Associations Incorporation Act 1991 (ACT)

Associations Incorporation Act 1991   

A1991-46

Republication No 40

Effective:  9 June 2025

Republication date: 9 June 2025

Last amendment made by A2025‑13

About this republication

The republished law

This is a republication of the Associations Incorporation Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 9 June 2025.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 9 June 2025. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Associations Incorporation Act 1991

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Dictionary  2

3            Notes  2

3AOffences against Act—application of Criminal Code etc 3

4            Pecuniary gain—interpretation  3

Part 2      Administration

9            Registers  5

11          Copies of documents  5

12          Disposal of documents  6

13          Defective documents  6

13A         Contact details may be kept confidential  7

Part 3      Incorporation generally

Division 3.1              Preliminary

14          Eligibility for incorporation  9

15          Ineligible associations—incorporation  9

16          Matters preliminary to incorporation  10

17          Powers of authorised person  10

Division 3.2              Incorporation

18          Applications for incorporation  11

19          Certificate of incorporation  13

20          Date of incorporation  13

21          Constitution of incorporated associations  13

22          Corporate identity  14

23          Property  14

24          Legal capacity of incorporated associations  15

25          Restriction of actions  15

Division 3.3              Incorporation of amalgamating associations

26          Amalgamation of incorporated associations  17

27          Incorporation of amalgamating associations  19

28          Effect of incorporation—amalgamated associations  19

Division 3.4              Objects and rules of incorporated associations

29          Objects  20

30          Alteration of objects  20

31          Rules  21

32          Rules other than model rules  21

33          Alteration of rules  22

34          Illegal objects or rules  23

35          Copies of documents for members  23

35A         Committee may refuse access to documents  23

Division 3.5              Names of incorporated associations

36          Names  24

37          Reservation of names  24

38          Change of name  26

39          Compulsory change of name  27

40          Effect of change of name  27

41          Name on association’s documents etc  28

Division 3.6              Contracts

42          References to purported entry into contracts etc—div 3.6                   28

43          Ratification of pre-incorporation contracts  29

44          Liability of party to contract  30

45          Substituted contract  34

46          Substituted rights and liabilities  34

47          Post-incorporation contracts  34

Division 3.7              Rights and liabilities of members and officers

48          Relationship between association and members  35

49          Court’s jurisdiction  35

50          Rules of natural justice  35

51          Liability of officers and members  35

52          Property rights  36

53          Enforcement of rights  36

Division 3.8              Miscellaneous

54          Disposal of trust property  36

55          Authentication and execution of documents  37

56          Validity of documents executed under common seal  38

Part 4      Management

Division 4.1              Appointment of public officer and committee

57          Public officer  39

58          Inaugural public officer  39

59          Notice of public officer’s appointment or change of address                40

60          Committee  40

61          Inaugural committee  41

62          Notice of changes in committee  41

63          Disqualification from office––convictions or bankruptcy  42

63A         Disqualification from office––noncompliance with Act  43

63B         Disqualification from office––disqualified under other legislation           44

64          Vacancy in office of public officer  45

64A         Resignation of committee member  47

65          Disclosure of material personal interest  47

65A         Matter on which committee member has material personal interest       48

65B         Dispute resolution procedure  49

65C         Disciplinary action  50

66          Information from officers  52

Division 4.2              Duties of officers

66A         Duty of care and diligence  52

66B         Duty of good faith and proper purpose  52

66C         Use of position  53

66D         Use of information  53

Division 4.3              Register of members

67          Register of members  53

67A         Inspection of register of members  54

67B         Restriction of access to personal information  55

Division 4.4              General meetings

68          First annual general meeting  56

69          Annual general meetings  56

70          Special resolutions  56

Part 5      Record keeping and reporting

70A         Application—pt 5  58

70B         Definitions—pt 5  58

70C         Exemption from revenue thresholds  59

71          Accounting records  59

72          Annual statement of accounts  60

73          Presentation of statement to members  61

74          Review or audit of accounts  62

75          Review reports  62

76          Audit reports  64

77          Reviewer’s and auditor’s liability  67

78          Obstruction of auditor  67

79          Registrar-general’s power to require statements and reports               67

Part 6      Transfer of incorporation

81          Definitions for pt 6  69

82          Voluntary transfer of incorporation  69

83          Cancellation where continued incorporation inappropriate                  70

84          Membership of proposed company  72

85          Cancellation of incorporation following voluntary transfer  73

86          Effect of cancellation of incorporation  73

87          Transfer of land to company  74

Part 7      Winding-up

88          Voluntary winding-up  75

89          Application for winding-up by the court  75

90          Winding-up by the court  75

91          Application of Corporations Act  76

92          Property of defunct association  76

93          Cancellation of incorporation  78

94          Property of former incorporated association  81

95          Property vested in registrar-general  82

96          Liability in relation to property vested in registrar-general  83

97          Registrar-general’s power to act for defunct association  84

98          Records of property vested in registrar-general  85

Part 8      Investigation of association’s affairs

99          Meaning of books in pt 8  86

100         Secrecy  86

101         Investigations by registrar-general  88

102         Scope of registrar-general’s powers  88

103         Production of association’s books  88

104         Inspection of books held by lawyer  90

105         Liability of person producing books  91

Part 9      Offences and related matters

106         Proceedings for offences  92

107         Offences related to inspection of books  92

108         Offences by officers of associations etc  93

109         Offence—pecuniary gain  94

110         Liability of members  94

112         Offences by unincorporated bodies  95

114         Investment with associations  95

115         Certificates as evidence  96

116         Copies or extracts of books as evidence  98

117         Constructive notice of documents etc  98

Part 10     Notification and review of decisions

118         Meaning of reviewable decision—pt 10  100

119         Reviewable decision notices  100

119A        Applications for review  100

Part 11     Miscellaneous

119B        Information sharing on ACNC registered entities  101

120         Extensions of time for applications etc  101

121         Registered office of incorporated association  102

122         Service of documents  102

123         Translation of instruments  103

124         Powers of the court  104

125         Determination of fees  104

126         Approved forms  104

127         Regulation-making power  104

Schedule 1 Matters to be provided for in rules other than model rules  106

Schedule 2 Modification of the Corporations Act, part 5.7 in its application to incorporated associations  109

Schedule 3 Reviewable decisions  112

Dictionary113

Endnotes

1            About the endnotes  118

2            Abbreviation key  118

3            Legislation history  119

4            Amendment history  126

5            Earlier republications  138

6            Expired transitional or validating provisions  143

Associations Incorporation Act 1991

An Act to provide for the incorporation of certain associations, and for related purposes

Part 1Preliminary

1. Name of Act

   This Act is the Associations Incorporation Act 1991.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘constitution, for part 6 (Transfer of incorporation)—see section 81.’ means that the term ‘constitution’ is defined in that section for part 6.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

·     s 63B (Disqualification from office—disqualified under other legislation)

·     s 65 (Disclosure of material personal interest)

·     s 65A (Matter on which committee member has material personal interest)

·     s 74 (Review or audit of accounts)

·     s 79 (Registrar-general’s power to require statements and reports).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

1. Pecuniary gain—interpretation

   For this Act, an association is not taken to be formed or carried on with the object of obtaining pecuniary gain for its members, or to be obtaining pecuniary gain for its members, only because—

   (a)the association obtains a pecuniary gain, none of which is received by any of its members, or otherwise credited to its members; or

   (b)the association—

   (i)is established with the object of protecting a trade, business, industry or calling in which its members are engaged or interested; and

   (ii)does not engage in, or in a branch or part of, the trade, business, industry or calling; or

   (c)the association provides facilities or services for its members; or

   (d)its members derive a pecuniary gain from the enjoyment of facilities or services provided by the association for social, recreational, educational or other like purposes; or

   (e)any of its members receives remuneration from the association for goods or services supplied by the member, or otherwise obtains a pecuniary gain from the association to which the member would be entitled if he or she were not a member of the association; or

   (f)its members compete for trophies or prizes in contests directly related to the objects of the association.

Part 2Administration

1. Registers

   (1)The registrar-general must keep a register of any matter the registrar-general considers necessary for this Act.

   (2)The register may include any information the registrar-general considers appropriate.

   (3)The register may be kept in any form, including electronically, that the registrar-general decides.

2. Copies of documents

   (1)If a person requests, the registrar must give the person—

   (a)a copy of, or an extract from, or a certified copy or certified extract from, any document lodged with the registrar-general under this Act or the repealed Act; and

   (b)if the person is a member of the committee or the public officer of an association—a certified copy of the certificate of incorporation of the association.

   Note 1A fee may be determined under s 125 for this provision.

   Note 2A person cannot request or obtain a copy of another person’s contact details that are contained in a lodged document if the other person has asked for their contact details to be kept confidential under s 13A.

   (2)In this section—

   (a)a reference to a copy of, or an extract from, a document includes a reference to a print-out of the matters or some of the matters contained in the document and recorded in a computerised database comprising the matters contained in documents issued by or lodged with the registrar-general; and

   (b)a reference to a document includes a reference to—

   (i)an application lodged with the registrar-general under this Act; and

   (ii)if a reproduction or transparency of a document lodged with the registrar-general has been incorporated in a register—the reproduction or transparency; and

   (iii)a display on the screen of a computer terminal of a matter or matters recorded in the computerised database referred to in paragraph (a);

   but does not include a reference to any document disposed of by the registrar-general under section 12.

3. Disposal of documents

   The registrar-general may dispose of—

   (a)any document lodged with the registrar-general in relation to an incorporated association that, at least 7 years previously, was dissolved or ceased to be registered or the incorporation of which was cancelled; or

   (b)any document of which a reproduction or transparency has been incorporated in a register under section 9;

   if, in the opinion of the registrar-general, it is no longer necessary or desirable to keep the document.

4. Defective documents

   (1)If the registrar-general is of the opinion that a document  submitted for lodgment with the registrar-general—

   (a)contains matter contrary to law; or

   (b)contains matter that is, in a material particular, false or misleading in the form or context in which it appears; or

   (c)has not been duly completed because of an omission or misdescription; or

   (d)does not comply with this Act; or

   (e)contains an error, alteration or erasure;

   the registrar-general may refuse to receive or register the document and may require—

   (f)that the document be appropriately amended or completed and resubmitted; or

   (g)that another document be lodged in place of the defective document; or

   (h)if the document has not been duly completed—that a supplementary document be lodged.

   NoteIf a form is approved under s 126 (Approved forms) for a document, the form must be used.

   (2)The registrar-general may require a person who submits a document for lodgment with the registrar-general to give the registrar-general any other document or further information that the registrar-general thinks necessary in order to form an opinion whether the registrar-general may refuse to receive or register the document.

13AContact details may be kept confidential

(1)This section applies to a document that is or has been lodged with the registrar-general under this Act.

(2)A person whose contact details are contained in the document may ask the registrar-general, in writing, to keep the person’s contact details confidential.

NoteIf a form is approved under s 126 (Approved forms) for a request, the form must be used.

(3)If a person makes a request under subsection (2), the registrar‑general must ensure that any document the subject of the request is made available for a request under section 11 only in a way that does not show the person’s contact details.

(4)However, a person who is the public officer of an incorporated association must have at least 1 address available for service of documents.

NoteA public officer’s address may be a residential, business or PO box address.

(5)In this section:

contact details, for a person, include the person’s address, email and telephone number.

Part 3Incorporation generally

Division 3.1               Preliminary

1. Eligibility for incorporation

   (1)An association is eligible for incorporation if it—

   (a)has at least 5 members; and

   (b)is formed or carried on for a lawful object; and

   (c)is not ineligible for incorporation under subsection (2).

