency of a document is produced for inspection, a person is not entitled pursuant to subsection (2) to require the production of the original of that document.
(4)The reference in subsection (2)(c) to a certificate or document includes, where a reproduction or transparency of that certificate or document has been incorporated with a register kept by the Commission, a reference to that reproduction or transparency and, where such a reproduction or transparency has been so incorporated, a person is not entitled pursuant to that subsection to a copy of, or extract from, the original of that certificate or document.
7—Power of Commission to refuse to register or reject document etc
(1)If the Commission is of the opinion that a document submitted to the Commission—
(a)contains matter contrary to law; or
(b)contains matter that, in a material particular, is false or misleading in the form or context in which it is included; or
(c)by reason of an omission or misdescription, has not been duly completed; or
(d)does not comply with the requirements of this Act; or
(e)contains an error, alteration or erasure,

the Commission may refuse to register or may reject the document and may request—
(f)that the document be appropriately amended or completed and resubmitted; or
(g)that a fresh document be submitted in its place; or
(h)where the document has not been duly completed, that a supplementary document in the prescribed form be submitted.

(2)The Commission may request a person who submits a document to the Commission to produce to the Commission such other document, or to furnish to the Commission such information, as the Commission thinks necessary in order to form an opinion whether it should refuse to register or should reject the document.
(3)If a person fails to comply with a request of the Commission made pursuant to subsection (1) or (2) within 14 days after the service on the person of the request, a court of summary jurisdiction may, on an application of the Commission, order the person to comply with the Commission's request within the time specified in the order.

(4)An order made under subsection (3) may provide that all costs of, and incidental to, the application are to be borne by the person responsible for the non-compliance.
(5)A person who contravenes or fails to comply with an order made under subsection (3) is guilty of an offence.
Maximum penalty:
(a)if the offence is committed in respect of a prescribed association—$5 000; or
(b)in any other case—$1 250.

9—Annual report
(1)The Commission must, on or before 31 December in each year, deliver to the Minister a report on the administration of this Act during the period of 12 months that ended on the preceding 30 June.
(2)The Minister must cause a copy of the report to be laid before each House of Parliament.

Division 2—Power of inspection etc
10—Power of Commission to require production of books
For the purpose of ascertaining whether the provisions of this Act have been or are being complied with, an authorised person may, by notice in writing, require—
(a)any incorporated association to produce to the authorised person immediately or, if a time and place at which the books are to be produced are specified in the notice, at that time and place such books relating to affairs of the association as are specified by the authorised person; or
(b)any person who is or has been an officer or employee of, or an agent, banker, solicitor, auditor or other person acting in any capacity for, or on behalf of, an incorporated association (including an association that is in the course of being wound up or has been dissolved) to produce to the authorised person immediately such books relating to affairs of the association as are specified by the authorised person; or
(c)any person to produce to the authorised person immediately any books relating to affairs of an incorporated association (including an association that is in the course of being wound up or has been dissolved) that are in the custody or under the control of that person.

11—Power of Commission to carry out investigations in relation to books
(1)Subject to this Division, where an authorised person exercises a power under this Division to require another person to produce books—
(a)if the books are produced, the authorised person—
(i)may take possession of the books and may make copies of, or take extracts from, the books; and

(ii)may require the other person, or any person who was party to the compilation of the books, to make a statement providing any explanation that the person concerned is able to provide as to any matter relating to the compilation of the books or as to any matter to which the books relate; and
(iii)may retain possession of the books for such period as is necessary to enable the books to be inspected, and copies of, or extracts from, the books to be made or taken, by or on behalf of the Commission; and
(iv)during that period must permit a person who would be entitled to inspect any one or more of the books if they were not in the possession of the authorised person to inspect that book or those books at any reasonable time; or

(b)if the books are not produced, the authorised person may require the other person—
(i)to state, to the best of his or her knowledge and belief, where the books may be found; and

(ii)to identify the person who, to the best of his or her knowledge and belief, last had custody of the books and to state, to the best of his knowledge and belief, where that person may be found.

(2)Where an authorised person exercises a power under this Division to require another person to produce books that are recorded, kept and reproduced by electronic means, the other person may comply with the requirement to produce those books by providing a printed reproduction of the information contained in the books.
(3)Where this Division confers a power on an authorised person to require a person to produce books relating to affairs of an incorporated association, the authorised person also has power to require that person (whether or not he or she requires that person to produce books and whether or not any books are produced pursuant to such a requirement), so far as the other person is able to do so, to identify property of the association and explain the manner in which the association has kept account of that property.
12—Protection from liability
A person is not subject to any liability by reason of compliance with a direction or requirement given or made under this Division.
13—Privileged communications
(1)Where—
(a)an authorised person makes a requirement under this Division of a duly qualified legal practitioner in respect of a book; and
(b)the book contains a privileged communication made by or on behalf of the legal practitioner, or to the legal practitioner, in his or her capacity as such,

the legal practitioner is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made agrees to the legal practitioner complying with the requirement but, where the legal practitioner so refuses to comply with a requirement, he or she must immediately furnish, in writing, to the authorised person—
(c)if he or she knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and
(d)sufficient particulars to identify the book, or the part of the book, containing the communication.

Maximum penalty: $5 000.
(2)Where—
(a)an authorised person, acting in pursuance of this Division, requires a duly qualified legal practitioner to make a statement providing an explanation as to any matter relating to the compilation of books or as to any matter to which any books relate; and
(b)the legal practitioner is not able to make that statement without disclosing a privileged communication made by or on behalf of the legal practitioner, or to the legal practitioner, in his or her capacity as such,

the legal practitioner is entitled to refuse to comply with the requirement, except to the extent that he or she is able to comply with the requirement without disclosing any privileged communication referred to in paragraph (b), unless the person to whom, or by or on behalf of whom, the communication was made agrees to the legal practitioner complying with the requirement but, where the legal practitioner so refuses to comply with a requirement, he or she must immediately furnish, in writing, to the authorised person—
(c)if he or she knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and
(d)if the communication was made in writing—sufficient particulars to identify the document containing the communication.

Maximum penalty: $5 000.
14—Offences
(1)A person must not, without reasonable excuse, refuse or fail to comply with a requirement made under this Division.
Maximum penalty:
(a)if the offence is committed in respect of a prescribed association—$5 000; or
(b)in any other case—$2 500.

(2)A person must not, in purported compliance with a requirement made under this Division, furnish information or make a statement that is false or misleading in a material particular.
Maximum penalty:
(a)if the offence is committed in respect of a prescribed association—$5 000; or
(b)in any other case—$2 500.

(3)It is a defence to a prosecution for an offence against this section if the defendant proves that he or she believed on reasonable grounds that the information or statement was true and was not misleading.
(4)A person must not, without reasonable excuse, obstruct or hinder the Commission or another person in the exercise of any power under this Division.
Maximum penalty:
(a)if the offence is committed in respect of a prescribed association—$5 000; or
(b)in any other case—$2 500.

15—Self-incrimination
(1)A person is not excused from making a statement providing an explanation as to any matter relating to the compilation of any books or as to any matter to which any books relate pursuant to a requirement made of him or her in accordance with this Division on the ground that the statement might tend to incriminate him or her but, where the person claims before making a statement that the statement might tend to incriminate him or her, the statement is not admissible in evidence against him or her in criminal proceedings other than proceedings under section 14.
(2)Subject to subsection (1), a statement made by a person in compliance with a requirement made under this Division may be used in evidence in any criminal or civil proceedings against that person.
16—Liens on books
Where an authorised person requires the production of any books under this Division and a person has a lien on the books, the production of the books does not prejudice the lien.
17—Secrecy
(1)An authorised person who, by reason of the authority granted to him or her pursuant to this Act, acquires information must not, except to the extent necessary to perform his or her official duties or to perform a function or exercise a power authorised by this Act, make a record of, or divulge or make use of in any other way, the information acquired.
Maximum penalty: $10 000.
(2)Notwithstanding subsection (1), a person is not guilty of an offence if he or she—
(a)produces a document to a court in the course of criminal proceedings or proceedings taken under this or any other Act; or
(b)divulges to a court during the course of any proceedings referred to in paragraph (a), any matter or thing coming under his or her notice in the performance of his or her official duties or in the performance of a function or exercise of a power referred to in subsection (1); or
(ba)in the course of proceedings before the Tribunal, produces a document to the Tribunal or divulges to the Tribunal any matter or thing coming under his or her notice in the performance of his or her official duties or in the performance of a function or exercise of a power referred to in subsection (1); or
(c)produces a document or divulges information to a person to whom, in the opinion of the Commission, it is in the public interest that the document be produced or the information be divulged; or
(d)produces a document or divulges information that is required or permitted by any other Act to be produced or divulged, as the case may be.

Part 3—Incorporation of associations
Division 1—Incorporation
18—Eligibility for incorporation
(1)An association formed—
(a)for a religious, educational, charitable or benevolent purpose; or
(b)for the purpose of promoting or encouraging literature, science or the arts; or
(c)for the purpose of providing medical treatment or attention, or promoting the interests of persons who suffer from a particular physical, mental or intellectual disability; or
(d)for the purpose of sport, recreation or amusement; or
(e)for the purpose of establishing, carrying on, or improving a community centre, or promoting the interests of a local community or a particular section of a local community; or
(f)for conserving resources or preserving any part of the environmental, historical or cultural heritage of the State; or
(g)for the purpose of promoting the interests of students or staff of an educational institution; or
(h)for political purposes; or
(i)for the purpose of administering any scheme or fund for the payment of superannuation or retiring benefits to the members of any organisation or the employees of any body corporate, firm or person; or
(j)for the purpose of promoting the common interests of persons who are engaged in, or interested in, a particular business, trade or industry; or
(k)for any purpose approved by the Minister,

is, subject to this Act, eligible to be incorporated under this Act.
(2)Subject to subsection (4), an association of the kind referred to in subsection (1)(i) is not, unless the Minister otherwise approves, eligible to be incorporated under this Act.
(3)Subject to subsection (4), an association which is formed for the purpose of furthering or protecting the interests of employers or employees and which is eligible for registration under the Industrial Relations Act (S.A.) 1972 is not, unless the Minister otherwise approves, eligible to be incorporated under this Act.
(4)Subsections (2) and (3) do not apply to an association that was, immediately before the commencement of this Act, an association incorporated under the repealed Act.
(5)Subject to subsection (6), an association of which—
(a)a principal or subsidiary object is to secure a pecuniary profit for the members of the association or any of those members; or
(b)a principal or subsidiary object is to engage in trade or commerce,

is not, unless the Commission otherwise approves, eligible to be incorporated under this Act.
(6)An association is not, for the purposes of this Act, to be regarded as having as a principal or subsidiary object the securing of a pecuniary profit for its members or any of its members or engaging in trade or commerce by reason only of any one or more of the following circumstances:
(a)that the association itself makes a pecuniary profit, unless that profit or any part of it is or is to be divided among or received by the members or any of them otherwise than in accordance with section 55; or
(b)that the association buys or sells or deals in or provides goods or services where those transactions are ancillary to the principal objects of the association and, in the case of transactions with non-members (other than spouses, domestic partners, children or parents of members), the transactions—
(i)are not substantial in number or value in relation to the other activities of the association; or

(ii)are intended to provide financial support to the association in a manner that is directly related to the objects of the association; or
(iii)consist in the charging of admission fees to functions organised for the promotion of the objects of the association; or

(c)that the association is established for the protection of a trade, business, industry or calling in which the members are engaged or interested, if the association itself does not engage or take part in any such activity; or
(d)that the members of the association compete for trophies or prizes in contests directly related to the objects of the association.