   (2)An association is ineligible for incorporation under this subsection if it—

   (a)is formed or carried on with the object of obtaining pecuniary gain for its members; or

   (b)is obtaining pecuniary gain for its members; or

   (c)has capital divided into shares or stock held by its members; or

   (d)holds property in which its members have an alienable interest, whether directly or in the form of shares or stock in its capital or otherwise; or

   (e)is capable of applying for registration as an organisation under the Fair Work (Registered Organisations) Act 2009 (Cwlth), chapter 2, part 2.

2. Ineligible associations—incorporation

   (1)The Minister may declare an association to be eligible for incorporation under this Act even though the association is formed or carried on with the object of obtaining pecuniary gain, or obtaining pecuniary gain, for the members of the association.

   NotePower given under an Act to make a statutory instrument includes power to make different provision for different categories, eg different classes of people (see Legislation Act, s 48).

   (2)The Minister may make the incorporation of an association under a declaration subject to any conditions determined by the Minister.

   (3)A declaration is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act 2001.

1. Matters preliminary to incorporation

   An association or a group of 5 or more persons proposing to form and incorporate an association may, by resolution—

   (a)authorise a person who is at least 18 years of age and who resides in the ACT to apply for the incorporation of the association or proposed association; and

   (b)approve a statement of the objects of the association or proposed association for the purposes of the application; and

   (c)adopt rules of the association or proposed association, being—

   (i)the model rules, as in force from time to time; or

   (ii)rules other than the model rules, being rules that comply with section 32; and

   (d)appoint at least 3 members of the association or of the group proposing to form and incorporate an association to be the inaugural members of the committee of the incorporated association if the application is successful.

2. Powers of authorised person

   (1)An authorised person may—

   (a)lodge an application with the registrar-general for the incorporation of an association or proposed association; and

   (b)do anything necessary to secure the incorporation of the association or proposed association.

   (2)Subsection (1) (b) applies in relation to an authorised person despite any provision to the contrary in the rules adopted by the association or proposed association under section 16 (c).

Division 3.2               Incorporation

1. Applications for incorporation

   (1)An application for the incorporation of an association or proposed association—

   (a)must state—

   (i)the proposed name of the association or proposed association (being a name that complies with division 3.5); and

   (ii)the name and address of the applicant; and

   (iii)the name and address of the person who will be the inaugural public officer of the association; and

   (iv)the name and address of each person who will be an inaugural member of the committee of the association or proposed association; and

   (v)the address and hours of opening of the registered office (if any) of the association or proposed association in accordance with section 121 (1); and

   (vi)the prescribed particulars (if any); and

   NoteA person may ask the registrar-general to keep their contact details confidential (see s 13A (2)). However, a public officer must have at least 1 address publicly available for service of documents (see s 13A (4)).

   (b)must be accompanied by—

   (i)a copy of a statement of the objects of the association or proposed association approved under section 16 (b); and

   (ii)a notice (if any) given under section 37 (3) stating the name reserved for incorporation of the association or proposed association; and

   (iii)a statement to the effect that the model rules as in force from time to time have been adopted as the rules of the association or proposed association under section 16 (c) (i), or a copy of the rules of the association or proposed association adopted under section 16 (c) (ii); and

   (iv)a notice specifying particulars of any trust relating to the association or proposed association, with a copy of the deed or other instrument creating or embodying the trust; and

   (v)a statement by the applicant in accordance with subsection (2); and

   (vi)the prescribed documents (if any).

   NoteIf a form is approved under s 126 (Approved forms) for an application or notice, the form must be used.

   (2)A statement by the applicant for subsection (1) (b) (v) must certify that—

   (a)the applicant is authorised to apply for the incorporation of the association or proposed association under section 16 (a); and

   (b)the particulars stated in the application are correct; and

   (c)the copy of each document accompanying the application is a true copy of the document.

2. Certificate of incorporation

   If—

   (a)an application for the incorporation of an association or proposed association is made under section 18; and

   (b)the registrar-general is satisfied that the association is, or would be, when formed, eligible for incorporation under this Act;

   the registrar-general must incorporate the association or proposed association by issuing to it a certificate of incorporation.

3. Date of incorporation

   An association is taken to have been incorporated on the date stated in the certificate of incorporation as the date of incorporation.

4. Constitution of incorporated associations

   (1)An incorporated association is, subject to this Act and the rules of the association, taken to be constituted, under the name stated in the certificate of incorporation issued for the association, by the persons who are its members from time to time.

   (2)For subsection (1), persons who were, immediately before the date on which an association was incorporated—

   (a)for an association for which the certificate was issued under section 19—members of the association, or members of the group proposing to form the association; or

   (b)for an association incorporated under section 27—the members of the associations that amalgamated under that section;

   are taken to have been members of the association at the time the association was incorporated.

5. Corporate identity

   An incorporated association—

   (a)is a body corporate with perpetual succession; and

   (b)may have a common seal; and

   (c)has power to acquire, hold and dispose of real and personal property; and

   (d)is capable of suing and being sued in its corporate name; and

   (e)is capable of performing all the functions of a body corporate.

6. Property

   (1)Any property that was, immediately before the date on which an association was incorporated, held, in trust or otherwise, on behalf of the association or proposed association by any person (including, for an association incorporated under section 27, property held by or on behalf of an amalgamating association within the meaning of division 3.3) is taken to have vested in the association on incorporation.

   (2)Property referred to in subsection (1) vests in an association subject to any mortgage, charge, encumbrance, lien, lease, covenant, contract or other liability affecting the property immediately before the date on which the association was incorporated, and subject to the provisions of any trust affecting the property immediately before that date.

   (3)After property that is taken to have vested in an association in accordance with subsection (1) has been delivered or transferred to the association, the trustee of that property immediately before it became so vested is not liable or accountable for the property and is not bound to see to the application, distribution or appropriation of that property.

7. Legal capacity of incorporated associations

   An incorporated association has, both within and outside the ACT, the legal capacity of a natural person and, without limiting the generality of the foregoing, has, both within and outside the ACT, power—

   (a)to grant a floating charge on property of the association; and

   (b)to arrange for the association to be registered or otherwise recognised as a corporate body in a place outside the ACT; and

   (c)to do any act that it is authorised to do by any other law.

8. Restriction of actions

   (1)The objects or rules of an incorporated association may contain an express restriction on, or an express prohibition of, the exercise by the association of any power given by this Act to the association.

   (2)If an incorporated association—

   (a)purports to exercise a power contrary to an express restriction on, or an express prohibition of, the exercise of that power, being a restriction or prohibition contained in the objects or rules of the association; or

   (b)does an act otherwise than in accordance with the objects of the association;

   the association contravenes this subsection.

   (3)An officer of an incorporated association must not, by act or omission, directly or indirectly, be knowingly concerned in or party to a contravention by the association of subsection (2).

   (4)If, by purporting to exercise a power as mentioned in subsection (2) (a), or by doing an act as mentioned in subsection (2) (b), an incorporated association contravenes subsection (2), the purported exercise of the power, or the act, is not taken to be invalid only because of the contravention.

   (5)An act by an officer of an incorporated association is not taken to be invalid only because the act is prohibited by subsection (2).

   (6)The fact that—

   (a)by purporting to exercise a power as mentioned in subsection (2) (a), or by doing an act as mentioned in subsection (2) (b), an incorporated association contravened, or would contravene, subsection (2); or

   (b)by doing a particular act, an officer of an incorporated association contravened, or would contravene, subsection (3);

   is not admissible in evidence in any proceedings except—

   (c)a prosecution of a person for an offence against this Act; or

   (d)proceedings against the association by a member of the association to restrain the association from doing any act; or

   (e)proceedings by the association or by a member of the association against an officer or former officer of the association; or

   (f)an application by the registrar-general or by a member of the association to wind up the association.

Division 3.3               Incorporation of amalgamating associations

1. Amalgamation of incorporated associations

   (1)Two or more incorporated associations proposing to amalgamate (in this division called the amalgamating associations) may lodge with the registrar-general a joint application for incorporation as a single association (in this division called the new association) if—

   (a)the terms of the proposed amalgamation and a statement of the objects of the new association have each been approved by a special resolution passed by each amalgamating association; and

   (b)the model rules as in force from time to time, or other rules that comply with section 32, have been adopted as the rules of the new association by a special resolution passed by each amalgamating association.

   (2)An application—

   (a)must state—

   (i)the proposed name of the new association (being a name that complies with division 3.5); and

   (ii)the name and address of the person nominated by the amalgamating associations to be the inaugural public officer of the new association; and

   (iii)the names and addresses of at least 3 persons nominated by the amalgamating associations to be the inaugural members of the committee of the new association; and

   (iv)the address and hours of opening of the registered office (if any) of the new association in accordance with section 121 (1); and

   (v)the prescribed particulars (if any); and

   NoteA person may ask the registrar-general to keep their contact details confidential (see s 13A (2)). However, a public officer must have at least 1 address publicly available for service of documents (see s 13A (4)).

   (b)must be accompanied by—

   (i)a copy of the statement of the objects of the new association approved in accordance with section 26 (1) (a); and

   (ii)a statement to the effect that the model rules as in force from time to time have been adopted in accordance with section 26 (1) (b) as the rules of the new association, or a copy of other rules adopted in accordance with that section as the rules of the new association; and

   (iii)a notice stating particulars of any trust relating to the amalgamating associations or the new association, with a copy of the deed or other instrument creating the trust; and

   (iv)a statement to the effect that the resolutions referred to in subsection (1) (a) and (b) have been duly passed by the amalgamating associations; and

   (v)a statement by the applicants in accordance with subsection (3); and

   (vi)the prescribed documents (if any).

   NoteIf a form is approved under s 126 (Approved forms) for an application, notice or statement, the form must be used.

   (3)A statement for subsection (2) (b) (v) must be made jointly by the amalgamating associations to the effect that—

   (a)the particulars stated in the application are correct; and

   (b)the copy of each document accompanying the application is a true copy of the document.

2. Incorporation of amalgamating associations

   If the registrar-general is satisfied—

   (a)that each amalgamating association making an application under section 26 (1) has complied with this Act; and

   (b)that the new association is, or would be when formed, eligible for incorporation under this Act;

   the registrar-general must incorporate the new association by issuing to it a certificate of incorporation.

3. Effect of incorporation—amalgamated associations

   (1)On the incorporation of a new association under section 27—

   (a)each of the amalgamating associations that was a party to the incorporation is taken to have been dissolved and to have had its incorporation cancelled; and

   (b)the bodies corporate previously constituted by the amalgamating associations are taken to be subsumed in the body corporate constituted by the new association; and

   (c)any property or proprietary or other right that was, immediately before the date when the new association was incorporated, vested in an amalgamating association are, subject to any trust affecting the property or right, taken to be vested in, and may be exercised or enforced by, the new association; and

   (d)any liability, obligation or penalty that could have been enforced against or recovered from an amalgamating association immediately before that date is enforceable against or recoverable from the new association; and

   (e)any investigation, legal proceeding or remedy that could, immediately before that date, have been instituted, continued or enforced against an amalgamating association may be instituted, continued or enforced against the new association; and

   (f)this Act applies in relation to the new association as if it had been incorporated under section 19.

   (2)If, under subsection (1) (c), land or an interest in land (being land in the ACT) held by an existing association is taken to be property of a new association, the registrar-general must, on production of the certificate of incorporation of the new association, enter the new association as the registered proprietor of the land or interest in land on the land titles register.

   (3)A reference in a will or other instrument to an association that was a party to the incorporation of a new association under section 27 must, unless the will or other instrument otherwise provides, be construed as a reference to the new association.

Division 3.4               Objects and rules of incorporated associations

1. Objects

   The objects of an incorporated association are the objects appearing in the statement of the association’s objects lodged with the registrar-general under section 18 (1) (b) (i) or 26 (2) (b) (i), being those objects as altered from time to time in accordance with section 30.