(7)An approval of the Minister or the Commission under this section may be given on such conditions as the Minister or the Commission thinks fit.
19—Manner in which application for incorporation is to be made
(1)An application for the incorporation of an association must be made to the Commission in the prescribed manner and form by a person duly authorised by the association to apply for incorporation.
(2)The application must be accompanied by—
(a)a copy of the rules of the association; and
(c)a copy of any instrument creating or establishing a trust—
(i)which is referred to in the rules of the association; or

(ii)upon which any rule of the association relies for its operation; and

(ca)a copy of the settled draft of any instrument prepared for the creation or establishment of a trust of which the association is intended to be the trustee—
(i)where the contemplated trust is referred to in the rules of the association; or

(ii)where any rule of the association relies on the contemplated trust for its operation; and

(d)the prescribed fee.

20—Incorporation of association
(1)If, on an application for incorporation duly made under this Part, the Commission is satisfied—
(a)that the association is eligible to be incorporated under this Act; and
(b)that the rules of the association conform with the requirements of this Act; and
(c)that the name of the association—
(i)is not such as to be misleading as to the nature, objects or purposes of the association; and

(ii)is not such as is likely to be confused with the name of any other body corporate or any registered business name; and
(iii)is not undesirable as a name for an incorporated association; and
(iv)conforms with any direction of the Minister relating to the names of incorporated associations,

the Commission must, subject to subsection (2), register the rules of the association and issue to the association a certificate of incorporation.
(2)The Commission may—
(a)decline to incorporate an association under this Act if, in its opinion, it would be more appropriate for its activities to be carried on by a body corporate incorporated under some other Act; or
(b)with the consent of the Minister, decline to incorporate an association under this Act if, in its opinion, the incorporation of the association under this Act would not be in the public interest.

(3)Upon incorporation under this section—
(a)the association becomes a body corporate—
(i)with perpetual succession and a common seal; and

(ii)with a corporate name as set out in the certificate of incorporation (in which the word "Incorporated" must appear as part, and at the end, of the name); and

(b)all real and personal property held by any person for or on behalf of the association is vested in and held by the incorporated association (subject to any trusts that may affect that property); and
(c)all rights and liabilities (whether certain or contingent) of the association immediately before the incorporation of the association become rights and liabilities of the incorporated association.

(4)The Registrar-General must—
(a)on the application of an incorporated association in which any estate or interest in land has vested by virtue of this section; and
(b)on production of such documents as the Registrar-General may require,

register the vesting of that estate or interest in land in the association.
21—Rights and liabilities of members
(1)Membership of an incorporated association does not confer on a member, except as may be provided by the rules of the association, any right, title or interest in any real or personal property of the association.
(2)Except as may be provided by the rules of the association, a member of an association is not liable to contribute towards the payment of the debts and liabilities of the association or the costs, charges and expenses of a winding up of the association.
(3)Subsection (2) does not apply in respect of debts or liabilities incurred by or on behalf of the association prior to incorporation.

Division 2—Amalgamation
22—Amalgamation
(1)Any two or more incorporated associations—
(a)may, by special resolution passed by each association, resolve to amalgamate; and
(b)may apply to the Commission for amalgamation as a single incorporated association.

(2)An application under subsection (1)—
(a)must be made in the prescribed form; and
(b)must be accompanied by a copy of the special resolution passed by each of the incorporated associations supporting the amalgamation; and
(c)must be accompanied by a copy of the rules of the association proposed to be formed by the amalgamation; and
(d)must be accompanied by a copy of any instrument creating or establishing a trust—
(i)which is referred to in the rules of the association proposed to be formed by the amalgamation; or

(ii)on which any rule of the association proposed to be formed by the amalgamation relies for its operation; and

(da)must be accompanied by a copy of the settled draft of any instrument prepared for the creation or establishment of a trust of which the association proposed to be formed by the amalgamation is intended to be the trustee—
(i)where the contemplated trust is referred to in the rules of the association proposed to be formed by the amalgamation; or

(ii)where any rule of the association proposed to be formed by the amalgamation relies on the contemplated trust for its operation; and

(e)must be accompanied by such certificates and other documents as may be prescribed; and
(f)must be accompanied by the prescribed fee.

(3)A party to an application under this section must, at the request of the Commission, supply it with such further documents or information as the Commission may require.
(4)Where the Commission is satisfied—
(a)that the association proposed to be formed by the amalgamation is eligible to be incorporated under this Act; and
(b)that the rules of that association conform with the requirements of this Act; and
(c)that the name of that association—
(i)is not such as to be misleading as to the nature, objects or purposes of the association; and

(ii)is not such as is likely to be confused with the name of any other body corporate or any registered business name; and
(iii)is not undesirable as a name for an incorporated association; and
(iv)conforms with any direction of the Minister relating to the names of incorporated associations,

the Commission must, subject to subsection (5), register the rules of the association and issue to the association a certificate of incorporation.
(5)The Commission may—
(a)decline to incorporate an association under subsection (4) if, in its opinion, it would be more appropriate for its activities to be carried on by a body corporate incorporated under some other Act; or
(b)with the consent of the Minister, decline to incorporate an association under subsection (4) if, in its opinion, the incorporation of the association under this Act would not be in the public interest.

(6)Upon incorporation of an association under subsection (4)—
(a)the association becomes a body corporate—
(i)with perpetual succession and a common seal; and

(ii)with a corporate name as set out in the certificate of incorporation (in which the word "Incorporated" must appear as part, and at the end, of the name); and

(b)any incorporated association that was a party to the application for amalgamation is dissolved; and
(c)the property of the associations that were parties to the application for amalgamation becomes the property of the incorporated association formed by the amalgamation (subject to any trusts that may affect that property); and
(d)the rights and liabilities (whether certain or contingent) of the associations that were parties of the application for amalgamation become rights and liabilities of the incorporated association formed by the amalgamation.

(7)The Registrar-General must—
(a)on the application of an incorporated association in which any estate or interest in land has vested by virtue of this section; and
(b)on production of such documents as the Registrar-General may require,

register the vesting of that estate or interest in land in the association.
(8)A reference in a will or other instrument to an association that is a party to an amalgamation under this section is, after the amalgamation, to be construed (subject to any provision in the will or other instrument to the contrary) as a reference to the association formed by the amalgamation.
(9)Where property vests by virtue of this section in an association, the vesting of the property, and any instrument evidencing or giving effect to that vesting, are exempt from stamp duty.

Division 3—Rules
23—Rules binding on association and its members
(1)The rules of an incorporated association bind the association and all members of the association.
(2)The reference in this section to the rules of an association extends to rules, by-laws or ordinances of the association relating to any matter.
23A—Contents of rules of an incorporated association
(1)The rules of an incorporated association—
(a)must state the name of the association and set out its objects; and
(b)must not contain any provision that is contrary to or inconsistent with this Act; and
(c)must contain provisions that, in the opinion of the Commission, deal with the following matters with sufficient particularity and certainty having regard to the nature and objects of the association:
(i)membership in the case of an association that has members;

(ii)the powers, duties and manner of appointment of the committee of the association;
(iii)the appointment of an auditor in the case of an association that is a prescribed association;
(v)the calling of and procedure at general meetings;
(vi)who has the management and control of the funds and other property of the association;
(vii)the powers of the association and by whom and in what manner they may be exercised;
(viii)the manner in which the rules of the association may be altered;
(ix)any other matter prescribed by regulation.

(2)This section applies only to rules, or an alteration to rules, submitted to the Commission for registration after the commencement of this section.
24—Alteration of rules
(1)An alteration to a rule of an incorporated association may be made by a special resolution of the association unless other provision is made in the rules of the association.
(2)An incorporated association must, within one month after making an alteration to a rule, register the alteration with the Commission.
Maximum penalty: $1 250.
(3)An application for registration of a proposed alteration of the rules of an incorporated association—
(a)must be made in the prescribed form; and
(c)must be accompanied by the prescribed fee.

(4)Subject to subsection (5), where the Commission is satisfied that the proposed alteration conforms with the requirements of this Act, the Commission must register the alteration.
(5)Where an alteration to the rules of an incorporated association consists of or includes an alteration to the name of the association—
(a)the Commission must not register the alteration unless it is satisfied that the name—
(i)is not such as to be misleading as to the nature, objects or purposes of the association; and

(ii)is not such as is likely to be confused with the name of any other body corporate or any registered business name; and
(iii)is not undesirable as a name for an incorporated association; and
(iv)conforms with any directions of the Minister as to the names of incorporated associations; and

(b)the Commission must, if it registers the alteration, issue to the association a new certificate of incorporation and make an appropriate notation on the register of incorporated associations.

(6)Subject to any provision in the rules of the association or a resolution to the contrary, an alteration to the rules of an incorporated association comes into force at the time that the alteration is passed.
(7)Notwithstanding subsection (6), an alteration to the name of an incorporated association does not come into force until the alteration is registered by the Commission in accordance with this section.
24A—Court may order variation of rules
(1)The rules of an incorporated association may be varied, on the application of the association, by the Supreme Court.
(2)Where the rules of the incorporated association provide for the membership of the association, a meeting of the members must be held, before an application is made under this section, to explain the purposes of the proposed application and seek the views of the members in relation to the proposed application.
(3)Notice of an application under this section must be given as the Supreme Court directs.
(4)The Supreme Court may, on application under this section, order that the rules of an incorporated association be varied in a manner the Court thinks fit, if it is satisfied that—
(a)the rules unduly limit the conduct of the association's affairs; and
(b)the variation of the rules—
(i)is consistent with the objects of the association; and

(ii)will not prejudice any member of the association; and
(iii)is justified in the circumstances of the particular case.

(5)Before making an order under this section the Supreme Court must have regard to any views expressed by members of the association in relation to the proposed variation at a meeting held in accordance with subsection (2).
(6)The Commission is entitled to appear and be heard in relation to an application under this section.

Division 4—Powers
25—Powers of an incorporated association
For the purpose of carrying out its objects, an incorporated association may, subject to this Act and its rules—
(a)acquire, hold, deal with, and dispose of, any real or personal property; and
(b)administer any property on trust; and
(c)open and operate ADI accounts; and
(d)invest its moneys—
(i)in any security in which trust moneys may, by Act of Parliament, be invested; or

(ii)in any other manner authorised by the rules of the association; and

(e)borrow money upon such terms and conditions as the association thinks fit; and
(f)give such security for the discharge of liabilities incurred by the association as the association thinks fit; and
(g)appoint agents to transact any business of the association on its behalf; and
(h)enter into any other contract it considers necessary or desirable.

Division 5—Transactions
26—Manner in which contracts may be made
(1)Contracts may be made by or on behalf of an incorporated association as follows:
(a)a contract which, if made between private persons, would be required to be in writing under seal may be made by the incorporated association under its common seal;
(b)a contract which, if made between private persons, would be required to be in writing signed by the parties to be charged may be made on behalf of the association in writing by any person acting under its authority, express or implied;
(c)a contract which, if made between private persons, would be valid although made by parol only may be made by parol on behalf of the association by any person acting under its authority, express or implied.

(2)A contract may be varied or rescinded by or on behalf of an incorporated association in the same manner as it is authorised to be made.
27—Limitation of doctrine of ultra vires
(1)A contract made with an incorporated association is not invalid by reason of any deficiency in the capacity of the association to enter into, or carry out, the contract unless the person contracting with the association has actual notice of the deficiency.
(2)An incorporated association that enters into a contract that would, but for the provisions of subsection (1), be invalid is empowered to carry out the contract.
(3)This section does not prejudice an action by a member of an incorporated association to restrain the association from entering into or carrying out a transaction that lies beyond the powers conferred on the association by this Act or its rules.
28—Abolition of doctrine of constructive notice in relation to incorporated association
It is not to be presumed that a person dealing with an incorporated association, or an agent of an incorporated association, has notice of the rules of the association, or of any other document registered by, or lodged with, the Commission in relation to the association.

Part 4—Management of internal affairs
Division 1—The committee
29—Management of incorporated associations
(1)Subject to this Act, the persons who have under the rules of an incorporated association power to administer the affairs of the association constitute, for the purposes of this Act, the committee of the association.
(2)No person is to be precluded from being appointed as a member of the committee of an incorporated association by reason only of the fact that he or she is a member of a class of persons for whose benefit the association is established.
(3)Subject to the rules of the association, no employee of an incorporated association is to be precluded by reason of that employment from being appointed as a member of the committee of the association.
30—Certain persons not to be members of the committee
(1)A person who is an insolvent under administration must not, without leave of the Commission, be a member of the committee of an incorporated association, or be in any way (whether directly or indirectly) concerned in or take part in the management of an incorporated association.
Maximum penalty: $5 000.
(2)A person who has been convicted within or outside the State—
(a)on an indictment of an offence in connection with the promotion, formation or management of a body corporate; or
(b)of an offence involving fraud or dishonesty punishable on conviction by imprisonment for a period of not less than three months; or
(c)of an indictable offence; or
(d)of—
(i)an offence against section 39A; or

(ii)an offence against a provision applied by section 41B; or
(iii)an offence against section 60,

must not, within a period of five years after his or her conviction or, if he or she was sentenced to imprisonment, after his or her release from prison, without leave of the Commission, be a member of the committee of an incorporated association, or be in any way (whether directly or indirectly) concerned in or take part in the management of an incorporated association.
Maximum penalty: $5 000.
(3)When granting leave under this section, the Commission may impose such conditions or limitations as it thinks fit and any person contravening or failing to comply with any such condition or limitation that is applicable to him or her is guilty of an offence.
Maximum penalty: $5 000.
(4)The Commission may, at any time, revoke leave granted by it under this section.
31—Disclosure of interest
(1)A member of the committee of an incorporated association who has any direct or indirect pecuniary interest in a contract, or proposed contract, with the association—
(a)must, as soon as he or she becomes aware of his or her interest, disclose the nature and extent of his or her interest to the committee; and
(b)must disclose the nature and extent of his or her interest in the contract at the next annual general meeting of the association (if an annual general meeting is required to be held by the association).

Maximum penalty: $5 000.
(2)Subsection (1) does not apply in respect of a pecuniary interest that exists only by virtue of the fact—
(a)that the member of the committee is an employee of the association; or
(b)that the member of the committee is a member of a class of persons for whose benefit the association is established; or
(c)that the member of the committee has the pecuniary interest in common with all or a substantial proportion of the members of the association.

(3)Where a member of the committee of an incorporated association discloses a pecuniary interest in a contract, or proposed contract, in accordance with this section, or his or her interest is not such as need be disclosed under this section—
(a)the contract is not liable to be avoided by the association on any ground arising from the fiduciary relationship between the member and the association; and
(b)the member is not liable to account for profits derived from the contract.

32—Voting on a contract in which a committee member has an interest
(1)A member of the committee of an incorporated association who has any direct or indirect pecuniary interest in a contract, or proposed contract, with the association must not take part in any decision of the committee with respect to that contract (but may, subject to complying with the provisions of this Division, take part in any deliberations with respect to that contract).
Maximum penalty: $5 000.
(2)Subsection (1) does not apply in respect of a pecuniary interest—
(a)that exists only by virtue of the fact that the member of the committee is a member of a class of persons for whose benefit the association is established; or
(b)that the member of the committee has in common with all or a substantial proportion of the members of the association.

Division 2—Accounts and audit of prescribed associations
33—Preliminary
In this Division—
Commonwealth Act means the Australian Charities and Not‑for‑profits Commission Act 2012 of the Commonwealth;
Commonwealth Commissioner means the Commissioner of the Australian Charities and Not‑for‑profits Commission established under the Commonwealth Act;
Commonwealth registered entity means an entity registered under the Commonwealth Act;
relevant prescribed association means a prescribed association that is a Commonwealth registered entity.
34—Application of Division to relevant prescribed associations
(1)Subject to this section, if a relevant prescribed association has, in respect of a particular period—
(a)submitted to the Commonwealth Commissioner an information statement that the association is required to prepare under the Commonwealth Act and, if relevant, a financial report together with any auditor's report or reviewer's report that the association is required to obtain under that Act; and
(b)submitted to the Commission any other information relevant to the affairs of the association required by the Commission,

the association is exempt from this Division in relation to that period.
(2)Despite subsection (1), a relevant prescribed association must cause—
(a)the information statement and any reports referred to in subsection (1)(a); and
(b)a report of a committee of the association prepared in accordance with section 35(5) (as modified by subsection (3)),

to be laid before the members of the association at the annual general meeting of the association or, if an annual general meeting is not to be held, within 6 months of the end of the financial year to which the reports relate.
(3)Despite subsection (1), section 35(5) applies to the committee of a relevant prescribed association as if a reference to the financial year to which the accounts relate were a reference to the financial year to which the information statement that the association is required to prepare under the Commonwealth Act relates.
(4)A document or information required to be provided to the Commission under this section must be provided in accordance with any requirements specified by the Commission (including requirements as to the form and verification of the document or information, or the time or manner in which it is to be provided).
(5)If a relevant prescribed association contravenes or fails to comply with this section, the association is guilty of an offence.
Maximum penalty: $5 000.
34A—Disclosure of information relating to relevant prescribed associations
The Commission may enter into an agreement with the Commonwealth Commissioner in relation to—
(a)the manner in which relevant prescribed associations may provide information for the purposes of this Act; and

(b)the provision of information obtained under the Commonwealth Act to the Commission for the purposes of this Act.

34B—Commission may provide information to Commonwealth Commissioner
Despite any other Act or law, the Commission is authorised to provide to the Commonwealth Commissioner (whether at the request of the Commonwealth Commissioner or otherwise) such documents and other information in the possession or control of the Commission that may be reasonably required by the Commonwealth Commissioner in connection with the performance or exercise of its functions or powers under the Commonwealth Act.
35—Accounts to be kept
(1)A prescribed association must keep its accounting records in such a manner as will enable—
(a)the preparation from time to time of accounts that present fairly the results of the operations of the association; and
(b)the accounts of the association to be conveniently and properly audited in accordance with this Division.

Maximum penalty: $5 000.
(2)A prescribed association must, after the end of a financial year of the association—
(a)cause accounts in respect of the financial year to be prepared; and
(b)cause the accounts to be audited by a registered company auditor, a firm of registered company auditors, a person who is a member of the Australian Society of Certified Practising Accountants or The Institute of Chartered Accountants in Australia or such other person who may be approved by the Commission as an auditor of the accounts of the association for the purposes of this Division; and
(c)cause to be attached to the accounts, before the auditor reports on the accounts, a statement made in accordance with a resolution of the committee of the association and signed by two or more members of the committee—
(i)stating whether or not—
(A)the accounts present fairly the results of the operations of the association for the financial year and the state of affairs of the association as at the end of the financial year; and
(B)the committee has reasonable grounds to believe that the association will be able to pay its debts as and when they fall due; and

(ii)giving particulars—
(A)of any body corporate that is a subsidiary of the association within the meaning of section 46 of the Corporations Act 2001 of the Commonwealth; and
(B)of any trust of which the association is a trustee.

Maximum penalty: $5 000.
(3)A prescribed association will not be taken to have complied with subsection (2) unless the accounts prepared for a financial year are submitted to the auditor in sufficient time to enable the auditor to audit the accounts and furnish a report in respect of the accounts in accordance with section 37(3).
(4)A person who is—
(a)an officer; or
(b)a partner, employer or employee of an officer; or
(ba)an employee; or
(c)a partner or employee of an employee,

of a prescribed association, may not be appointed as auditor of the accounts of the association for the purposes of this section.
(5)The committee of a prescribed association must cause a report of the committee to be made in accordance with a resolution of the committee and signed by two or more members of the committee, stating in relation to each officer of the association—
(a)whether or not, during the financial year to which the accounts relate—
(i)the officer; or

(ii)a firm of which the officer is a member; or
(iii)a body corporate in which the officer has a substantial financial interest,

has received or become entitled to receive a benefit as a result of a contract between the officer, firm or body corporate and the association, and if so the general nature of the benefit;
(b)whether or not, during the financial year to which the accounts relate, the officer has received directly or indirectly from the association any payment or other benefit of a pecuniary value, and if so the general nature and extent of that benefit.

(6)The committee of a prescribed association that has members must cause—
(a)the audited accounts including the statement prepared in accordance with subsection (2)(c); and
(b)the auditor's report on those accounts; and
(c)the report of the committee prepared in accordance with subsection (5),

to be laid before the members of the association at the annual general meeting of the association or, if an annual general meeting is not to be held, within five months of the end of the financial year to which the accounts relate.
(7)A member of the committee of an association who fails to take all reasonable steps to comply with or secure compliance with this section is guilty of an offence.
Maximum penalty:
(a)if the offence is committed with intent to deceive or defraud the association, creditors of the association or creditors of any other person or for any fraudulent purpose—$20 000 or imprisonment for four years; or
(b)in any other case—$5 000.

36—Lodgment of periodic returns
(1)A prescribed association must lodge with the Commission such periodic returns, containing accounts and other information relevant to the affairs of the association, as the regulations may require.
(2)The requirements of the regulations in relation to periodic returns and the accounts and other information to be contained in them may vary according to the various classes of associations to which the regulations are expressed to apply but no such regulation may require the disclosure of the identity of members of the association.
(3)If a prescribed association fails to comply with subsection (1), the association is guilty of an offence.
Maximum penalty: $5 000.
37—Provisions relating to auditors acting under this Division
(1)An auditor of a prescribed association has a right of access at all reasonable times to the accounting records and other records of the association and is entitled to require from any officer of the association such information and explanations as he or she desires for the purposes of an audit.
(2)An officer of a prescribed association must not, without lawful excuse—
(a)refuse or fail to allow an auditor of the association access, for the purposes of this Division, to any accounting records and other records of the association in his or her custody or control; or
(b)refuse or fail to give any information or explanation as and when required by the auditor; or
(c)otherwise hinder, obstruct or delay an auditor in the performance of his or her duties or the exercise of his or her powers as auditor.

Maximum penalty: $1 250.
(3)The auditor of a prescribed association must furnish to the committee of the association, in sufficient time to enable the committee to comply with section 35(6), a report that states—
(a)in respect of accounts consisting of an account of income and expenditure and a balance sheet, whether or not the auditor is satisfied that these accounts are drawn up so as to present fairly—
(i)the results of the association's activities for the association's financial year; and

(ii)the financial state of the association at the end of the association's financial year; and

(b)in respect of accounts consisting of an account of receipts and payments and a statement of assets and liabilities, whether or not the auditor is satisfied that these accounts present fairly—
(i)the results of the association's activities for the association's financial year; and

(ii)the financial state of the association at the end of the association's financial year,

notwithstanding that the accounts may not have been prepared on the accrual method of accounting; and
(c)whether the auditor has examined the accounts and auditors' reports of—
(i)each body corporate that is a subsidiary of the association within the meaning of section 46 of the Corporations Act 2001 of the Commonwealth; and

(ii)each trust of which the association is a trustee,

and the conclusions drawn from the examination; and
(e)whether the auditor has obtained all of the information and explanations that he or she required from the association.