2. Alteration of objects

   (1)An incorporated association may, by special resolution, alter its objects.

   (2)An incorporated association must, not later than 1 month after a special resolution to alter the objects of the association has been passed by the association, lodge with the registrar-general a notice setting out the particulars of the alteration.

   Maximum penalty:  2 penalty units.

   NoteIf a form is approved under s 126 (Approved forms) for a notice, the form must be used.

   (3)A resolution to alter the objects of an incorporated association is of no effect until the notice has been lodged.

3. Rules

   (1)The rules of an incorporated association are—

   (a)if the association, or a group of persons proposing to form the association, has adopted the model rules under section 16 (c) (i), 26 (1) (b) or 33 (1) (a)—those rules as in force from time to time; or

   (b)if the association, or group, has adopted rules other than the model rules under section 16 (c) (ii), 26 (1) (b) or 33 (1) (b)—those rules as altered from time to time in accordance with section 33.

   (2)If the model rules make provision in relation to any matter not provided for in the rules of an incorporated association, the rules of the association are taken to include the provision of the model rules in relation to that matter.

4. Rules other than model rules

   For sections 16 (c) (ii), 26 (1) (b) and 33 (1) (b), rules other than the model rules are taken to comply with this section if they—

   (a)provide for the matters stated in schedule 1, column 2 as required by schedule 1, column 3; and

   (b)provide for any prescribed matters; and

   (c)are arranged numerically by subject matter.

5. Alteration of rules

   (1)Subject to this Act, an incorporated association may, by special resolution, alter its rules in whole or in part and may, in particular—

   (a)adopt as its rules the model rules as in force from time to time instead of rules other than the model rules adopted under section 16 (c) (ii) or 26 (1) (b) or paragraph (b); or

   (b)adopt as its rules other rules that comply with section 32 instead of the model rules adopted under section 16 (c) (i) or 26 (1) (b) or paragraph (a).

   (2)If an incorporated association has resolved to alter its rules, the association must, not later than 1 month after the resolution was passed, lodge with the registrar-general a notice setting out the particulars of the alteration, and including a declaration by at least 2 members of the committee of the association to the effect that a special resolution referred to in subsection (1) was duly passed by the association.

   Maximum penalty:  2 penalty units.

   NoteIf a form is approved under s 126 (Approved forms) for a notice, the form must be used.

   (3)If a notice relating to the alteration of the rules of an association has been lodged under subsection (2), the registrar-general may give notice to the association that it is required to lodge a copy of its rules with the registrar-general.

   (4)If an incorporated association has been given notice by the registrar-general under subsection (3), the association must, not later than 1 month after the date of the notice, lodge with the registrar-general a printed copy, in consolidated form, of the association’s rules as altered and in force at that date.

   Maximum penalty:  2 penalty units.

   (5)A resolution to alter the rules of an incorporated association is of no effect until a notice has been lodged by the association under subsection (2).

6. Illegal objects or rules

   An object or rule of an incorporated association that is inconsistent with this Act or with another law in force in the ACT is of no effect.

7. Copies of documents for members

   (1)On the request of a member of an incorporated association, the association must give the member—

   (a)a copy of a current statement of the objects of the association; or

   (b)a copy of the rules of the association currently in force; or

   (c)a copy of the deeds of any trust relevant to the association; or

   (d)a summary of the minutes of a meeting of the committee.

   (2)An incorporated association may charge a fee not exceeding the fee determined under section 125 (Determination of fees) for this section for each copy of a document given to a member under subsection (1).

35ACommittee may refuse access to documents

(1)The committee of an incorporated association may refuse to give a member of the association access to the following documents if satisfied that allowing access to the document would be prejudicial to the interests of the association:

(a)a document mentioned in section 35 (1);

(b)if the association’s rules allow a member access to other documents held by the association—those documents.

(2)The rules of an incorporated association may provide for the circumstances in which access to the documents is allowed or restricted, including requiring the member to state the purpose for requiring access to the document.

Division 3.5               Names of incorporated associations

1. Names

   The name of an incorporated association must include, at the end of the name, the word ‘Incorporated’ or the abbreviation ‘Inc.’.

2. Reservation of names

   (1)An authorised applicant may lodge with the registrar-general an application for the reservation of the name specified in the application as—

   (a)the name of a proposed association in relation to which an application for incorporation is to be lodged; or

   (b)the name of an association that intends to apply for incorporation; or

   (c)the name of a new association within the meaning of division 3.3; or

   (d)the new name that an incorporated association has resolved to apply for approval to adopt under section 38 (1).

   NoteIf a form is approved under s 126 (Approved forms) for an application, the form must be used.

   (2)If—

   (a)the registrar-general is satisfied that an application is made in good faith; and

   (b)the name specified in the application is available for reservation;

   the registrar-general must reserve the name, for the period of 4 months beginning on the date when the application was lodged, for the association or proposed association to which the application relates.

   (3)As soon as practicable after making a decision in relation to an application for the reservation of a name, the registrar-general must, by notice in writing to the applicant, tell the applicant of that decision.

   (4)The reservation of a name for an association, proposed association or incorporated association does not of itself entitle the association or proposed association to be incorporated under the reserved name, or entitle the incorporated association to change its name to the reserved name.

   (5)For subsection (2) (b), a name is taken to be available for reservation for an association or proposed association unless it is—

   (a)a name that is, in the opinion of the registrar-general, undesirable; or

   (b)a name or a name of a kind stated by the Minister in writing for this paragraph; or

   (c)a business name registered under the Business Names Registration Act 2011 (Cwlth); or

   (d)the name of an incorporated association; or

   (e)reserved for another association or proposed association; or

   (f)a name that so closely resembles a name referred to in paragraph (d) or (e) as to be likely to be mistaken for it.

   (6)An instrument under subsection (5) (b) is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

   (7)If the registrar-general refuses to reserve a name or a name of a kind referred to in subsection (5) (a), (b) or (f) for an association or proposed association, the authorised applicant may apply to the Minister for consent to the reservation of the name for the association or proposed association and, if the Minister gives that consent, the name is, for subsection (2) (b), taken to be available for reservation.

   (8)In this section:

   authorised applicant, in relation to an association or proposed association, means—

   (a)an authorised person; or

   (b)for a new association within the meaning of division 3.3—a person authorised for subsection (1) by the amalgamating associations; or

   (c)for an incorporated association that has resolved to apply to the registrar-general for approval to adopt a new name—the public officer of the association.

3. Change of name

   (1)An incorporated association may, by special resolution, resolve to apply to the registrar-general for approval to adopt a new name.

   (2)An application must include a declaration by at least 2 members of the committee of the association to the effect that a special resolution referred to in subsection (1) was duly passed by the association.

   NoteIf a form is approved under s 126 (Approved forms) for an application, the form must be used.

   (3)If the new name has been reserved for the association in accordance with section 37 and the registrar-general approves the adoption of the new name by the association, the registrar-general must issue to the association a certificate of incorporation under the new name.

4. Compulsory change of name

   (1)If it appears to the registrar-general that an association has been incorporated under a name or a name of a kind referred to in section 37 (5) without the consent of the Minister, the

   
   

   registrar-general may, by notice in writing to the association, direct the association to change its name.

   (2)A direction to an association under subsection (1) has effect as if it were a special resolution of the association passed under section 38 (1).

5. Effect of change of name

   (1)A change of name of an incorporated association under section 38 is not taken to—

   (a)create a new legal entity; or

   (b)prejudice or affect the identity of the body corporate constituted by the association or its continuity as a body corporate; or

   (c)affect the date of incorporation of the association; or

   (d)affect the property, or the rights and obligations of the association; or

   (e)render defective any legal proceedings by or against the association.

   (2)If the name of an incorporated association has been changed, any legal proceedings that could have been continued or instituted by or against the association in its former name may be continued or instituted by or against the association in its new name.

6. Name on association’s documents etc

   The name of an incorporated association must appear in legible characters—

   (a)on the common seal (if any) of the association; and

   (b)on every business letter, statement of account, invoice, official notice, publication, bill of exchange, promissory note, endorsement, cheque or other negotiable instrument, order, receipt and letter of credit issued or executed by or on behalf of the association.

   Maximum penalty: 2 penalty units.

Division 3.6               Contracts

1. References to purported entry into contracts etc—div 3.6

   (1)For this division, a nonexistent incorporated association purports to enter into a contract if—

   (a)a person executes a contract in the name of an incorporated association where no incorporated association of that name exists; or

   (b)a person purports to enter into a contract as agent or trustee for a proposed incorporated association.

   (2)For this division, a person purports to execute a contract as agent or trustee of a nonexistent incorporated association if the person executes a contract or purports to enter into a contract mentioned in subsection (1) (a) or (b).

   (3)For this division, the incorporation of an association in relation to the purported entry into a contract by a nonexistent incorporated association means—

   (a)if a person has executed a contract in the name of an incorporated association where no incorporated association of that name exists—the incorporation of an association that, having regard to all the circumstances, is reasonably identifiable with the proposed incorporated association in the name of which the contract was executed; or

   (b)if a person has purported to enter into a contract as an agent or trustee for a proposed incorporated association—the incorporation of an association that, having regard to all the circumstances, is reasonably identifiable with the proposed incorporated association.

2. Ratification of pre-incorporation contracts

   (1)If—

   (a)a nonexistent incorporated association purports to enter into a contract; and

   (b)the association is incorporated within a reasonable time after the contract is purported to have been entered into;

   the incorporated association may, within a reasonable time after its incorporation, ratify the contract.

   (2)If an incorporated association ratifies a contract as provided for in subsection (1), the association is bound by, and is entitled to the benefit of, the contract as if the association had been incorporated before the contract was entered into and had been party to the contract.

   (3)For this division, a contract may be ratified by an incorporated association in the same manner as a contract may be entered into by an incorporated association under section 47, and section 47 has effect as if—

   (a)a reference in that section to entering into a contract included a reference to ratifying a contract; and

   (b)the reference in section 56 to a contract executed, or purporting to have been executed, under the common seal (if any) of an incorporated association included a reference to a contract ratified, or purporting to have been ratified, under the common seal (if any) of an incorporated association.

3. Liability of party to contract

   (1)If—

   (a)a person purports to enter into a contract as agent or trustee for a proposed incorporated association; and

   (b)the association is incorporated within a reasonable time after the person purported to enter into the contract but does not ratify the contract within a reasonable time after the association was incorporated;

   then, despite any rule of law or equity to the contrary, the person has no right of indemnity against the incorporated association in relation to the contract.

   (2)If a nonexistent incorporated association purports to enter into a contract and the association—

   (a)is not incorporated within a reasonable time after the contract is purported to be entered into; or

   (b)is incorporated within that time but does not ratify the contract within a reasonable time after being incorporated;

   the other party or each of the other parties to the contract may, subject to subsections (5) and (6), recover from the person or from any 1 or more of the persons who purported to execute the contract on behalf of the nonexistent incorporated association an amount of damages equivalent to the amount of damages for which the party could have obtained a judgment against the incorporated association if—

   (c)where the association has not been incorporated as referred to in paragraph (a)—the association had been incorporated and had ratified the contract under section 43 (1); or

   (d)where the association has been incorporated as referred to in paragraph (b)—the association had ratified the contract under section 43 (1);

   and the contract had been discharged because of a breach of the contract constituted by the refusal or failure of the incorporated association to perform any obligation under the contract.

   (3)If—

   (a)proceedings are brought to recover damages under subsection (2) in relation to a contract purported to have been entered into by a nonexistent incorporated association; and

   (b)the association has been incorporated;

   the court may, if it thinks it just to do so, make either or both of the following orders:

   (c)an order directing the incorporated association to transfer or pay to any party to the contract who is named in the order any property, or an amount not exceeding the value of any benefit, received by the incorporated association as a result of the contract;

   (d)an order that the incorporated association pay the whole or a specified portion of any damages that, in those proceedings, the defendant has been or is found liable to pay.