(4)If, in the course of performing his or her duties, an auditor of a prescribed association is satisfied that—
(a)it is likely that there has been a contravention of, or failure to comply with, a provision of this Act or a rule of the association; or
(b)there is a deficiency in relation to the accounts or information in respect of the activities of the association that, in the auditor's opinion, will not be adequately dealt with by bringing the matter to the notice of the committee of the association,

the auditor must immediately report the matter to the Commission by notice in writing.
(5)If an auditor is removed or dismissed as auditor of a prescribed association, the auditor must immediately report the matter of his or her removal or dismissal and the circumstances of the removal or dismissal to the Commission by notice in writing.
(6)An auditor of a prescribed association is not, in the absence of malice on his or her part, liable to any action for defamation in respect of any statement that he or she makes, orally or in writing, in the course of performing his or her duties as an auditor under this Act.
(7)In subsection (6)—
auditor includes a person who has been removed or dismissed as the auditor of a prescribed association.
(8)Subsection (6) does not limit or affect any right, privilege or immunity that an auditor has, apart from that subsection, as a defendant in an action for defamation.
37A—Payment of auditor
The reasonable fees and expenses of an auditor of a prescribed association are payable by the association.
38—Power of exemption
(1)The Commission may, on the written application of an incorporated association to which this Division applies, or on its own motion, exempt an association from the obligation to comply with one or more provisions of this Division.
(2)An exemption under subsection (1) may be granted upon such conditions as the Commission thinks fit and may, at any time, by instrument in writing, be varied or revoked by the Commission.

Division 3—Annual general meeting
39—Annual general meeting
(1)Subject to this section, a prescribed association must hold an annual general meeting—
(a)if the prescribed association is a relevant prescribed association (within the meaning of section 33)—within 6 months; or
(b)in any other case—within 5 months,

after the end of the financial year of the association.
(2)A prescribed association may hold its first annual general meeting at any time within the period of 18 months after its incorporation.
(4)The Commission may, on the written application of a prescribed association, or on its own motion, exempt an association from the obligation to comply with a requirement of this section.
(5)An exemption under subsection (4) may be granted upon such conditions as the Commission thinks fit and may, at any time, by instrument in writing, be varied or revoked by the Commission.
(6)This section does not apply to an incorporated association where the rules of the association do not provide for the membership of the association.

Division 3A—Duties of officers etc
39A—Duties of officers etc
(1)An officer of an incorporated association must not, in the exercise of his or her powers or the discharge of the duties of his or her office, commit an act with intent to deceive or defraud the association, members or creditors of the association or creditors of any other person or for any fraudulent purpose.
Maximum penalty: $20 000 or imprisonment for four years.
(2)An officer or employee of an incorporated association, or former officer or employee of an incorporated association, must not make improper use of information acquired by virtue of his or her position in the association so as to gain, directly or indirectly, any pecuniary benefit or material advantage for himself or herself or any other person, or so as to cause a detriment to the association.
Maximum penalty: $20 000 or imprisonment for four years.
(3)An officer or employee of an incorporated association must not make improper use of his or her position as such an officer or employee so as to gain, directly or indirectly, any pecuniary benefit or material advantage for himself or herself or any other person, or so as to cause a detriment to the association.
Maximum penalty: $20 000 or imprisonment for four years.
(4)An officer of a prescribed association must at all times act with reasonable care and diligence in the exercise of his or her powers and the discharge of the duties of his or her office.
Maximum penalty: $1 250.
(5)A person who contravenes a provision of this section is liable to the association for any profit made by him or her and for any damage suffered by the association as a result of that contravention.
39AB—Reliance on information or advice provided by others
If an officer of an incorporated association—
(a)relies on information, or professional or expert advice, given or prepared by—
(i)an employee of the association whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or

(ii)a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person's professional or expert competence; or
(iii)another officer of the association in relation to matters within that officer's authority; or
(iv)a subcommittee of officers on which the officer did not serve in relation to matters within the subcommittee's authority; and

(b)the reliance was made—
(i)in good faith; and

(ii)after making an independent assessment of the information or advice, having regard to the officer's knowledge of the association and the complexity of the structure and operations of the association; and

(c)the reasonableness of the officer's reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Act or an equivalent general law duty,

the officer's reliance on the information or advice is, in the absence of proof to the contrary, taken to be reasonable.
39B—Provisions indemnifying officers or auditors
(1)Any provision, whether contained in the rules of an incorporated association or in a contract with the association or otherwise, exempting any officer or auditor of the association from, or indemnifying him or her against, any liability to the association that by law would otherwise attach to him or her in respect of any negligence, default, breach of duty or breach of trust of which he or she may be guilty in relation to the association, is void.
(2)Notwithstanding anything in this section, an incorporated association may, pursuant to its rules or otherwise, indemnify an officer or auditor against any liability incurred by him or her in defending any proceedings, whether civil or criminal, in which judgment is given in his or her favour or in which he or she is acquitted.
(3)Subsection (1) does not apply in respect of a contract of insurance.

Division 3B—Records
39C—Keeping of records
(1)An incorporated association must keep such accounting records as correctly record and explain the transactions of the association and the financial position of the association.
(2)The accounting records must be kept at the place at which the association is situated or established within the State or in the custody of an officer of the association in accordance with its rules or a resolution of the committee of the association.
(3)If an incorporated association fails to comply with subsection (1), the association and any officer of the association who is in default are each guilty of an offence.
Maximum penalty:
(a)if the offence is committed in respect of a prescribed association—$2 500; or
(b)in any other case—$1 250.

39D—Inspection of records
(1)A member of an incorporated association may apply to the District Court for an order authorising an inspection of the association's books on behalf of the member by a person authorised under this Act to audit the accounts of a prescribed association or a legal practitioner.
(2)If the Court is satisfied that—
(a)the member is acting in good faith; and
(b)the inspection is for a proper purpose,

the Court may make an order authorising a person authorised under this Act to audit the accounts of a prescribed association or a legal practitioner, at a time specified in the order, to inspect and make copies of or take extracts from the association's books.
(3)The Court may, on an application under this section, make such further or other orders as it thinks fit, including an order for costs.

Division 4—Disputes
40—Rules of natural justice to be applied in relation to adjudication of dispute
Where the committee of an incorporated association exercises any power of adjudication that it may have in relation to a dispute between its members, or a dispute between itself and members of the association, the rules of natural justice must be observed.

Part 5—Compromise, winding up, transfer of activities and dissolution
Division 1—General
40A—Power to compromise with creditors
An incorporated association is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to Part 5.1 of the Corporations Act 2001 of the Commonwealth, subject to the following modifications:
(a)the modifications necessary to give effect to this section and the succeeding provisions of this Part; and
(b)such other modifications (within the meaning of Part 3 of Corporations (Ancillary Provisions) Act 2001) as may be prescribed by the regulations.

40B—Power to enter into voluntary administration
An incorporated association is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to the provisions of Part 5.3A and Division 3 of Part 5.9 of the Corporations Act 2001 of the Commonwealth, subject to the following modifications:
(a)the modifications necessary to give effect to this section and the succeeding provisions of this Part; and
(b)such other modifications (within the meaning of Part 3 of Corporations (Ancillary Provisions) Act 2001) as may be prescribed by the regulations.

41—Winding up of incorporated associations
(1)Subject to the succeeding provisions of this Part, an incorporated association may be wound up—
(a)by the Supreme Court; or
(b)voluntarily; or
(c)on the certificate of the Commission issued with the consent of the Minister.

(2)An incorporated association is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to the provisions of Parts 5.4B, 5.5, 5.6, Divisions 1 and 2 of Part 5.7B, Division 3 of Part 5.9 and Part 5A.1 of the Corporations Act 2001 of the Commonwealth, subject to the following modifications:
(a)the modifications necessary to give effect to this section and the succeeding provisions of this Part; and
(b)such other modifications (within the meaning of Part 3 of Corporations (Ancillary Provisions) Act 2001) as may be prescribed by the regulations.

(3)The grounds on which an incorporated association may be wound up by the Supreme Court are as follows:

(i)it has taken action, or proposes to take action, to expel a member from the association in circumstances in which the action was, or would be, oppressive or unreasonable; or

(ii)it has engaged, or proposes to engage, in conduct that was, or would be, oppressive or unfairly prejudicial to, or unfairly discriminatory against, a member or was, or would be, contrary to the interests of the members as a whole; or
(iii)the rules of the association contain, or are proposed to be altered so that they will contain, provisions that are oppressive or unreasonable;

(b)a reference to engaging in conduct includes a reference to refusing or failing to take action.

62—Examination of persons concerned with associations
(1)In this section, a reference, in relation to an association, to a prescribed person, is to be construed as a reference to a liquidator or provisional liquidator of the association or to any other person authorised by the Commission to make applications under this section or to make an application under this section in relation to that association.
(2)Where it appears to the Commission or to a prescribed person that—
(a)a person who has taken part or been concerned in the formation, management, administration or winding up of, or has otherwise taken part or been concerned in affairs of, an association has been, or may have been, guilty of fraud, negligence, default, breach of trust, breach of duty or other misconduct in relation to that association; or
(b)a person may be capable of giving information in relation to the formation, management, administration or winding up of, or otherwise in relation to affairs of, an association,

the Commission or prescribed person may apply to the Supreme Court for an order under this section in relation to the person.
(3)Where an application is made under subsection (2) in relation to a person, the Court may, if it thinks fit, order that the person attend before the Court on a day and at a time to be fixed by the Court to be examined on oath or affirmation on any matters relating to the formation, management, administration or winding up of, or otherwise relating to affairs of, the association concerned.
(4)An examination under this section must be held in private except to such extent (if any) as the Court considers that, by reason of special circumstances, it is desirable to hold the examination in public.
(5)The Court, on making an order for an examination, or at any later time, on the application of any person concerned, may give such directions as to the matters to be inquired into, and, subject to subsection (4), as to the procedure to be followed (including, in the case of an examination in private, directions as to the persons who may be present), as it thinks fit.
(6)A person who is ordered under subsection (3) to attend before the Court must not, without reasonable excuse—
(a)fail to attend as required by the order; or
(b)fail to attend from day to day until the conclusion of the examination.

Maximum penalty: $10 000 or imprisonment for two years.
(7)A person attending before the Court for examination pursuant to an order made under subsection (3) must not refuse or fail to take an oath or make an affirmation.
Maximum penalty: $10 000 or imprisonment for two years.
(8)A person attending before the Court for examination pursuant to an order made under subsection (3) must not refuse or fail to answer a question that he or she is directed by the Court to answer.
Maximum penalty: $10 000 or imprisonment for two years.
(9)A person attending before the Court for examination pursuant to an order made under subsection (3), if directed by the Court to produce any books in his or her possession or under his or her control relevant to the matters on which he or she is to be, or is being, examined, must not refuse or fail to comply with the direction.
Maximum penalty: $10 000 or imprisonment for two years.
(10)Where the Court so directs a person to produce any books and the person has a lien on the books, the production of the books does not prejudice the lien.
(11)A person attending before the Court for examination pursuant to an order made under subsection (3) must not make any statement that is false or misleading in a material particular.
Maximum penalty: $10 000 or imprisonment for two years.
(12)A person is not excused from answering a question put to him or her at an examination held pursuant to an order made under subsection (3) on the ground that the answer might tend to incriminate him or her but, where the person claims, before answering the question, that the answer might tend to incriminate him or her, the answer is not admissible in evidence against him or her in criminal proceedings other than proceedings under this section or other proceedings in respect of the falsity of the answer.
(13)The Court may order the questions put to a person and the answers given by him or her at an examination under this section to be recorded in writing and may require him or her to sign that written record.
(14)Subject to subsection (12), any written record of an examination so signed by a person, or any transcript of an examination of a person that is authenticated as provided by the rules of the Court, may be used in evidence in any legal proceedings against the person.
(15)An examination under this section may, if the Court so directs and subject to the rules of the Court, be held before such other court as is specified by the Court and the powers of the Court under this section may be exercised by that other court.
(16)A person ordered to attend before the Court or another court for examination under this section may, at his or her own expense, employ a solicitor, or a solicitor and counsel, and the solicitor or counsel, as the case may be, may put to him or her such questions as the Court, or the other court (as the case may be) considers just for the purpose of enabling him or her to explain or qualify any answers or evidence given by him or her.
(17)The Court or another court before which an examination under this section takes place may, if it thinks fit, adjourn the examination from time to time.
(18)Where the Court that made the order under subsection (3) for an examination is satisfied that the order for the examination was obtained without reasonable cause, the Court may order the whole or any part of the costs incurred by the person ordered to be examined to be paid by the applicant or by any other person who, with the consent of the Court, took part in the examination.
62A—Orders against persons concerned with associations
(1)In this section, a reference to a prescribed person, in relation to an association, is to be construed as a reference to a liquidator or provisional liquidator of the association or to any other person authorised by the Commission to make applications under this section or to make an application under this section in relation to that association.
(2)Subject to subsection (3), where, on application by the Commission or a prescribed person, the Supreme Court is satisfied that—
(a)a person is guilty of fraud, negligence, default, breach of trust or breach of duty in relation to an association; and
(b)the association has suffered, or is likely to suffer, loss or damage as a result of the fraud, negligence, default, breach of trust or breach of duty,

the Court may make such order or orders as it thinks appropriate against or in relation to the person (including either or both of the orders specified in subsection (4)) and may so make an order against or in relation to a person notwithstanding that the person may have committed an offence in respect of the matter to which the order relates.
(3)The Court may not make an order against a person under subsection (2) unless the Court has given the person the opportunity—
(a)to give evidence himself or herself; and
(b)to call witnesses to give evidence; and
(c)to adduce other evidence in relation to the matters to which the application relates; and
(d)to employ, at his or her own expense, a solicitor, or a solicitor and counsel, to put to him or her, or to any other witness, such questions as the Court considers just for the purpose of enabling him or her to explain or qualify any answers or evidence given by him or her.

(4)The orders that may be made under subsection (2) against a person include—
(a)an order directing the person to pay money or transfer property to the association; and
(b)an order directing the person to pay to the association the amount of the loss or damage.

(5)Nothing in this section prevents any person from instituting any other proceedings in relation to matters in respect of which an application may be made under this section.
62B—Civil proceedings not to be stayed
No civil proceeding under this Act may be stayed by reason only that the proceeding discloses, or arises out of, the commission of an offence.
62C—Form and evidentiary value of books
(1)A book that is required by this Act to be kept or prepared may be kept or prepared—
(a)by making entries in a bound or looseleaf book; or
(b)by recording or storing the matters concerned by means of a mechanical, electronic or other device; or
(c)in any other manner approved by the Commission.

(2)Subsection (1) does not authorise a book to be kept or prepared by a mechanical, electronic or other device unless—
(a)the matters recorded or stored will be capable, at any time, of being reproduced in a written form; or
(b)a reproduction of those matters is kept in a written form approved by the Commission.

(3)An association must take all reasonable precautions, including such precautions (if any) as are prescribed, for guarding against damage to, destruction of or falsification of or in, and for discovery of falsification of or in, any book or part of a book required by this Act to be kept or prepared by the association.
(4)A writing that purports to reproduce matters recorded or stored by means of a mechanical, electronic or other device is, unless the contrary is established, to be taken to be a reproduction of those matters.
62D—Continuing offences
(1)Where a person is convicted of an offence against this Act and after that conviction the act or omission of the person that constituted the offence continues, the person is guilty of a further offence, and is liable to an additional penalty for each day on which the act or omission continues of an amount not exceeding one-tenth of the maximum penalty for the offence of which the person was convicted.
(2)For the purposes of subsection (1), an obligation to do something is to be regarded as continuing until the act is done, notwithstanding that any period within which, or time before which, the act is required to be done, has expired or passed.
62E—Proceedings for offences
(1)An offence against this Act that is not punishable by imprisonment is a summary offence.
(2)An offence against this Act that is punishable by imprisonment is, subject to subsection (3), an indictable offence.
(3)Where—
(a)proceedings for an offence against this Act that is punishable by imprisonment are brought in a court of summary jurisdiction; and
(b)the prosecutor requests the court to hear and determine the proceedings,

the offence is to be taken to be a summary offence and must be heard and determined as such.
(4)A court of summary jurisdiction may not—
(a)impose, in respect of any one offence against this Act, a period of imprisonment exceeding two years; or
(b)impose, in respect of offences against this Act, cumulative periods of imprisonment that, in aggregate, exceed five years.

(5)Nothing in this section renders a person liable to be punished more than once in respect of the same offence.
(6)A prosecution for an offence against this Act—
(a)may be commenced—
(i)by the Commission; or

(ii)by an officer or employee of the Commission; or
(iii)with the consent of the Minister, by any other person; and

(b)must be commenced within three years after the date on which the offence is alleged to have been committed or such further period as the Minister may, in a particular case, allow.

(7)A document apparently signed by the Minister and stating—
(a)that the Minister consents to a particular prosecution; or
(b)that the Minister allows a specified extension of the period for commencing a particular prosecution,

is to be accepted, in the absence of proof to the contrary, as proof of the fact so stated.
(8)In any proceedings for an offence against this Act, an allegation in the complaint that the complainant is an officer or employee of the Commission is, in the absence of proof to the contrary, to be accepted as proved.
63—Evidentiary provision
(1)An apparently genuine document purporting to be under the seal of the Commission and to be a certificate of incorporation of an association is to be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the incorporation of the association on the date specified in the certificate.
(2)An apparently genuine document purporting to be a copy of a document registered by, or lodged with, the Commission under this Act or the repealed Act and to be certified by the Commission as a true copy of such a document is to be accepted in any legal proceedings, in the absence of proof to the contrary, as a true copy of that document.
(3)The reference in subsection (2) to a document that has been certified by the Commission includes, where a reproduction or transparency of that document has been incorporated with a register kept by the Commission, a reference to that reproduction or transparency.
(4)An apparently genuine document purporting to be a copy of, or extract from, a record kept by an incorporated association and to be verified by an officer of the association authorised by the committee of the association for the purpose is to be accepted in any legal proceedings, in the absence of proof to the contrary, as a true copy of, or extract from, that record.
(5)An apparently genuine document purporting to bear the common seal of an incorporated association is to be presumed in any legal proceedings, in the absence of proof to the contrary, to have been duly executed by the incorporated association.
(6)In any proceedings—
(a)a certificate purporting to be under the seal of the Commission and certifying that at a date or during a period specified in the certificate an association, or no association (as the case may be), was incorporated under this Act or the repealed Act, by a name specified in the certificate, is to be accepted, in the absence of proof to the contrary, as proof of the matters so certified; and
(b)a certificate purporting to be under the seal of the Commission and certifying that an incorporated association has, or has not, complied with a requirement of this Act as to the filing or lodging of any document or return or the giving of any notice is to be accepted, in the absence of proof to the contrary, as proof of the matters so certified; and
(c)a certificate purporting to be under the seal of the Commission and certifying that a specified incorporated association has altered its name in the manner specified in the certificate, including the dates on which the alterations were registered by the Commission, is to be accepted, in the absence of proof to the contrary, as proof of the matters so certified; and
(d)a certificate purporting to be under the seal of the Commission and certifying that a specified incorporated association has been or is being wound up, including the date on which the winding up commenced and (if relevant) the date on which the association was dissolved, is to be accepted, in the absence of proof to the contrary, as proof of the matters so certified; and
(e)a certificate purporting to be under the seal of the Commission and certifying that specified incorporated associations amalgamated to form an incorporated association specified in the certificate, including the date of incorporation of the amalgamated association, is to be accepted, in the absence of proof to the contrary, as proof of the matters so certified.

(7)In any proceedings for an offence against this Act, an allegation in the complaint—
(a)that an association is or was at a specified time incorporated under this Act; or
(b)that an association is or was at a specified time a prescribed association; or
(c)that the defendant is or was at a specified time an officer of an association named in the complaint; or
(d)that any meeting of the members of an association required by a specified provision of this Act to be held has not been held as required by that provision,

is, in the absence of proof to the contrary, to be accepted as proved.
64—Service
Service of any process, notice or other document may be effected on an incorporated association—
(a)by serving the process, notice or other document personally on the public officer or a member of the committee of the association; or
(b)by serving the process, notice or other document by post on the public officer; or
(c)by leaving the process, notice or other document at the address of the public officer with any person apparently over the age of 18 years; or
(d)by transmitting it to the incorporated association by email to an email address provided to the Commission by the incorporated association for that purpose (in which case the process, notice, or other document will be taken to have been served at the time of transmission).

65—Use of abbreviation "Inc."
For the purposes of this Act, the abbreviation "Inc." may be used in place of the word "Incorporated".
66—Fees in respect of lodging documents
(1)Where a fee is payable to the Commission for or in respect of the lodging of a document with the Commission under this Act and the document is submitted without payment of the fee, the document is to be taken not to have been lodged until the fee has been paid to the Commission.
(2)Notwithstanding subsection (1), the Commission may—
(a)waive or reduce, in a particular case or classes of cases, fees that would otherwise be payable under this Act; and
(b)refund, in whole or in part, any fee paid under this Act.

67—Regulations
(1)The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.
(2)Without limiting the generality of subsection (1) those regulations may—
(a)prescribe model rules with a view to their adoption by incorporated associations or associations intending to apply for incorporation under this Act; and
(ab)modify or exclude the application of this Act in relation to Commonwealth registered entities (within the meaning of section 33); and
(b)prescribe forms for the purposes of this Act; and
(c)prescribe, and provide for the payment of, fees; and
(d)authorise the destruction of specified classes of documents lodged with the Commission under this Act or the repealed Act; and
(e)impose a fine not exceeding $1 250 for contravention of, or non-compliance with, a regulation.

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or repealed by principal Act
The Associations Incorporation Act 1985 repealed the following:
Associations Incorporation Act 1956
Principal Act and amendments
New entries appear in bold.

Year No Title Assent Commencement

1985 30 Associations Incorporation Act 1985 4.4.1985 28.6.1985 (Gazette 27.6.1985 p2244)

1985 100 Associations Incorporation Act Amendment Act 1985 7.11.1985 28.6.1985: s 2

1992 36 Associations Incorporation (Miscellaneous) Amendment Act 1992 21.5.1992 1.6.1993 (Gazette 20.5.1993 p1694)

1997 29 Associations Incorporation (Miscellaneous) Amendment Act 1997 12.6.1997 1.2.1998 (Gazette 24.12.1997 p1860)

1999 33 Financial Sector Reform (South Australia) Act 1999 17.6.1999 Sch (item 5)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)

2000 4 District Court (Administrative and Disciplinary Division) Amendment Act 2000 20.4.2000 Sch 1 (cl 3)—1.6.2000 (Gazette 18.5.2000 p2554)

2000 57 Statutes Amendment and Repeal (Attorney-General's Portfolio) Act 2000 20.7.2000 Pt 2 (s 4)—14.8.2000 (Gazette 10.8.2000 p444)

2000 65 Associations Incorporation (Oppressive or Unreasonable Acts) Amendment Act 2000 16.11.2000 15.2.2001 (Gazette 1.2.2001 p392)

2001 23 Statutes Amendment (Corporations) Act 2001 14.6.2001 Pt 5 (ss 9—19)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13 July 2001 (Gazette 21.6.2001 p2270)

2006 17 Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 9 (ss 41 & 42)—4.9.2006 (Gazette 17.8.2006 p2831)

2006 43 Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 9 (ss 32 & 33)—1.6.2007 (Gazette 26.4.2007 p1352)

2006 44 Statutes Amendment (Justice Portfolio) Act 2006 14.12.2006 Pt 3 (s 5)—18.1.2007 (Gazette 18.1.2007 p234)

2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 18 (s 36)—1.2.2010 (Gazette 28.1.2010 p320)

2016 24 Statutes Amendment (Commonwealth Registered Entities) Act 2016 2.6.2016 Pt 2 (ss 4—6)—1.1.2017 (Gazette 27.10.2016 p4237)

2016 29 Real Property (Electronic Conveyancing) Amendment Act 2016 16.6.2016 Sch 2—4.7.2016 (Gazette 30.6.2016 p2761)

2017 51 Statutes Amendment (SACAT No 2) Act 2017 28.11.2017 Pt 7 (ss 23 to 26)—22.2.2018 (Gazette 30.1.2018 p524)

2019 23 Associations Incorporation (Miscellaneous) Amendment Act 2019 3.10.2019 3.10.2019

2019 25 Statutes Amendment and Repeal (Simplify) Act 2019 3.10.2019 Pt 6 (ss 15 & 16)—1.7.2020 (Gazette 23.1.2020 p109)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.