   (4)If, in proceedings to recover damages under subsection (2) in relation to a contract purported to be entered into by a nonexistent incorporated association, the court makes an order under subsection (3) (c), the court may refuse to award any damages in the proceedings, or may award an amount of damages less than the amount the court would have awarded if the order had not been made.

   (5)If—

   (a)a nonexistent incorporated association purports to enter into a contract; and

   (b)the association is incorporated and ratifies the contract as provided for in section 43 (1); and

   (c)the contract is discharged by a breach of the contract constituted by a refusal or failure of the incorporated association to perform all or any of its obligations under the contract; and

   (d)the other party or any 1 or more of the other parties to the contract brings or bring proceedings against the incorporated association for damages for breach of the contract;

   the court may, subject to subsection (7), if it thinks it just to do so, order the person or any 1 or more of the persons who purported to execute the contract on behalf of the incorporated association to pay to the person or persons by whom the proceedings are brought the whole or a specified portion of any damages that the incorporated association has been, or is, found liable to pay to the person or persons by whom the proceedings are brought.

   (6)If a person purports, whether alone or together with another person or persons, to execute a contract on behalf of a nonexistent incorporated association, the other party to the contract, or any of the other parties to the contract, may, by writing signed by the party or parties,  consent to the firstmentioned person or persons being exempted from any liability in relation to the contract.

   (7)If a person has, in accordance with subsection (6), consented to the exemption of another person from liability in relation to a contract that the other person purported to execute on behalf of a nonexistent incorporated association—

   (a)despite subsection (2), the firstmentioned person is not entitled to recover damages from that other person in relation to that contract; and

   (b)the court shall not, in proceedings referred to in subsection (5), order that other person to pay to the firstmentioned person any damages or proportion of the damages that the incorporated association has been, or may be, found liable to pay to that firstmentioned person.

4. Substituted contract

   If—

   (a)a nonexistent incorporated association purports to enter into a contract; and

   (b)the association is subsequently incorporated; and

   (c)the incorporated association and the other party or parties to the contract enter into a contract in substitution for the firstmentioned contract;

   any liabilities to which the person who purported to execute the firstmentioned contract on behalf of the nonexistent incorporated association is subject, under this division, in relation to the firstmentioned contract (including liabilities under an order made by a court under this division) are taken to have been discharged.

5. Substituted rights and liabilities

   Any rights or liabilities of a person under this division (including rights or liabilities under an order made by a court under this division) in relation to a contract are taken to be substituted for any rights that the person would have, or any liabilities to which the person would be subject, apart from this division.

6. Post-incorporation contracts

   (1)A person acting with the express or implied authority of an incorporated association may enter into, vary or discharge a contract in the name of or on behalf of the association as if the contract were entered into, varied or discharged by an individual.

   (2)The entering into, variation or discharge of a contract in accordance with subsection (1) binds the association and the other party or parties to the contract.

Division 3.7               Rights and liabilities of members and officers

1. Relationship between association and members

   The rules of an incorporated association are taken to bind the association and its members from time to time as if the rules had been signed by each member and contained covenants on the part of each member to observe all the rules.

2. Court’s jurisdiction

   A member of an incorporated association who is deprived by a decision of the association of a right conferred on the member, as a member, by the rules of the association, may apply to the court for an order to vary or set aside the decision.

3. Rules of natural justice

   If an incorporated association exercises any power that it has to adjudicate a dispute between its members, or between itself and a member or members, in relation to the rights given to the members by the rules of the association, any decision made by the association is not taken to be valid unless, in any proceedings in relation to the dispute, the rules of natural justice have been complied with.

4. Liability of officers and members

   An officer or a member of an incorporated association is not, except as otherwise provided by this Act or the rules of the association, taken, only because of being a member or officer, to be liable to contribute to the payment of any debts or other liabilities incurred by the association, or to the costs, charges or expenses incurred in the course of winding up the association.

5. Property rights

   Membership of an incorporated association is not, except as otherwise provided by this Act, taken to give the members of the association any right, title or interest, whether legal or equitable, in the property of the association.

6. Enforcement of rights

   (1)On the application of an incorporated association or a member of an incorporated association, the court may, by order—

   (a)give directions for the performance and observance of the rules of the incorporated association by any person who is under an obligation to perform or observe those rules; and

   (b)declare and enforce the rights or obligations of members of an incorporated association between themselves, or the rights or obligations between an incorporated association and a member of the incorporated association.

   (2)On hearing an application, the court may make an order whether or not the application relates to a right or interest in property, and whether or not the applicant has an interest in property of the association.

Division 3.8               Miscellaneous

1. Disposal of trust property

   (1)If a trust in relation to property held by an incorporated association has come wholly or partly to an end, the association may apply to the court for an order authorising the disposal of all or part of the property.

   (2)Application for an order must be made—

   (a)if the value of the property does not exceed $50 000—to the Magistrates Court; or

   (b)in any other case—to the Supreme Court.

   (3)On hearing an application, the court may, if it thinks it just to do so, make an order—

   (a)authorising the disposal of all or part of the property; and

   (b)directing the way in which the proceeds from the disposal of the property or part are to be dealt with.

   (4)An application may be made, and the court may exercise its powers, even though the deed or other instrument creating or embodying the trust does not, or the rules of the association do not, contain any power to dispose of the property or prohibit the disposal of the property.

2. Authentication and execution of documents

   (1)A document or proceeding requiring authentication by an incorporated association may be authenticated by the signature of the public officer or the secretary (if any) of the association and need not be authenticated under the common seal (if any) of the association.

   (2)An incorporated association may execute a document without using a common seal if the document is signed by 2 committee members of the association.

   (3)An incorporated association may, by the signature of 2 committee members of the association, empower a person, either generally or in relation to a stated matter, as its agent or attorney, to execute deeds on its behalf.

   (4)A deed signed by the agent or attorney on behalf of the association binds the association.

   (5)The authority of an agent or attorney empowered to act on behalf of an incorporated association under subsection (2), as between the association and a person dealing with the agent or attorney, continues during the period (if any) stated in the instrument conferring the authority or, if no period is stated, until notice of the revocation or termination of the agent’s or attorney’s authority has been given to that person.

   (6)Nothing in this section is taken—

   (a)to affect the operation of any law in force in the ACT that requires some consent or sanction to be obtained, or some procedure to be complied with, in relation to the entering into, variation or discharge of a contract; or

   (b)to prevent an incorporated association from entering into, varying or discharging a contract under its common seal (if any).

   (7)In this section:

   officer does not include a person mentioned in the dictionary, definition of officer, paragraph (c).

1. Validity of documents executed under common seal

   A contract or other instrument executed, or purporting to have been executed, under the common seal (if any) of an incorporated association is not taken to be invalid only because a person attesting the fixing of the common seal was in any way, directly or indirectly, interested in the contract or other instrument or in the matter to which the contract or other instrument relates.

Part 4Management

Division 4.1               Appointment of public officer and committee

1. Public officer

   (1)An incorporated association must have a public officer.

   (2)A person is not eligible to be the public officer of an incorporated association unless the person resides in the ACT and is at least 18 years of age.

   (3)The public officer of an incorporated association may, unless the rules of the association otherwise provide, hold any office of the association in addition to the office of public officer.

   (4)An act of the public officer of an incorporated association is not taken to be invalid only because—

   (a)there is a defect in the public officer’s appointment; or

   (b)the public officer was not eligible to be the public officer under subsection (2); or

   (c)the office of the public officer was, at the time of the act, taken to be vacant under section 64 (2).

2. Inaugural public officer

   The inaugural public officer of an association incorporated under this Act is, unless the rules of the association otherwise provide, taken to be—

   (a)for an association incorporated under section 19—the person authorised under section 16 (a) to apply for the incorporation of the association; or

   (b)for an association incorporated under section 27—the person nominated as the inaugural public officer of the association under section 26 (2) (a) (ii).

3. Notice of public officer’s appointment or change of address

   (1)A person who is appointed to be the public officer (other than the inaugural public officer) of an incorporated association must, not later than 1 month after being appointed, lodge with the registrar-general a notice of the appointment.

   Maximum penalty:  2 penalty units.

   NoteIf a form is approved under s 126 (Approved forms) for a notice under this section, the form must be used.

   (2)If the public officer of an incorporated association changes the public officer’s address, the public officer must, within 1 month after the change, lodge with the registrar-general a notice of the change.

   Maximum penalty:  1 penalty unit.

   NoteA person may ask the registrar-general to keep their contact details confidential (see s 13A (2)). However, a public officer must have at least 1 address publicly available for service of documents (see s 13A (4)).

   (3)This section does not apply to an incorporated association that is an ACNC registered entity.

4. Committee

   (1)An incorporated association must have a committee of at least 3 members of the association.

   (2)The committee of an incorporated association has the management of the association.

5. Inaugural committee

   The inaugural members of the committee of an association incorporated under this Act are, unless the rules of the association otherwise provide, taken to be—

   (a)for an association incorporated under section 19—the persons appointed under section 16 (d); or

   (b)for an association incorporated under section 27—the persons nominated for section 26 (2) (a) (iii).

6. Notice of changes in committee

   (1)If—

   (a)a person becomes a member (other than an inaugural member) of the committee of an incorporated association; or

   (b)the office of a member of the committee of an incorporated association becomes vacant; or

   (c)a member of the committee of an incorporated association changes the member’s address;

   the association must, not later than 1 month after the occurrence of the event referred to in paragraph (a), (b) or (c), lodge with the registrar-general notice of the occurrence.

   Maximum penalty:  1 penalty unit.

   (2)If a member of the committee of an incorporated association changes the member’s address the member must, within 1 month after the change occurred, notify the association of the change.

   Maximum penalty:  1 penalty unit.

   Note 1If a form is approved under s 126 (Approved forms) for a notice, the form must be used.

   Note 2A person may ask the registrar-general to keep their contact details (including address) confidential (see s 13A (2)).

   (3)Subsection (1) does not apply to an incorporated association that is an ACNC registered entity.

7. Disqualification from office––convictions or bankruptcy

   (1)A person who has been convicted, whether in or outside the ACT, of—

   (a)an indictable offence in relation to the promotion, formation or management of a body corporate; or

   (b)an offence involving fraud or dishonesty punishable by imprisonment for a period of 3 months or more;

   must not, within the period of 5 years after the person was convicted or released from imprisonment for the offence, whichever is later, without leave of the Supreme Court, accept an appointment or act as the public officer or a member of the committee of an incorporated association.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (2)A person who is bankrupt or personally insolvent must not, without leave of the Supreme Court, accept an appointment or act as the public officer or a member of the committee of an incorporated association.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (3)A person referred to in subsection (1) may apply to the Supreme Court for leave to accept an appointment or to act as the public officer or a member of the committee of an incorporated association.

   (4)A person referred to in subsection (2) may apply to the Supreme Court for leave to accept an appointment or to act as the public officer or a member of the committee of an association.

   (5)A person intending to make an application under subsection (3) or (4) must lodge with the registrar-general at least 21 days notice of intention to make the application.

   (6)On hearing an application under subsection (3) or (4), the Supreme Court may grant or refuse to grant the applicant leave to accept an appointment or to act as the public officer or a member of the committee of an incorporated association, and may, when granting leave, make the grant subject to any conditions or limitations the court thinks fit.

   (7)On the application of the registrar-general, the Supreme Court may revoke or vary leave granted to a person by the court under subsection (6).

   (8)A person must not contravene the requirements of any conditions or limitations included in a grant of leave under subsection (6).

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

63ADisqualification from office––noncompliance with Act

(1)This section applies if the registrar-general is satisfied that––

(a)a person is, or has been, the public officer or a committee member of an incorporated association; and

(b)the person or the association has failed to comply with this Act.

(2)The registrar-general may apply to the ACAT for an order to disqualify the office-holder.

(3)On application under subsection (2), the ACAT may make an order disqualifying the person from being the public officer or a committee member of an incorporated association for the period the ACAT considers appropriate if satisfied that––

(a)either—

(i)the person has failed to comply with this Act; or

(ii)while the person was the public officer or a committee member of an incorporated association, the association failed to comply with this Act; and

(b)having regard to the extent of the noncompliance, the disqualification is justified.

(4)The ACAT may revoke the order on the application of the person against whom the order was made.

63BDisqualification from office––disqualified under other legislation

(1)A person commits an offence if the person—

(a)has been disqualified from managing a corporation or an Aboriginal and Torres Strait Islander corporation under—

(i)any of the following provisions of the Corporations Act:

(A)section 206B (1) (a) and (b) (Convictions);

(B)section 206B (3) and (4) (Bankruptcy or personal insolvency agreement);

(C)section 206E (Court power of disqualification—repeated contraventions of Act); or

(ii)any of the following provisions of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth):

(A)section 279-5 (1) (a) and (b) (Convictions);

(B)section 279-5 (3) and (4) (Bankruptcy or personal insolvency agreement);

(C)section 279-25 (Court power of disqualification—repeated contraventions of Act); and

(b)accepts an appointment or acts as the public officer or a member of the committee of an incorporated association while the person is disqualified; and

(c)does not have the Supreme Court’s leave to do so.

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

(2)A person mentioned in subsection (1) may, after giving the registrar‑general at least 21 days written notice, apply to the Supreme Court for leave to—

(a)accept an appointment or to act as the public officer; or

(b)a member of the committee of an incorporated association.

(3)On hearing an application, the Supreme Court may—

(a)give leave, including on any condition the court considers appropriate; or

(b)refuse to give leave.

(4)On the application of the registrar-general, the Supreme Court may revoke or vary leave granted to a person by the court.

(5)A person commits an offence if the person fails to comply with any condition imposed by the court under subsection (3) (a).

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

1. Vacancy in office of public officer

   (1)An incorporated association may, by resolution, remove its public officer from office.

   (2)The office of the public officer of an incorporated association is taken to be vacant if the public officer—

   (a)is removed from office under subsection (1); or

   (b)resigns from office; or

   (c)dies; or

   (d)becomes bankrupt or personally insolvent; or

   (e)is not physically or mentally fit to exercise the functions of office; or

   (f)was convicted or released from imprisonment for an offence mentioned in section 63 (1) within 5 years immediately before the public officer’s appointment, or is convicted of such an offence after taking office; or

   (g)is disqualified from managing a corporation or an Aboriginal and Torres Strait Islander corporation under—

   (i)any of the following provisions of the Corporations Act:

   (A)section 206B (1) (a) and (b) (Convictions);

   (B)section 206B (3) and (4) (Bankruptcy or personal insolvency agreement);

   (C)section 206E (Court power of disqualification—repeated contraventions of Act); or

   (ii)any of the following provisions of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth):

   (A)section 279-5 (1) (a) and (b) (Convictions);

   (B)section 279-5 (3) and (4) (Bankruptcy or personal insolvency agreement);

   (C)section 279-25 (Court power of disqualification—repeated contraventions of Act); or

   (h)is subject to a disqualification order under section 63A; or

   (i)ceases to reside in the ACT.

   (3)If a vacancy occurs in the office of the public officer of an incorporated association, the committee of the association must, within 14 days after the vacancy occurred appoint a person to fill the vacancy.

   (4)If the committee without reasonable cause does not comply with subsection (3), each member of the committee commits an offence.

   Maximum penalty (subsection (4)):  2 penalty units.

64AResignation of committee member

A member of the committee of an incorporated association may resign as a committee member by written notice given to the public officer.

1. Disclosure of material personal interest

   (1)If a member of the committee of an incorporated association has a material personal interest in a matter being considered at a committee meeting, the committee member must—

   (a)as soon as the member becomes aware of the interest, disclose the nature and extent of the interest to the committee; and

   (b)disclose the nature and extent of the interest at the next general meeting of the association.

   Maximum penalty:  20 penalty units.

   (2)Subsection (1) does not apply in relation to a material personal interest—

   (a)that exists only because the member—

   (i)is an employee of the incorporated association; or

   (ii)is a member of a class of people for whose benefit the association is established; or

   (b)that the member has in common with all, or a substantial proportion of, the members of the association.

   (3)Subsection (4) applies if a member of the committee of an incorporated association has an interest in a contract or proposed contract and the member—

   (a)is not required to disclose the interest because of subsection (2); or

   (b)discloses the interest in accordance with subsection (1) and has complied with section 65A (1).

   (4)For subsection (3)—

   (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.

   (5)A disclosure of a material personal interest required by subsection (1) must give details of—

   (a)the nature and extent of the interest; and

   (b)the relation of the interest to the activities of the incorporated association.

   (6)The details mentioned in subsection (5) must be recorded in the minutes of the committee meeting at which the disclosure is made.

65AMatter on which committee member has material personal interest

(1)A member of the committee of an incorporated association who has a material personal interest in a matter being considered at a committee meeting must not—

(a)be present while the matter is being considered at the meeting; or

(b)vote on the matter.

Maximum penalty:  20 penalty units.

(2)Subsection (1) does not apply in relation to a material personal interest—

(a)that exists only because the member belongs to a class of people for whose benefit the association is established; or

(b)that the member has in common with all, or a substantial proportion of, the members of the association.

(3)If there are not enough committee members to form a quorum to consider a matter because of subsection (1)—

(a)1 or more committee members (including those who have a material personal interest in the matter) may call a general meeting; and

(b)the general meeting may pass a resolution to deal with the matter.

65BDispute resolution procedure

(1)The rules of an incorporated association must set out a dispute resolution procedure for dealing with any dispute under this Act or the rules between—

(a)a member and another member; or

(b)a member and the association.

NoteAny power of an incorporated association to adjudicate a dispute under this section is subject to the rules of natural justice (see s 50).

(2)A member may appoint any person to act on behalf of the member in the dispute resolution procedure.

(3)In applying the dispute resolution procedure, the association must ensure that—

(a)each party to the dispute has been given an opportunity to be heard on the matter which is the subject of the dispute; and

(b)the outcome of the dispute is determined by an unbiased decision-maker; and

(c)the decision-maker notifies each party to the dispute, in writing, about the decision and gives reasons for the decision; and

(d)to the extent that doing so is compatible with paragraphs (a) to (c), the dispute resolution procedure is completed as soon as is reasonably practicable; and

(e)the dispute resolution procedure includes an appeal process.

(4)If a member has initiated a dispute resolution procedure in relation to a dispute between the member and the association, the association must not take disciplinary action against any of the following people in relation to the matter which is the subject of the dispute resolution procedure until the dispute resolution procedure has been completed:

(a)the member who initiated the dispute resolution procedure (complainant member);

(b)a member of the association appointed by the complainant member under subsection (2) to act on behalf of the complainant member in the dispute resolution procedure.

65CDisciplinary action

(1)This section applies if an incorporated association proposes to take disciplinary action against a member in relation to that member’s status as a member of the association.

(2)Subject to subsections (3) and (4), the procedure (a disciplinary procedure) under which disciplinary action is taken must be in accordance with the procedure (if any) provided by the rules of the association.

(3)In applying the disciplinary procedure, the association must ensure that—

(a)the member who is the subject of the disciplinary procedure—

(i)is told the grounds upon which the disciplinary action against the member is proposed to be taken; and

(ii)has been given an opportunity to be heard in relation to the matter; and

(b)the outcome of the disciplinary procedure is decided by an unbiased decision-maker; and

(c)the decision-maker notifies the member, in writing, about the decision and gives reasons for the decision; and

(d)the disciplinary procedure includes an appeal process; and

(e)to the extent that doing so is compatible with paragraphs (a) to (d), the disciplinary procedure is completed as soon as is reasonably practicable.

(4)A member of an incorporated association who is the subject of a disciplinary procedure must not initiate a dispute resolution procedure in relation to the matter which is the subject of the disciplinary procedure until the disciplinary procedure has been completed.

1. Information from officers

   The registrar-general may, by notice served on a person who, from returns or other information lodged with the registrar-general, appears to be a member of the committee or the public officer of an incorporated association, require the person, within the time stated in the notice, to lodge with the registrar-general a notice—

   (a)indicating the person’s current home address; and

   (b)stating whether or not the person holds the office stated in the registrar-general’s notice to the person and, if not, to indicate the date when the person ceased to hold the office.

   NoteA person may ask the registrar-general to keep their contact details confidential (see s 13A (2)). However, a public officer must have at least 1 address publicly available for service of documents (see s 13A (4)).

Division 4.2               Duties of officers

66ADuty of care and diligence

An officer of an incorporated association must exercise the officer’s functions and discharge the officer’s duties with the degree of care and diligence that a reasonable person would exercise if that person—

(a)were an officer of the association in the circumstances applying at the time of the exercise of the function or the discharge of the duty; and

financial year, in relation to an incorporated association, means the period, not exceeding 12 months, fixed by the rules of the association as the financial year of the association for this Act.

inaugural member of a committee means a person who is, under section 61, taken to be an inaugural member of the committee of an incorporated association.

inaugural public officer means the person who is, under section 58, taken to be the inaugural public officer of an incorporated association.

incorporated means incorporated under this Act or the repealed Act.

incorporation, in relation to a nonexistent incorporated association, for division 3.6 (Contracts)—see section 42.

large association, for a financial year, for part 5 (Record keeping and reporting)—see section 70B.

medium association, for a financial year, for part 5 (Record keeping and reporting)—see section 70B.

member, in relation to membership of an incorporated association whether as an individual or as a body corporate, includes associate member or any other class of member.

model rules means the rules prescribed under section 127 (2) (a).

objects, in relation to an incorporated association, means the objects that are, under section 29, the objects of the association.

officer, in relation to an incorporated association, means—

(a)a member of the committee of the association; or

(b)the public officer, secretary, treasurer or executive officer of the association, the holder of any other office of the association (however described) or a person occupying any of the abovementioned offices, whether validly appointed or not; or

(c)any other person who is concerned in or takes part in the management of the association’s affairs;

but does not include a patron or the holder of another honorary office of the association if the office does not give its incumbent a right to participate in the management of the association’s affairs.

pecuniary gain—see section 4.

public officer, in relation to an incorporated association, means the person appointed to be the public officer of the association in accordance with section 57.

purport—

(a)to enter into a contract, for division 3.6 (Contracts)—see section 42; and

(b)to execute a contract, for division 3.6 (Contracts)—see section 42.

register of members—means the register kept under section 67.

repealed Act means the Associations Incorporation Act 1953 as in force from time to time before 1 January 1992.

reproduction, in relation to a document, means—

(a)a machine-copy of the document; or

(b)a print made from the negative of the document; or

(c)if an image of the document has been stored by means of a computer or by other electronic means—a print-out of the image.

required statement, for part 5 (Record keeping and reporting)—see section 70B.

reviewable decision, for part 10 (Notification and review of decisions)—see section 118.

reviewer, of an association’s statement of accounts, for part 5 (Record keeping and reporting)—see section 70B.

rules, in relation to an incorporated association, means the rules that are, under section 31 (1), the rules of the association.

small association, for a financial year, for part 5 (Record keeping and reporting)—see section 70B.