Provision How varied Commencement

Long title amended by 36/1992 Sch 2 1.6.1993

s 2 deleted by 36/1992 Sch 2 1.6.1993

Pt 1

s 3

s 3(1)

accounts substituted by 36/1992 s 3(a) 1.6.1993

authorised person inserted by 36/1992 s 3(b) 1.6.1993

beneficiary inserted by 36/1992 s 3(b) 1.6.1993

body corporate inserted by 36/1992 s 3(b) 1.6.1993

substituted by 23/2001 s 9(a) 15.7.2001

committee deleted by 36/1992 s 3(c) 1.6.1993

domestic partner inserted by 43/2006 s 32(1) 1.6.2007

financial year amended by 36/1992 Sch 2 1.6.1993

substituted by 29/1997 s 3 1.2.1998

gross receipts inserted by 36/1992 s 3(d) 1.6.1993

insolvent under administration amended by 36/1992 Sch 2 1.6.1993

officer substituted by 36/1992 s 3(e) 1.6.1993

prescribed association inserted by 36/1992 s 3(e) 1.6.1993

putative spouse inserted by 36/1992 s 3(e) 1.6.1993

deleted by 43/2006 s 32(2) 1.6.2007

special resolution substituted by 100/1985 s 3 28.6.1985

amended by 36/1992 s 3(f), (g) 1.6.1993

spouse inserted by 43/2006 s 32(3) 1.6.2007

total receipts and payments inserted by 36/1992 s 3(h) 1.6.1993

Tribunal inserted by 51/2017 s 23 22.2.2018

s 3(2) amended by 36/1992 s 3(i) 1.6.1993

s 3(3) and (4) amended by 36/1992 Sch 2 1.6.1993

s 3(5) amended by 36/1992 s 3(j) 1.6.1993

deleted by 23/2001 s 9(b) 15.7.2001

s 3(6) inserted by 36/1992 s 3(k) 1.6.1993

amended by 23/2001 s 9(c) 15.7.2001

amended by 43/2006 s 32(4) 1.6.2007

s 3A inserted by 23/2001 s 10 15.7.2001

s 4 substituted by 36/1992 s 4 1.6.1993

Pt 2

s 5 amended by 36/1992 Sch 2 1.6.1993

s 6

s 6(1) amended by 36/1992 Sch 2 1.6.1993

s 6(2) amended by 29/1997 s 4(a) 1.2.1998

s 6(2a) inserted by 29/1997 s 4(b) 1.2.1998

s 7 substituted by 36/1992 s 5 1.6.1993

s 7(5) amended by 29/1997 s 21 (Sch) 1.2.1998

s 8 deleted by 36/1992 s 5 1.6.1993

ss 9 and 10 amended by 36/1992 Sch 2 1.6.1993

s 11

s 11(1) and (3) amended by 36/1992 Sch 2 1.6.1993

s 12 amended by 36/1992 Sch 2 1.6.1993

s 13

s 13(1) amended by 36/1992 s 6(a), Sch 2 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

s 13(2) amended by 36/1992 s 6(b), Sch 2 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

s 14

s 14(1) amended by 36/1992 s 7(a), (b), Sch 2 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

s 14(2) amended by 36/1992 s 7(c), Sch 2 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

s 14(3) amended by 36/1992 Sch 2 1.6.1993

s 14(4) amended by 36/1992 s 7(d), Sch 2 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

s 15

s 15(1) amended by 36/1992 Sch 2 1.6.1993

s 15(2) amended by 36/1992 s 8 1.6.1993

s 17 substituted by 36/1992 s 9 1.6.1993

s 17(1) amended by 29/1997 s 21 (Sch) 1.2.1998

s 17(2) amended by 51/2017 s 24 22.2.2018

Pt 3

s 18

s 18(5) amended by 36/1992 s 10(a) 1.6.1993

s 18(6) amended by 36/1992 s 10(b), (c), Sch 2 1.6.1993

amended by 43/2006 s 33 1.6.2007

s 18(7) amended by 36/1992 s 10(d) 1.6.1993

s 19

s 19(2) amended by 36/1992 s 11, Sch 2 1.6.1993

(b) deleted by 23/2019 s 3 3.10.2019

s 20

s 20(1) and (3) amended by 36/1992 Sch 2 1.6.1993

s 20(4) amended by 36/1992 Sch 2 1.6.1993

amended by 29/2016 Sch 2 4.7.2016

s 21

s 21(2) substituted by 36/1992 s 12 1.6.1993

s 22

s 22(1) amended by 36/1992 s 13(a) 1.6.1993

s 22(2) amended by 36/1992 s 13(b), Sch 2 1.6.1993

s 22(3), (4), (6) amended by 36/1992 Sch 2 1.6.1993

s 22(7) amended by 36/1992 Sch 2 1.6.1993

amended by 29/2016 Sch 2 4.7.2016

s 22(8) amended by 36/1992 Sch 2 1.6.1993

s 22(9) inserted by 36/1992 s 13(c) 1.6.1993

s 23

s 23 (1) s 23 redesignated as s 23(1) by 36/1992 s 14 1.6.1993

s 23(2) inserted by 36/1992 s 14 1.6.1993

s 23A inserted by 36/1992 s 15 1.6.1993

s 23A(1) (c)(iv) deleted by 29/1997 s 5 1.2.1998

s 24

s 24(1) substituted by 36/1992 s 16 1.6.1993

s 24(2) substituted by 36/1992 s 16 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

s 24(3) amended by 29/1997 s 6 1.2.1998

(b) deleted by 23/2019 s 4 3.10.2019

s 24(4) and (5) amended by 36/1992 Sch 2 1.6.1993

s 24(7) inserted by 100/1985 s 4 28.6.1985

s 24A inserted by 29/1997 s 7 1.2.1998

s 25 amended by 36/1992 Sch 2 1.6.1993

amended by 33/1999 Sch (item 5) 1.7.1999

s 28 amended by 36/1992 Sch 2 1.6.1993

Pt 4

Pt 4 Div 1

s 29

s 29(2) and (3) amended by 36/1992 Sch 2 1.6.1993

s 30 substituted by 36/1992 s 17 1.6.1993

s 30(1)—(3) amended by 29/1997 s 21 (Sch) 1.2.1998

s 31

s 31(1) amended by 36/1992 s 18(a), (b), Sch 2 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

s 31(2) amended by 36/1992 s 18(c) 1.6.1993

s 31(3) amended by 36/1992 Sch 2 1.6.1993

s 32

s 32(1) amended by 36/1992 s 19(a), (b), Sch 2 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

s 32(2) substituted by 36/1992 s 19(c) 1.6.1993

s 33 deleted by 36/1992 s 20 1.6.1993

Pt 4 Div 2 heading amended by 29/1997 s 8 1.2.1998

s 34 deleted by 36/1992 s 21 1.6.1993

ss 33—34B inserted by 24/2016 s 4 1.1.2017

s 35 substituted by 36/1992 s 21 1.6.1993

s 35(1) amended by 29/1997 s 21 (Sch) 1.2.1998

s 35(2) amended by 29/1997 ss 9(a), 21 (Sch) 1.2.1998

amended by 23/2001 s 11 15.7.2001

s 35(4) amended by 29/1997 s 9(b) 1.2.1998

s 35(5) amended by 29/1997 s 9(c)—(f) 1.2.1998

s 35(7) amended by 29/1997 s 21 (Sch) 1.2.1998

s 36

s 36(1) amended by 36/1992 s 22(a) 1.6.1993

s 36(3) substituted by 36/1992 s 22(b) 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

s 37 substituted by 36/1992 s 23 1.6.1993

s 37(2) amended by 29/1997 s 21 (Sch) 1.2.1998

s 37(3) (d) deleted by 29/1997 s 10(a) 1.2.1998

amended by 23/2001 s 12 15.7.2001

s 37(4) amended by 29/1997 s 10(b) 1.2.1998

s 37A inserted by 36/1992 s 23 1.6.1993

Pt 4 Div 3

s 39

s 39(1) amended by 36/1992 s 24(a) 1.6.1993

substituted by 24/2016 s 5 1.1.2017

s 39(2) amended by 36/1992 s 24(b) 1.6.1993

s 39(3) deleted by 36/1992 s 24(c) 1.6.1993

s 39(4) amended by 36/1992 s 24(d) 1.6.1993

Pt 4 Div 3A inserted by 36/1992 s 25 1.6.1993

s 39A

s 39A(1)—(4) amended by 29/1997 s 21 (Sch) 1.2.1998

s 39AB inserted by 44/2006 s 5 18.1.2007

Pt 4 Div 3B inserted by 36/1992 s 25 1.6.1993

s 39C

s 39C(3) amended by 29/1997 s 21 (Sch) 1.2.1998

Pt 4 Div 4

s 40 amended by 36/1992 Sch 2 1.6.1993

Pt 5 heading amended by 36/1992 s 26 1.6.1993

Pt 5 Div 1 heading inserted by 29/1997 s 11 1.2.1998

s 40A inserted by 36/1992 s 27 1.6.1993

substituted by 23/2001 s 13 15.7.2001

s 40B inserted by 29/1997 s 12 1.2.1998

substituted by 23/2001 s 13 15.7.2001

s 41 substituted by 36/1992 s 27 1.6.1993

s 41(2) amended by 29/1997 s 13 1.2.1998

amended by 57/2000 s 4 14.8.2000

substituted by 23/2001 s 14 15.7.2001

s 41(5) amended by 17/2006 s 41 4.9.2006

s 41A inserted by 36/1992 s 27 1.6.1993

s 41B inserted by 36/1992 s 27 1.6.1993

substituted by 29/1997 s 14 1.2.1998

s 41C inserted by 29/1997 s 14 1.2.1998

s 41D inserted by 29/1997 s 14 1.2.1998

s 41D(1) amended by 23/2001 s 15 15.7.2001

s 41E inserted by 29/1997 s 14 1.2.1998

amended by 23/2001 s 16 15.7.2001

s 42

s 42(3) amended by 36/1992 s 28(a) 1.6.1993

s 42(4) amended by 36/1992 Sch 2 1.6.1993

amended by 29/2016 Sch 2 4.7.2016

s 42(5) inserted by 36/1992 s 28(b) 1.6.1993

s 43

s 43(1) substituted by 36/1992 s 29 1.6.1993

s 43(1a) inserted by 36/1992 s 29 1.6.1993

s 43(2) and (4) amended by 36/1992 Sch 1 1.6.1993

s 43A inserted by 29/1997 s 15 1.2.1998

s 43A(7) substituted by 25/2019 s15 1.7.2020

s 44

s 44(1) substituted by 25/2019 s16 1.7.2020

s 44(3) inserted by 36/1992 s 30 1.6.1993

s 44A inserted by 36/1992 s 31 1.6.1993

s 45

s 45(1) deleted by 36/1992 Sch 2 1.6.1993

s 45(3) amended by 36/1992 Sch 2 1.6.1993

s 46

s 46(3) amended by 100/1985 s 5 28.6.1985

s 46(4)—(7) amended by 36/1992 Sch 2 1.6.1993

ss 47—49 amended by 36/1992 Sch 2 1.6.1993

Pt 5 Div 2 inserted by 29/1997 s 16 1.2.1998

s 49AA

s 49AA(4)