special resolution means a resolution passed in accordance with section 70.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Associations Incorporation Act 1991 A1991‑46

   notified 30 September 1991 (Gaz 1991 No S97)
   s 1, s 2 commenced 30 September 1991 (s 2 (1))

   remainder commenced 1 January 1992 (s 2 (2) and Gaz 1991 No S140)

   as amended by

   Statute Law Revision (Miscellaneous Provisions) Act 1993 A1993‑1 sch 1

   notified 1 March 1993 (Gaz 1993 No S23)

   commenced 1 March 1993

   Registrar-General (Consequential Provisions) Act 1993 A1993‑64 sch 1

   notified 6 September 1993
   s 1, s 2 commenced 6 September 1993 (s 2 (1))

   sch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)

   Real Property (Consequential Provisions) Act 1993 A1993‑90 sch

   notified 17 December 1993
   s 1, s 2 commenced 17 December 1993 (s 2 (1))

   sch commenced 1 January 1994 (s 2 (2) and Gaz 1993 No S270)

   Associations Incorporation (Amendment) Act 1994 A1994‑21

   notified 20 May 1994 (Gaz 1994 No S87)

   commenced 20 May 1994 (s 2)

   Administrative Appeals (Consequential Amendments) Act 1994 A1994‑60 sch 1

   notified 11 October 1994 (Gaz 1994 No S197)
   s 1, s 2 commenced 11 October (s 2 (1))

   sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)

   Land Titles (Consequential Amendments) Act 1995 A1995‑54 sch 1

   notified 20 December 1995 (Gaz 1995 No S313)

   commenced 20 June 1996 (s 2)

   Financial Institutions (Removal of Discrimination) Act 1997 A1997‑88 sch

   notified 1 December 1997 (Gaz 1997 No S380)
   s 1, s 2 commenced 1 December 1997 (s 2 (1))

   sch commenced 31 December 1997 (s 2 (2) and Gaz 1997 No S442)

   Legal Practitioners (Consequential Amendments) Act 1997 A1997‑96 sch 1

   notified 1 December 1997 (Gaz 1997 No S380)
   s 1, s 2 commenced 1 December 1997 (s 2 (1))

   sch 1 commenced 1 June 1998 (s 2 (2))

   Statute Law Revision (Penalties) Act 1998 A1998‑54 sch

   notified 27 November 1998 (Gaz 1998 No S207)
   s 1, s 2 commenced 27 November 1998 (s 2 (1))

   sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

   Law Reform (Miscellaneous Provisions) Act 1999 A1999‑66 sch 3

   notified 10 November 1999 (Gaz 1999 No 45)

   commenced 10 November 1999 (s 2)

   Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 24

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 24 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.7

   notified LR 26 March 2004
   s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

   sch 2 pt 2.7 commenced 9 April 2004 (s 2 (1))

   Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.2

   notified LR 11 August 2004
   s 1, s 2 commenced 11 August 2004 (LA s 75 (1))

   sch 3 pt 3.2 commenced 25 August 2004 (s 2 (1))

   Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.3

   notified LR 12 May 2005
   s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
   sch 3 pt 3.3 commenced 2 June 2005 (s 2 (1))

   Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.8

   notified LR 22 March 2007
   s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

   sch 3 pt 3.8 commenced 12 April 2007 (s 2 (1))

   Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.4

   notified LR 20 June 2007

   s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
   sch 3 pt 3.4 commenced 11 July 2007 (s 2 (1))

   ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.10

   notified LR 4 September 2008
   s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
   sch 1 pt 1.10 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

   Justice and Community Safety Legislation Amendment Act 2009 (No 2) A2009-19 pt 2

   notified LR 1 September 2009
   s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

   pt 2 commenced 29 September 2009 (s 2)

   Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.6

   notified LR 1 September 2009
   s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

   sch 3 pt 3.6 commenced 22 September 2009 (s 2)

   Associations Incorporation Amendment Act 2009 A2009-27

   notified LR 9 September 2009
   s 1, s 2 commenced 9 September 2009 (LA s 75 (1))

   remainder commenced 10 September 2009 (s 2)

   Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.3

   notified LR 26 November 2009
   s 1, s 2 commenced 26 November 2009 (LA s 75 (1))

   sch 3 pt 3.3 commenced 17 December 2009 (s 2)

   Justice and Community Safety Legislation Amendment Act 2010 (No 2) A2010-30 sch 1 pt 1.2

   notified LR 31 August 2010
   s 1, s 2 commenced 31 August 2010 (LA s 75 (1))
   s 3 commenced 1 September 2010 (s 2 (1))

   sch 1 pt 1.2 commenced 28 September 2010 (s 2 (2))

   Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.2

   notified LR 22 February 2011
   s 1, s 2 commenced 22 February 2011 (LA s 75 (1))

   sch 3 pt 3.2 commenced 1 March 2011 (s 2)

   Justice and Community Safety Legislation Amendment Act 2011 A2011-16 sch 1 pt 1.2

   notified LR 17 May 2011
   s 1, s 2 commenced 17 May 2011 (LA s 75 (1))

   sch 1 pt 1.2 commenced 17 November 2011 (s 2 and LA s 79)

   Justice and Community Safety Legislation Amendment Act 2011 (No 2) A2011-27 sch 1 pt 1.1

   notified LR 30 August 2011
   s 1, s 2 taken to have commenced 29 July 2008 (LA s 75 (2))

   sch 1 pt 1.1 commenced 13 September 2011 (s 2 (1))

   Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.3

   notified LR 31 August 2011
   s 1, s 2 commenced 31 August 2011 (LA s 75 (1))

   sch 3 pt 3.3 commenced 21 September 2011 (s 2 (1))

   Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.4

   notified LR 22 November 2011

   s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
   sch 1 pt 1.4 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011‑12, s 2 and CN2012-4)

   Business Names Registration (Transition to Commonwealth) Act 2012 A2012-2 sch 2 pt 2.1

   notified LR 28 February 2012
   s 1, s 2 commenced 28 February 2012 (LA s 75 (1))
   sch 2 pt 2.1 commenced 28 May 2012 (s 2 (2))

   Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.8

   notified LR 30 September 2015
   s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
   sch 1 pt 1.8 commenced 14 October 2015 (s 2)

   Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.5

   notified LR 13 April 2016
   s 1, s 2 commenced 13 April 2016 (LA s 75 (1))

   sch 3 pt 3.5 commenced 27 April 2016 (s 2)

   Justice and Community Safety Legislation Amendment Act 2016 A2016‑37 sch 1 pt 1.2

   notified LR 22 June 2016
   s 1, s 2 commenced 22 June 2016 (LA s 75 (1))

   sch 1 pt 1.2 commenced 29 June 2016 (s 2)

   Red Tape Reduction Legislation Amendment Act 2017 A2017‑17 pt 3

   notified LR 14 June 2017
   s 1, s 2 commenced 14 June 2017 (LA s 75 (1))
   pt 3 commenced 1 July 2017 (s 2 (1))

   Justice and Community Safety Legislation Amendment Act 2017 (No 3) A2017-38 pt 2

   notified LR 9 November 2017
   s 1, s 2 commenced 9 November 2017 (LA s 75 (1))
   pt 2 commenced 16 November 2017 (s 2 (1))

   Red Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 2

   notified LR 25 September 2018
   s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
   pt 2 commenced 1 July 2019 (s 2 (3))

   Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.3

   notified LR 8 November 2018

   s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
   sch 3 pt 3.3 commenced 22 November 2018 (s 2 (1))

   COVID-19 Emergency Response Legislation Amendment Act 2020 A2020-14 sch 1 pt 1.1

   notified LR 13 May 2020
   s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
   sch 1 pt 1.1 commenced 14 May 2020 (s 2 (1))

   Land Titles (Electronic Conveyancing) Legislation Amendment Act 2020 A2020-16 sch 1 pt 1.2

   notified LR 13 May 2020
   s 1, s 2 commenced 13 May 2020 (LA s 75 (1))
   sch 1 pt 1.2 commenced 1 June 2020 (s 2 and see Electronic Conveyancing National Law (ACT) Act 2020 A2020-15 s 2)

   COVID-19 Emergency Response Legislation Amendment Act 2021 A2021-1 sch 1 pt 1.1

   notified LR 19 February 2021
   s 1, s 2 commenced 19 February 2021 (LA s 75 (1))
   sch 1 pt 1.1 commenced 20 February 2021 (s 2 (1))

   Justice and Community Safety Legislation Amendment Act 2021 A2021-3 pt 5

   notified LR 19 February 2021
   s 1, s 2 commenced 19 February 2021 (LA s 75 (1))
   pt 5 commenced 26 February 2021 (s 2 (1))

   Operational Efficiencies (COVID-19) Legislation Amendment Act 2021 A2021-24 pt 2

   notified LR 13 October 2021
   s 1, s 2 taken to have commenced 8 October 2021 (LA s 75 (2))
   pt 2 taken to have commenced 8 October 2021 (s 2 (2) (b))

   Justice and Community Safety Legislation Amendment Act 2023 (No 2) A2023-42 pt 2

   notified LR 8 November 2023
   s 1, s 2 commenced 8 November 2023 (LA s 75 (1))
   pt 2 commenced 9 November 2023 (s 2)

   Justice and Community Safety Legislation Amendment Act 2023 (No 3) A2023-57 pt 4

   notified LR 11 December 2023
   s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
   pt 4 commenced 12 December 2023 (s 2 (1))

   Better Regulation Legislation Amendment Act 2025 A2025-13 pt 4

   notified LR 26 May 2025
   s 1, s 2 commenced 26 May 2025 (LA s 75 (1))
   pt 4 commenced 9 June 2025 (s 2 (1))

2. Amendment history

   Name of Act

   s 1sub A2007‑3 amdt 3.34

   Dictionary

   s 2om A2001‑44 amdt 1.246

   ins A2007‑3 amdt 3.36

   am A2018‑42 amdt 3.13

   Notes

   s 3defs reloc to dict A2007‑3 amdt 3.35

   sub A2007‑3 amdt 3.36

   def determined fee am A1999‑66 sch

   om A2001‑44 amdt 1.249

   def legal practitioner om A1997‑88 sch

   def Registrar om A1993‑64 sch 1

   def Registrar of Titles om A1993‑64 sch 1

   Offences against Act—application of Criminal Code etc

   s 3Ains A2017‑38 s 5

   am A2018-33 s 5; A2023-57 s 11

   Pecuniary gain—interpretation

   s 4 hdgsub A2018-33 s 6

   s 4am A2018-33 s 7, s 8; pars renum R30 LA

   Registrar and Deputy Registrars

   s 5om A1993‑64

   Acting appointments

   s 6om A1993‑64

   Registrar a corporation sole

   s 7om A1993‑64

   Protection and liability of Registrar and other officers

   s 8om A1993‑64

   Registers

   s 9am A1993‑64

   sub A2011‑3 amdt 3.6

   Copies of certificates of incorporation

   s 10am A1993‑64

   om A2017‑17 s 8

   Copies of documents

   s 11 hdgsub A2018-33 s 9

   s 11am A1993‑64; A2001‑44 amdt 1.250, amdt 1.251; A2009‑27 s 4; A2017‑17 s 9; pars renum R27 LA; A2018-33 s 10

   Disposal of documents

   s 12am A1993‑64

   Defective documents

   s 13am A1993‑64; A2001‑44 amdt 1.252, amdt 1.253

   Contact details may be kept confidential

   s 13Ains A2009‑27 s 5

   sub A2018-33 s 11

   Eligibility for incorporation

   s 14am A2011‑28 amdt 3.9; A2018-33 s 12

   Ineligible associations—incorporation

   s 15am A2001‑44 amdt 1.254, amdt 1.255; A2007‑16 amdt 3.14; A2018-33 s 12

   Powers of authorised person

   s 17am A1993‑64

   Applications for incorporation

   s 18am A2001‑44 amdts 1.256-1.258; A2009‑27 s 6; A2018‑33 s 13

   Certificate of incorporation

   s 19am A1993‑64

   Corporate identity

   s 22am A2018-33 s 14

   Restriction of actions

   s 25am A1993‑64

   Amalgamation of incorporated associations

   s 26am A1993‑64; A2001‑44 amdts 1.259-1.261; A2009‑27 s 6; A2018-33 s 15

   Incorporation of amalgamating associations

   s 27am A1993‑64

   Effect of incorporation—amalgamated associations

   s 28am A1993‑64; A1993‑90; A1995‑54; A2020‑16 amdt 1.2

   Objects

   s 29am A1993‑64

   Alteration of objects

   s 30am A1993‑64; A1998‑54; A2001‑44 amdt 1.262, amdt 1.263

   Rules other than model rules

   s 32am A1993‑1

   Alteration of rules

   s 33am A1993‑64; A1998‑54; A2001‑44 amdt 1.264, amdt 1.265

   Copies of documents for members

   s 35am A2001‑44 amdt 1.266; A2018-33 s 16

   Committee may refuse access to documents

   s 35Ains A2018-33 s 17

   Reservation of names

   s 37am A1993‑64; A2001‑44 amdts 1.267-1.271; A2012‑2 amdt 2.1; pars renum R23 LA

   Change of name

   s 38am A1993‑64; A2001‑44 amdt 1.272, amdt 1.273

   Compulsory change of name

   s 39am A1993‑64

   Name on association’s documents etc

   s 41am A1998‑54; A2018-33 s 18

   References to purported entry into contracts etc—div 3.6

   s 42sub A2007‑3 amdt 3.37

   Ratification of pre-incorporation contracts

   s 43am A2018-33 s 19

   Relationship between association and members

   s 48am A2018-33 s 20

   Authentication and execution of documents

   s 55am A2011‑3 amdt 3.7; A2018-33 ss 21-24; ss renum R30 LA

   Validity of documents executed under common seal

   s 56am A2018-33 s 25

   Appointment of public officer and committee

   div 4.1 hdgins A2018-33 s 26

   Notice of public officer’s appointment or change of address

   s 59am A1993‑64; A1998‑54 A2001‑44 amdts 1.274-1.276; A2009‑27 s 7; A2011‑3 amdt 3.8; A2018-33 s 27, s 28

   Notice of changes in committee

   s 62am A1993‑64; A1998‑54 A2001‑44 amdt 1.277, amdt 1.278; A2009‑27 s 8; A2011‑3 amdt 3.9; A2017‑17 s 10; A2018‑33 s 29

   Disqualification from office––convictions or bankruptcy

   s 63 hdgsub A2011‑27 amdt 1.1

   s 63am A1993‑64; A1998‑54; A2010‑30 amdt 1.13; A2011‑3 amdt 3.10

   Disqualification from office––noncompliance with Act

   s 63Ains A2011‑27 amdt 1.2

   Disqualification from office––disqualified under other legislation

   s 63Bins A2017‑38 s 6

   Vacancy in office of public officer

   s 64am A1998‑54; A2010‑30 amdt 1.14; A2011‑3 amdt 3.11; A2011‑27 amdt 1.3; pars renum R19 LA; A2017‑38 s 7; pars renum R28 LA; A2018-33 s 30

   Resignation of committee member

   s 64Ains A2018-33 s 31

   Disclosure of material personal interest

   s 65am A1998‑54; A2011‑3 amdt 3.12

   sub A2018-33 s 31

   Matter on which committee member has material personal interest

   s 65Ains A2018-33 s 31

   Dispute resolution procedure

   s 65Bins A2018-33 s 31

   Disciplinary action

   s 65Cins A2018-33 s 31

   Information from officers

   s 66am A1993‑64; A2009‑27 s 9; A2009‑49 amdt 3.8; A2018‑33 s 32

   Duties of officers

   div 4.2 hdgins A2018-33 s 33

   Duty of care and diligence

   s 66Ains A2018-33 s 33

   Duty of good faith and proper purpose

   s 66Bins A2018-33 s 33

   Use of position

   s 66Cins A2018-33 s 33

   Use of information

   s 66Dins A2018-33 s 33

   Register of members

   div 4.3 hdgins A2018-33 s 34

   Register of members

   s 67am A2017‑17 s 11

   sub A2018-33 s 35

   Inspection of register of members

   s 67Ains A2018-33 s 35

   Restriction of access to personal information

   s 67Bins A2018-33 s 35

   General meetings

   div 4.4 hdgins A2018-33 s 36

   Special resolutions

   s 70am A1994‑21; A2023‑42 s 4, s 5

   General meetings—procedure during COVID-19 emergency

   s 70AAins A2020‑14 amdt 1.1

   am A2021‑1 amdt 1.1

   exp 8 October 2021 (s 70AA (7))

   am A2021‑24 s 4

   exp 29 September 2023 (s 70AA (7))

   Record keeping and reporting

   pt 5 hdgsub A2018-33 s 37

   Application––pt 5

   s 70Ains A2017‑17 s 12

   Definitions—pt 5

   s 70Bins A2018-33 s 38

   def auditor ins A2018-33 s 38

   def large association ins A2018-33 s 38

   def medium association ins A2018-33 s 38

   def required statement ins A2018-33 s 38

   def reviewer ins A2018-33 s 38

   am A2021-3 s 8

   def small association ins A2018-33 s 38

   Exemption from revenue thresholds

   s 70Cins A2018-33 s 38

   Accounting records

   s 71am A1998‑54; A2018-33 s 39

   Annual statement of accounts

   s 72am A1998‑54

   Presentation of statement to members

   s 73am A1998‑54; A2018-33 ss 40-42

   Review or audit of accounts

   s 74am A1998‑54; A2004‑42 amdt 3.2; A2011‑27 amdt 1.4

   sub A2018-33 s 43

   Review reports

   s 75am A2011‑3 amdt 3.13

   sub A2018-33 s 43

   Audit reports

   s 76 hdgsub A2018-33 s 44

   s 76am A1993‑64; A1998‑54; A2018-33 ss 45-50

   Reviewer’s and auditor’s liability

   s 77 hdgsub A2018-33 s 51

   s 77sub A2011‑3 amdt 3.14

   am A2018-33 s 52, s 53

   Obstruction of auditor

   s 78am A1998‑54; A2011‑3 amdt 3.15

   Registrar-general’s power to require statements and reports

   s 79am A1993‑64; A1998‑54; A2001‑44 amdt 1.279; A2018‑33 ss 54-56

   sub A2023-57 s 12

   Lodgment of particulars instead of documents

   s 80am A1993‑64

   omA2023-57 s 12

   Definitions for pt 6

   s 81def company limited by guarantee am A2018‑42 amdt 3.14

   def corporation law ins A2016‑37 amdt 1.2

   def constitution ins A2018‑42 amdt 3.15

   def memorandum om A2018‑42 amdt 3.16

   Voluntary transfer of incorporation

   s 82am A1993‑64; A2001‑44 amdts 1.280-1.282

   sub A2016‑37 amdt 1.3

   Cancellation where continued incorporation inappropriate

   s 83am A1993‑64; A2001‑44 amdts 1.283-1.285; R5 LA (see A2001‑44 amdt 1.286); A2007‑16 amdt 3.15; A2011‑28 amdt 3.10; A2015‑33 amdt 1.20, amdt 1.21; A2016‑37 amdt 1.4

   Membership of proposed company

   s 84am A2018‑42 amdt 3.17

   Cancellation of incorporation following voluntary transfer

   s 85am A1993‑64; A2016‑37 amdt 1.4

   Effect of cancellation of incorporation

   s 86am A2016‑37 amdt 1.5, amdt 1.6

   Transfer of land to company

   s 87am A1993‑64; A1993‑90; A1995‑54; A2020‑16 amdt 1.3

   Application for winding up by the court

   s 89am A1993‑64

   Winding-up by the court

   s 90am A2018-33 s 57

   Property of defunct association

   s 92am A1993‑64; A1993‑90; A1995‑54; A1998‑54; A2009‑20 amdt 3.17; A2018-33 s 58; A2020‑16 amdt 1.4

   Cancellation of incorporation

   s 93am A1993‑64; A2001‑44 amdts 1.287-1.289; R5 LA (see A2001‑44 amdt 1.290); A2009‑19 s 4; pars renum R15 LA; A2011‑3 amdt 3.16; A2011‑16 amdt 1.2; A2015‑33 amdt 1.22; A2018-33 ss 59-61; A2023-57 ss 13-15

   Property of former incorporated association

   s 94am A1993‑64; A1993‑90; A1995‑54; A2020‑16 amdt 1.5

   Property vested in registrar-general

   s 95am A1993‑64; A2011‑3 amdt 3.17

   Liability in relation to property vested in registrar-general

   s 96am A1993‑64

   Registrar-general’s power to act for defunct association

   s 97am A1993‑64; A2011‑3 amdt 3.17

   Records of property vested in registrar-general

   s 98am A1993‑64

   Meaning of books in pt 8

   s 99am A2011‑28 amdt 3.11

   Secrecy

   s 100am A1993‑64; A1998‑54

   Investigations by registrar-general

   s 101am A1993‑64; A2011‑3 amdt 3.18

   Scope of registrar-general’s powers

   s 102am A1993‑64

   Production of association’s books

   s 103am A1993‑64; A2011‑3 amdts 3.19-3.22

   Inspection of books held by lawyer

   s 104am A1993‑64

   Proceedings for offences

   s 106am A1993‑64

   Offences related to inspection of books

   s 107am A1993‑64; A1998‑54; A2011‑3 amdt 3.23, amdt 3.24

   Offences by officers of associations etc

   s 108am A1993‑64; A1998‑54

   Offence—pecuniary gain

   s 109 hdgsub A2018-33 s 62

   s 109am A1998‑54; A2018-33 s 63

   Improper use of officer’s position

   s 111am A1998‑54

   om A2004‑15 amdt 2.17

   Offences by unincorporated bodies

   s 112am A1998‑54

   False or misleading statements

   s 113am A1993‑64; A1998‑54

   om A2004‑15 amdt 2.17

   Investment with associations

   s 114am A1993‑64; A1998‑54

   Certificates as evidence

   s 115am A1993‑64; A2011‑48 amdt 1.4, amdt 1.5; ss renum R22 LA; A2017‑17 s 13; pars renum R27 LA

   Copies or extracts of books as evidence

   s 116am A2016‑18 amdt 3.16

   Constructive notice of documents etc

   s 117am A1993‑64

   Notification and review of decisions

   pt 10 hdgsub A2008‑37 amdt 1.34

   Meaning of reviewable decision—pt 10

   s 118am A1993‑64; A1994‑60

   sub A2008‑37 amdt 1.34

   Reviewable decision notices

   s 119am A1993‑64; A1994‑60

   sub A2008‑37 amdt 1.34

   Applications for review

   s 119Ains A2008‑37 amdt 1.34

   Miscellaneous

   pt 11 hdgins A2008‑37 amdt 1.34

   Information sharing on ACNC registered entities

   s 119Bins A2017‑17 s 14

   Extensions of time for applications etc

   s 120am A1993‑64; A2001‑44 amdt 1.291, amdt 1.292; A2020‑14 amdt 1.2; A2021‑1 amdt 1.2

   (3)-(6) exp 8 October 2021 (s 120 (6))

   am A2021‑24 s 5

   (3)-(6) exp 29 September 2023 (s 120 (6))

   Registered office of incorporated association

   s 121am A1993‑64; A2007‑16 amdt 3.16; A2011‑28 amdt 3.12; A2017‑17 s 15

   Service of documents

   s 122am A1993‑64; A1998‑54; A2017‑17 s 16

   Translation of instruments

   s 123am A1998‑54

   Determination of fees

   s 125am A1993‑64

   sub A2001‑44 amdt 1.293

   Approved forms

   s 126sub A2001‑44 amdt 1.293

   am A2007‑3 amdt 3.38

   Regulation-making power

   s 127am A1993‑64; A1998‑54

   sub A2001‑44 amdt 1.293

   am A2007‑16 amdt 3.17, amdt 3.18

   Repeal

   s 128om A2001‑44 amdt 1.293

   Transitional and savings provisions

   pt 11 hdgexp 2 June 2005 (s 141 (2))