relevant day amended by 23/2001 s 17 15.7.2001

s 49AF

s 49AF(2) amended by 23/2001 s 18 15.7.2001

Pt 6

s 49A inserted by 36/1992 s 32 1.6.1993

s 49A(3) amended by 29/1997 s 21 (Sch) 1.2.1998

s 49B inserted by 36/1992 s 32 1.6.1993

deleted by 84/2009 s 36 1.2.2010

s 50

s 50(1) amended by 4/2000 s 9(1) (Sch 1 cl 3(a)) 1.6.2000

substituted by 51/2017 s 25(1) 22.2.2018

s 50(2) substituted by 51/2017 s 25(1) 22.2.2018

s 50(2a) inserted by 36/1992 s 33 1.6.1993

deleted by 4/2000 s 9(1) (Sch 1 cl 3(b)) 1.6.2000

s 50(3) deleted by 4/2000 s 9(1) (Sch 1 cl 3(c)) 1.6.2000

s 50(4) amended by 36/1992 Sch 2 1.6.1993

amended by 4/2000 s 9(1) (Sch 1 cl 3(d)) 1.6.2000

amended by 51/2017 s 25(2), (3) 22.2.2018

s 50(5) amended by 36/1992 Sch 2 1.6.1993

amended in pursuance of the Acts Republication Act 1967 1.6.2000

substituted by 51/2017 s 25(4) 22.2.2018

s 50(6) inserted by 51/2017 s 25(4) 22.2.2018

s 51 amended by 100/1985 s 6 28.6.1985

substituted by 36/1992 s 34 1.6.1993

s 51(2) and (7) amended by 29/1997 s 21 (Sch) 1.2.1998

s 52 deleted by 36/1992 s 35 1.6.1993

s 53 substituted by 36/1992 s 36 1.6.1993

s 53(5) amended by 29/1997 s 21 (Sch) 1.2.1998

s 53A inserted by 29/1997 s 17 1.2.1998

s 54 amended by 36/1992 s 37, Sch 2 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

s 55 substituted by 36/1992 s 38 1.6.1993

s 55(4) amended by 29/1997 s 21 (Sch) 1.2.1998

s 56

s 56(1) and (3) amended by 36/1992 Sch 2 1.6.1993

s 56(4) substituted by 36/1992 s 38(a) 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

s 56(5) amended by 36/1992 s 38(b), Sch 2 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

s 57 substituted by 36/1992 s 40 1.6.1993

s 57(1) and (2) amended by 29/1997 s 21 (Sch) 1.2.1998

s 58 deleted by 36/1992 s 41 1.6.1993

inserted by 29/1997 s 18 1.2.1998

s 58A inserted by 29/1997 s 18 1.2.1998

s 59

s 59(2) amended by 36/1992 s 42, Sch 2 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

s 60 amended by 36/1992 s 43, Sch 2 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

s 61 amended by 36/1992 s 44, Sch 2 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

substituted by 65/2000 s 3 15.2.2001

s 61(11) substituted by 23/2001 s 19 15.7.2001

s 61(13) amended by 17/2006 s 42 4.9.2006

s 62 substituted by 36/1992 s 45 1.6.1993

s 62(6)—(9) and (11) amended by 29/1997 s 21 (Sch) 1.2.1998

ss 62A—62E inserted by 36/1992 s 45 1.6.1993

s 63

s 63(1), (2), (4) and (5) amended by 36/1992 Sch 2 1.6.1993

s 63(6) amended by 36/1992 Sch 2 1.6.1993

amended by 29/1997 s 19 1.2.1998

s 63(7) inserted by 36/1992 s 46 1.6.1993

s 64 amended by 23/2019 s 5 3.10.2019

s 66

s 66(1) amended by 36/1992 Sch 2 1.6.1993

s 67

s 67(2) amended by 36/1992 s 47 1.6.1993

amended by 29/1997 s 21 (Sch) 1.2.1998

amended by 24/2016 s 6 1.1.2017

Sch inserted by 36/1992 s 48 (Sch 3) 1.6.1993

deleted by 29/1997 s 20 1.2.1998
Transitional etc provisions associated with Act or amendments
Associations Incorporation (Miscellaneous) Amendment Act 1992, Sch 1—Transitional provisions
(1)The provisions of Div 2 of Pt 4 of the principal Act as in force immediately before the commencement of this Act continue to apply to an incorporated association in relation to a financial year of the association that commenced before the commencement of this Act.
(2)The provisions of Div 2 of Pt 4 of the principal Act as amended by this Act apply to an incorporated association in relation to a financial year of the association that commences after the commencement of this Act.
Statutes Amendment (SACAT No 2) Act 2017, Pt 7
26—Transitional provisions
(1)A right of appeal under section 50 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.
(2)Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.
(3)In this section—
principal Act means the Associations Incorporation Act 1985;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal.
Historical versions

Reprint No 1—1.7.1991

Reprint No 2—1.6.1993

Reprint No 3—1.2.1998

Reprint No 4—1.7.1999

Reprint No 5—1.6.2000

Reprint No 6—14.8.2000

Reprint No 7—15.2.2000

Reprint No 8—15.7.2001

4.9.2006

18.1.2007

1.6.2007

1.2.2010

4.7.2016

1.1.2017

22.2.2018

3.10.2019

Year	No	Title	Assent	Commencement
1985	30	Associations Incorporation Act 1985	4.4.1985	28.6.1985 (Gazette 27.6.1985 p2244)
1985	100	Associations Incorporation Act Amendment Act 1985	7.11.1985	28.6.1985: s 2
1992	36	Associations Incorporation (Miscellaneous) Amendment Act 1992	21.5.1992	1.6.1993 (Gazette 20.5.1993 p1694)
1997	29	Associations Incorporation (Miscellaneous) Amendment Act 1997	12.6.1997	1.2.1998 (Gazette 24.12.1997 p1860)
1999	33	Financial Sector Reform (South Australia) Act 1999	17.6.1999	Sch (item 5)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)
2000	4	District Court (Administrative and Disciplinary Division) Amendment Act 2000	20.4.2000	Sch 1 (cl 3)—1.6.2000 (Gazette 18.5.2000 p2554)
2000	57	Statutes Amendment and Repeal (Attorney-General's Portfolio) Act 2000	20.7.2000	Pt 2 (s 4)—14.8.2000 (Gazette 10.8.2000 p444)
2000	65	Associations Incorporation (Oppressive or Unreasonable Acts) Amendment Act 2000	16.11.2000	15.2.2001 (Gazette 1.2.2001 p392)
2001	23	Statutes Amendment (Corporations) Act 2001	14.6.2001	Pt 5 (ss 9—19)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13 July 2001 (Gazette 21.6.2001 p2270)
2006	17	Statutes Amendment (New Rules of Civil Procedure) Act 2006	6.7.2006	Pt 9 (ss 41 & 42)—4.9.2006 (Gazette 17.8.2006 p2831)
2006	43	Statutes Amendment (Domestic Partners) Act 2006	14.12.2006	Pt 9 (ss 32 & 33)—1.6.2007 (Gazette 26.4.2007 p1352)
2006	44	Statutes Amendment (Justice Portfolio) Act 2006	14.12.2006	Pt 3 (s 5)—18.1.2007 (Gazette 18.1.2007 p234)
2009	84	Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 18 (s 36)—1.2.2010 (Gazette 28.1.2010 p320)
2016	24	Statutes Amendment (Commonwealth Registered Entities) Act 2016	2.6.2016	Pt 2 (ss 4—6)—1.1.2017 (Gazette 27.10.2016 p4237)
2016	29	Real Property (Electronic Conveyancing) Amendment Act 2016	16.6.2016	Sch 2—4.7.2016 (Gazette 30.6.2016 p2761)
2017	51	Statutes Amendment (SACAT No 2) Act 2017	28.11.2017	Pt 7 (ss 23 to 26)—22.2.2018 (Gazette 30.1.2018 p524)
2019	23	Associations Incorporation (Miscellaneous) Amendment Act 2019	3.10.2019	3.10.2019
2019	25	*Statutes Amendment and Repeal (Simplify) Act 2019*	3.10.2019	*Pt 6 (ss 15 & 16)—1.7.2020 (Gazette 23.1.2020 p109)*

Provision	How varied	Commencement
Long title	amended by 36/1992 Sch 2	1.6.1993
s 2	deleted by 36/1992 Sch 2	1.6.1993
Pt 1
s 3
s 3(1)
accounts	substituted by 36/1992 s 3(a)	1.6.1993
authorised person	inserted by 36/1992 s 3(b)	1.6.1993
beneficiary	inserted by 36/1992 s 3(b)	1.6.1993
body corporate	inserted by 36/1992 s 3(b)	1.6.1993
substituted by 23/2001 s 9(a)	15.7.2001
committee	deleted by 36/1992 s 3(c)	1.6.1993
domestic partner	inserted by 43/2006 s 32(1)	1.6.2007
financial year	amended by 36/1992 Sch 2	1.6.1993
substituted by 29/1997 s 3	1.2.1998
gross receipts	inserted by 36/1992 s 3(d)	1.6.1993
insolvent under administration	amended by 36/1992 Sch 2	1.6.1993
officer	substituted by 36/1992 s 3(e)	1.6.1993
prescribed association	inserted by 36/1992 s 3(e)	1.6.1993
putative spouse	inserted by 36/1992 s 3(e)	1.6.1993
deleted by 43/2006 s 32(2)	1.6.2007
special resolution	substituted by 100/1985 s 3	28.6.1985
amended by 36/1992 s 3(f), (g)	1.6.1993
spouse	inserted by 43/2006 s 32(3)	1.6.2007
total receipts and payments	inserted by 36/1992 s 3(h)	1.6.1993
Tribunal	inserted by 51/2017 s 23	22.2.2018
s 3(2)	amended by 36/1992 s 3(i)	1.6.1993
s 3(3) and (4)	amended by 36/1992 Sch 2	1.6.1993
s 3(5)	amended by 36/1992 s 3(j)	1.6.1993
deleted by 23/2001 s 9(b)	15.7.2001
s 3(6)	inserted by 36/1992 s 3(k)	1.6.1993
amended by 23/2001 s 9(c)	15.7.2001
amended by 43/2006 s 32(4)	1.6.2007
s 3A	inserted by 23/2001 s 10	15.7.2001
s 4	substituted by 36/1992 s 4	1.6.1993
Pt 2
s 5	amended by 36/1992 Sch 2	1.6.1993
s 6
s 6(1)	amended by 36/1992 Sch 2	1.6.1993
s 6(2)	amended by 29/1997 s 4(a)	1.2.1998
s 6(2a)	inserted by 29/1997 s 4(b)	1.2.1998
s 7	substituted by 36/1992 s 5	1.6.1993
s 7(5)	amended by 29/1997 s 21 (Sch)	1.2.1998
s 8	deleted by 36/1992 s 5	1.6.1993
ss 9 and 10	amended by 36/1992 Sch 2	1.6.1993
s 11
s 11(1) and (3)	amended by 36/1992 Sch 2	1.6.1993
s 12	amended by 36/1992 Sch 2	1.6.1993
s 13
s 13(1)	amended by 36/1992 s 6(a), Sch 2	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
s 13(2)	amended by 36/1992 s 6(b), Sch 2	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
s 14
s 14(1)	amended by 36/1992 s 7(a), (b), Sch 2	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
s 14(2)	amended by 36/1992 s 7(c), Sch 2	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
s 14(3)	amended by 36/1992 Sch 2	1.6.1993
s 14(4)	amended by 36/1992 s 7(d), Sch 2	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
s 15
s 15(1)	amended by 36/1992 Sch 2	1.6.1993
s 15(2)	amended by 36/1992 s 8	1.6.1993
s 17	substituted by 36/1992 s 9	1.6.1993
s 17(1)	amended by 29/1997 s 21 (Sch)	1.2.1998
s 17(2)	amended by 51/2017 s 24	22.2.2018
Pt 3
s 18
s 18(5)	amended by 36/1992 s 10(a)	1.6.1993
s 18(6)	amended by 36/1992 s 10(b), (c), Sch 2	1.6.1993
amended by 43/2006 s 33	1.6.2007
s 18(7)	amended by 36/1992 s 10(d)	1.6.1993
s 19
s 19(2)	amended by 36/1992 s 11, Sch 2	1.6.1993
(b) deleted by 23/2019 s 3	3.10.2019
s 20
s 20(1) and (3)	amended by 36/1992 Sch 2	1.6.1993
s 20(4)	amended by 36/1992 Sch 2	1.6.1993
amended by 29/2016 Sch 2	4.7.2016
s 21
s 21(2)	substituted by 36/1992 s 12	1.6.1993
s 22
s 22(1)	amended by 36/1992 s 13(a)	1.6.1993
s 22(2)	amended by 36/1992 s 13(b), Sch 2	1.6.1993
s 22(3), (4), (6)	amended by 36/1992 Sch 2	1.6.1993
s 22(7)	amended by 36/1992 Sch 2	1.6.1993
amended by 29/2016 Sch 2	4.7.2016
s 22(8)	amended by 36/1992 Sch 2	1.6.1993
s 22(9)	inserted by 36/1992 s 13(c)	1.6.1993
s 23
s 23 (1)	s 23 redesignated as s 23(1) by 36/1992 s 14	1.6.1993
s 23(2)	inserted by 36/1992 s 14	1.6.1993
s 23A	inserted by 36/1992 s 15	1.6.1993
s 23A(1)	(c)(iv) deleted by 29/1997 s 5	1.2.1998
s 24
s 24(1)	substituted by 36/1992 s 16	1.6.1993
s 24(2)	substituted by 36/1992 s 16	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
s 24(3)	amended by 29/1997 s 6	1.2.1998
(b) deleted by 23/2019 s 4	3.10.2019
s 24(4) and (5)	amended by 36/1992 Sch 2	1.6.1993
s 24(7)	inserted by 100/1985 s 4	28.6.1985
s 24A	inserted by 29/1997 s 7	1.2.1998
s 25	amended by 36/1992 Sch 2	1.6.1993
amended by 33/1999 Sch (item 5)	1.7.1999
s 28	amended by 36/1992 Sch 2	1.6.1993
Pt 4
Pt 4 Div 1
s 29
s 29(2) and (3)	amended by 36/1992 Sch 2	1.6.1993
s 30	substituted by 36/1992 s 17	1.6.1993
s 30(1)—(3)	amended by 29/1997 s 21 (Sch)	1.2.1998
s 31
s 31(1)	amended by 36/1992 s 18(a), (b), Sch 2	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
s 31(2)	amended by 36/1992 s 18(c)	1.6.1993
s 31(3)	amended by 36/1992 Sch 2	1.6.1993
s 32
s 32(1)	amended by 36/1992 s 19(a), (b), Sch 2	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
s 32(2)	substituted by 36/1992 s 19(c)	1.6.1993
s 33	deleted by 36/1992 s 20	1.6.1993
Pt 4 Div 2	heading amended by 29/1997 s 8	1.2.1998
s 34	deleted by 36/1992 s 21	1.6.1993
ss 33—34B	inserted by 24/2016 s 4	1.1.2017
s 35	substituted by 36/1992 s 21	1.6.1993
s 35(1)	amended by 29/1997 s 21 (Sch)	1.2.1998
s 35(2)	amended by 29/1997 ss 9(a), 21 (Sch)	1.2.1998
amended by 23/2001 s 11	15.7.2001
s 35(4)	amended by 29/1997 s 9(b)	1.2.1998
s 35(5)	amended by 29/1997 s 9(c)—(f)	1.2.1998
s 35(7)	amended by 29/1997 s 21 (Sch)	1.2.1998
s 36
s 36(1)	amended by 36/1992 s 22(a)	1.6.1993
s 36(3)	substituted by 36/1992 s 22(b)	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
s 37	substituted by 36/1992 s 23	1.6.1993
s 37(2)	amended by 29/1997 s 21 (Sch)	1.2.1998
s 37(3)	(d) deleted by 29/1997 s 10(a)	1.2.1998
amended by 23/2001 s 12	15.7.2001
s 37(4)	amended by 29/1997 s 10(b)	1.2.1998
s 37A	inserted by 36/1992 s 23	1.6.1993
Pt 4 Div 3
s 39
s 39(1)	amended by 36/1992 s 24(a)	1.6.1993
substituted by 24/2016 s 5	1.1.2017
s 39(2)	amended by 36/1992 s 24(b)	1.6.1993
s 39(3)	deleted by 36/1992 s 24(c)	1.6.1993
s 39(4)	amended by 36/1992 s 24(d)	1.6.1993
Pt 4 Div 3A	inserted by 36/1992 s 25	1.6.1993
s 39A
s 39A(1)—(4)	amended by 29/1997 s 21 (Sch)	1.2.1998
s 39AB	inserted by 44/2006 s 5	18.1.2007
Pt 4 Div 3B	inserted by 36/1992 s 25	1.6.1993
s 39C
s 39C(3)	amended by 29/1997 s 21 (Sch)	1.2.1998
Pt 4 Div 4
s 40	amended by 36/1992 Sch 2	1.6.1993
Pt 5	heading amended by 36/1992 s 26	1.6.1993
Pt 5 Div 1	heading inserted by 29/1997 s 11	1.2.1998
s 40A	inserted by 36/1992 s 27	1.6.1993
substituted by 23/2001 s 13	15.7.2001
s 40B	inserted by 29/1997 s 12	1.2.1998
substituted by 23/2001 s 13	15.7.2001
s 41	substituted by 36/1992 s 27	1.6.1993
s 41(2)	amended by 29/1997 s 13	1.2.1998
amended by 57/2000 s 4	14.8.2000
substituted by 23/2001 s 14	15.7.2001
s 41(5)	amended by 17/2006 s 41	4.9.2006
s 41A	inserted by 36/1992 s 27	1.6.1993
s 41B	inserted by 36/1992 s 27	1.6.1993
substituted by 29/1997 s 14	1.2.1998
s 41C	inserted by 29/1997 s 14	1.2.1998
s 41D	inserted by 29/1997 s 14	1.2.1998
s 41D(1)	amended by 23/2001 s 15	15.7.2001
s 41E	inserted by 29/1997 s 14	1.2.1998
amended by 23/2001 s 16	15.7.2001
s 42
s 42(3)	amended by 36/1992 s 28(a)	1.6.1993
s 42(4)	amended by 36/1992 Sch 2	1.6.1993
amended by 29/2016 Sch 2	4.7.2016
s 42(5)	inserted by 36/1992 s 28(b)	1.6.1993
s 43
s 43(1)	substituted by 36/1992 s 29	1.6.1993
s 43(1a)	inserted by 36/1992 s 29	1.6.1993
s 43(2) and (4)	amended by 36/1992 Sch 1	1.6.1993
s 43A	inserted by 29/1997 s 15	1.2.1998
s 43A(7)	substituted by 25/2019 s15	1.7.2020
s 44
s 44(1)	substituted by 25/2019 s16	1.7.2020
s 44(3)	inserted by 36/1992 s 30	1.6.1993
s 44A	inserted by 36/1992 s 31	1.6.1993
s 45
s 45(1)	deleted by 36/1992 Sch 2	1.6.1993
s 45(3)	amended by 36/1992 Sch 2	1.6.1993
s 46
s 46(3)	amended by 100/1985 s 5	28.6.1985
s 46(4)—(7)	amended by 36/1992 Sch 2	1.6.1993
ss 47—49	amended by 36/1992 Sch 2	1.6.1993
Pt 5 Div 2	inserted by 29/1997 s 16	1.2.1998
s 49AA
s 49AA(4)
relevant day	amended by 23/2001 s 17	15.7.2001
s 49AF
s 49AF(2)	amended by 23/2001 s 18	15.7.2001
Pt 6
s 49A	inserted by 36/1992 s 32	1.6.1993
s 49A(3)	amended by 29/1997 s 21 (Sch)	1.2.1998
s 49B	inserted by 36/1992 s 32	1.6.1993
deleted by 84/2009 s 36	1.2.2010
s 50
s 50(1)	amended by 4/2000 s 9(1) (Sch 1 cl 3(a))	1.6.2000
substituted by 51/2017 s 25(1)	22.2.2018
s 50(2)	substituted by 51/2017 s 25(1)	22.2.2018
s 50(2a)	inserted by 36/1992 s 33	1.6.1993
deleted by 4/2000 s 9(1) (Sch 1 cl 3(b))	1.6.2000
s 50(3)	deleted by 4/2000 s 9(1) (Sch 1 cl 3(c))	1.6.2000
s 50(4)	amended by 36/1992 Sch 2	1.6.1993
amended by 4/2000 s 9(1) (Sch 1 cl 3(d))	1.6.2000
amended by 51/2017 s 25(2), (3)	22.2.2018
s 50(5)	amended by 36/1992 Sch 2	1.6.1993
amended in pursuance of the Acts Republication Act 1967	1.6.2000
substituted by 51/2017 s 25(4)	22.2.2018
s 50(6)	inserted by 51/2017 s 25(4)	22.2.2018
s 51	amended by 100/1985 s 6	28.6.1985
substituted by 36/1992 s 34	1.6.1993
s 51(2) and (7)	amended by 29/1997 s 21 (Sch)	1.2.1998
s 52	deleted by 36/1992 s 35	1.6.1993
s 53	substituted by 36/1992 s 36	1.6.1993
s 53(5)	amended by 29/1997 s 21 (Sch)	1.2.1998
s 53A	inserted by 29/1997 s 17	1.2.1998
s 54	amended by 36/1992 s 37, Sch 2	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
s 55	substituted by 36/1992 s 38	1.6.1993
s 55(4)	amended by 29/1997 s 21 (Sch)	1.2.1998
s 56
s 56(1) and (3)	amended by 36/1992 Sch 2	1.6.1993
s 56(4)	substituted by 36/1992 s 38(a)	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
s 56(5)	amended by 36/1992 s 38(b), Sch 2	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
s 57	substituted by 36/1992 s 40	1.6.1993
s 57(1) and (2)	amended by 29/1997 s 21 (Sch)	1.2.1998
s 58	deleted by 36/1992 s 41	1.6.1993
inserted by 29/1997 s 18	1.2.1998
s 58A	inserted by 29/1997 s 18	1.2.1998
s 59
s 59(2)	amended by 36/1992 s 42, Sch 2	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
s 60	amended by 36/1992 s 43, Sch 2	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
s 61	amended by 36/1992 s 44, Sch 2	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
substituted by 65/2000 s 3	15.2.2001
s 61(11)	substituted by 23/2001 s 19	15.7.2001
s 61(13)	amended by 17/2006 s 42	4.9.2006
s 62	substituted by 36/1992 s 45	1.6.1993
s 62(6)—(9) and (11)	amended by 29/1997 s 21 (Sch)	1.2.1998
ss 62A—62E	inserted by 36/1992 s 45	1.6.1993
s 63
s 63(1), (2), (4) and (5)	amended by 36/1992 Sch 2	1.6.1993
s 63(6)	amended by 36/1992 Sch 2	1.6.1993
amended by 29/1997 s 19	1.2.1998
s 63(7)	inserted by 36/1992 s 46	1.6.1993
s 64	amended by 23/2019 s 5	3.10.2019
s 66
s 66(1)	amended by 36/1992 Sch 2	1.6.1993
s 67
s 67(2)	amended by 36/1992 s 47	1.6.1993
amended by 29/1997 s 21 (Sch)	1.2.1998
amended by 24/2016 s 6	1.1.2017
Sch	inserted by 36/1992 s 48 (Sch 3)	1.6.1993
deleted by 29/1997 s 20	1.2.1998