   General savings

   s 129exp 2 June 2005 (s 141 (2))

   Legal proceedings

   s 130exp 2 June 2005 (s 141 (2))

   Associations incorporated under repealed Act

   s 131exp 2 June 2005 (s 141 (2))

   Registers kept under repealed Act

   s 132exp 2 June 2005 (s 141 (2))

   Winding-up

   s 133exp 2 June 2005 (s 141 (2))

   Applications for incorporation

   s 134exp 2 June 2005 (s 141 (2))

   Documents to be lodged

   s 135exp 2 June 2005 (s 141 (2))

   Statement of objects

   s 136am A1993‑64

   exp 2 June 2005 (s 141 (2))

   Change of name

   s 137am A1993‑64

   exp 2 June 2005 (s 141 (2))

   Transition—public officer

   s 138exp 2 June 2005 (s 141 (2))

   Transition—committee

   s 139am A1998‑54

   exp 2 June 2005 (s 141 (2))

   Transition—additional return

   s 140am A1993‑64; A1998‑54

   exp 2 June 2005 (s 141 (2))

   Expiry of pt 11 etc

   s 141am A1998‑54

   om R4 LRA

   ins A2005‑20 amdt 3.13

   exp 2 June 2005 (s 141 (2))

   Transition—annual general meeting

   s 142om R4 LRA

   Transition—register of members

   s 143am A1993‑64

   om R4 LRA

   Validation

   pt 12 hdgins A2023‑42 s 6

   exp 9 November 2023 (s 145)

   Validation of certain general meetings

   s 144 ins A2023‑42 s 6

   exp 9 November 2023 (s 145)

   Expiry—pt 12

   s 145 ins A2023‑42 s 6

   exp 9 November 2023 (s 145)

   Matters to be provided for in rules other than model rules

   sch 1am A2018-33 ss 64-67; items and pars renum R30 LA;

   
   A2025-13

   s 9

   Modification of Corporations Act, part 5.7 in its application to incorporated associations

   sch 2am A1993‑64

   Reviewable decisions

   sch 3ins A2008‑37 amdt 1.35

   am A2018-33 s 68; items renum R30 LA

   Dictionary

   dictins A2007‑3 amdt 3.39

   am A2008‑37 amdt 1.36; A2009‑49 amdt 3.9; A2010‑30 amdt 1.15; A2011‑28 amdt 3.13; A2016‑37 amdt 1.7;

   
   A2018-33

   s 69; A2020‑16 amdt 1.6

   def accounting records reloc from s 3 A2007‑3 amdt 3.35

   def ACNC registered entity ins A2017‑17 s 17

   def annual general meeting reloc from s 3 A2007‑3 amdt 3.35

   def annual return reloc from s 3 A2007‑3 amdt 3.35

   om A2023-57 s 16

   def approved form sub A2001‑44 amdt 1.247

   reloc from s 3 A2007‑3 amdt 3.35

   def auditor ins A2018-33 s 70

   def authorised person reloc from s 3 A2007‑3 amdt 3.35

   def banker’s books reloc from s 3 A2007‑3 amdt 3.35

   om A2011‑28 amdt 3.14

   def banking corporation am A1997‑88 sch

   sub A1999‑66 sch

   reloc from s 3 A2007‑3 amdt 3.35

   def books reloc from s 3 A2007‑3 amdt 3.35

   also ins A2007‑3 amdt 3.39

   both sub A2011‑28 amdt 3.15

   def certificate of incorporation reloc from s 3 A2007‑3 amdt 3.35

   def commencement date sub A2001‑44 amdt 1.248

   reloc from s 3 A2007‑3 amdt 3.35

   om A2011‑28 amdt 3.16

   def committee reloc from s 3 A2007‑3 amdt 3.35

   def company limited by guarantee ins A2007‑3 amdt 3.39

   def constitution ins A2018‑42 amdt 3.18

   def corporation law ins A2016‑37 amdt 1.8

   def court reloc from s 3 A2007‑3 amdt 3.35

   def financial year reloc from s 3 A2007‑3 amdt 3.35

   def inaugural member of a committee reloc from s 3 A2007‑3 amdt 3.35

   def inaugural public officer reloc from s 3 A2007‑3 amdt 3.35

   def incorporated reloc from s 3 A2007‑3 amdt 3.35

   def incorporation ins A2007‑3 amdt 3.39

   def large association ins A2018-33 s 70

   def medium association ins A2018-33 s 70

   def member reloc from s 3 A2007‑3 amdt 3.35

   def memorandum ins A2007‑3 amdt 3.39

   om A2018‑42 amdt 3.19

   def model rules reloc from s 3 A2007‑3 amdt 3.35

   def objects reloc from s 3 A2007‑3 amdt 3.35

   def officer reloc from s 3 A2007‑3 amdt 3.35

   def pecuniary gain ins A2007‑3 amdt 3.39

   def public officer reloc from s 3 A2007‑3 amdt 3.35

   def purport ins A2007‑3 amdt 3.39

   def register of members ins A2018-33 s 70

   def repealed Act reloc from s 3 A2007‑3 amdt 3.35

   am A2011‑28 amdt 3.17

   def reproduction reloc from s 3 A2007‑3 amdt 3.35

   def required statement ins A2018-33 s 70

   def reviewable decision ins A2008‑37 amdt 1.37

   def reviewer ins A2018-33 s 70

   def rules reloc from s 3 A2007‑3 amdt 3.35

   def small association ins A2018-33 s 70

   def special resolution reloc from s 3 A2007‑3 amdt 3.35

   def trade ins A2007‑3 amdt 3.39

   om A2018-33 s 71

1. Earlier republications

   Some earlier republications were not numbered.  The number in column 1 refers to the publication order.

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format.  These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R0A 27 Feb 2008	1 Jan 1992– 28 Feb 1993	not amended	republication for new Act
R0B 27 Feb 2008	1 Mar 1993– 30 Sept 1993	A1993‑1	amendments by A1993‑1
R0C 27 Feb 2008	1 Oct 1993– 31 Dec 1993	A1993‑64	amendments by A1993‑64
R1 31 Jan 1994	1 Jan 1994– 19 May 1994	A1993‑90	amendments by A1993‑90
R1 (RI) 27 Feb 2008	1 Jan 1994– 19 May 1994	A1993‑90	reissue of printed version
R1A 27 Feb 2008	20 May 1994– 13 Nov 1994	A1994‑21	amendments by A1994‑21
R2 14 Nov 1994	14 Nov 1994– 19 June 1996	A1994‑60	amendments by A1994‑60
R2 (RI) 27 Feb 2008	14 Nov 1994– 19 June 1996	A1994‑60	reissue of printed version
R2A 27 Feb 2008	20 June 1996– 30 Dec 1997	A1995‑54	amendments by A1995‑54
R3 30 Apr 1998	30 Apr 1998– 31 May 1998	A1997‑96	amendments by A1997‑88
R3 (RI) 27 Feb 2008	30 Apr 1998– 31 May 1998	A1997‑96	reissue of printed version
R3A 27 Feb 2008	1 June 1998– 8 Dec 1998	A1997‑96	amendments by A1997‑96
R4 31 Jan 1999	31 Jan 1999– 9 Nov 1999	A1998‑54	amendments by A1998‑54
R4 (RI) 27 Feb 2008	31 Jan 1999– 9 Nov 1999	A1998‑54	reissue of printed version
R4A 27 Feb 2008	10 Nov 1999– 11 Sept 2001	A1999‑66	amendments by A1999‑66
R5 23 Nov 2001	12 Sept 2001– 8 Apr 2004	A2001‑44	amendments by A2001‑44
R6 9 Apr 2004	9 Apr 2004– 24 Aug 2004	A2004‑15	amendments by A2004‑15
R7 25 Aug 2004	25 Aug 2004– 1 June 2005	A2004‑42	amendments by A2004‑42
R8 2 June 2005	2 June 2005– 2 June 2005	A2005‑20	amendments by A2005‑20
R9 3 June 2005	3 June 2005– 11 Apr 2007	A2005‑20	commenced expiry
R10 (RI) 18 Sept 2020	12 Apr 2007– 10 July 2007	A2007‑3	amendments by A2007‑3 reissue of printed version for textual correction in s 23
R11 (RI) 18 Sept 2020	11 July 2007– 1 Feb 2009	A2007‑16	amendments by A2007‑16 reissue for textual correction in s 23
R12 (RI) 18 Sept 2020	2 Feb 2009– 9 Sept 2009	A2008‑37	amendments by A2008‑37 reissue of printed version for textual correction in s 23
R13 (RI) 18 Sept 2020	10 Sept 2009– 21 Sept 2009	A2009‑27	amendments by A2009‑27 reissue for textual correction in s 23
R14 (RI) 18 Sept 2020	22 Sept 2009– 28 Sept 2009	A2009‑27	amendments by A2009‑20 reissue for textual correction in s 23
R15 (RI) 18 Sept 2020	29 Sept 2009– 16 Dec 2009	A2009‑27	amendments by A2009‑19 reissue for textual correction in s 23
R16 (RI) 18 Sept 2020	17 Dec 2009– 27 Sept 2010	A2009‑49	amendments by A2009‑49 reissue for textual correction in s 23
R17 (RI) 18 Sept 2020	28 Sept 2010– 28 Feb 2011	A2010‑30	amendments by A2010‑30 reissue of printed version for textual correction in s 23
R18 (RI) 18 Sept 2020	1 Mar 2011– 12 Sept 2011	A2011‑3	amendments by A2011‑3 reissue for textual correction in s 23
R19 (RI) 18 Sept 2020	13 Sept 2011– 20 Sept 2011	A2011‑27	amendments by A2011‑27 reissue for textual correction in s 23
R20 (RI) 18 Sept 2020	21 Sept 2011– 16 Nov 2011	A2011‑28	amendments by A2011‑28 reissue for textual correction in s 23
R21 (RI) 18 Sept 2020	17 Nov 2011– 29 Feb 2012	A2011‑28	amendments by A2011‑16 reissue for textual correction in s 23
R22 (RI) 18 Sept 2020	1 Mar 2012– 27 May 2012	A2011‑48	amendments by A2011‑48 reissue for textual correction in s 23
R23 (RI) 18 Sept 2020	28 May 2012– 13 Oct 2015	A2012-2	amendments by A2012-2 reissue of printed version for textual correction in s 23
R24 (RI) 18 Sept 2020	14 Oct 2015– 26 April 2016	A2015‑33	amendments by A2015‑33 reissue for textual correction in s 23
R25 (RI) 18 Sept 2020	27 Apr 2016– 28 Jun 2016	A2016‑18	amendments by A2016‑18 reissue for textual correction in s 23
R26 (RI) 18 Sept 2020	29 June 2016– 30 June 2017	A2016‑37	amendments by A2016‑37 reissue for textual correction in s 23
R27 (RI) 18 Sept 2020	1 July 2017– 15 Nov 2017	A2017-17	amendments by A2017-17 reissue for textual correction in s 23
R28 (RI) 18 Sept 2020	16 Nov 2017– 21 Nov 2018	A2017-38	amendments by A2017-38 reissue for textual correction in s 23
R29 (RI) 18 Sept 2020	22 Nov 2018– 30 June 2019	A2018‑42	amendments by A2018‑42 reissue for textual correction in s 23
R30 (RI) 18 Sept 2020	1 July 2019– 13 May 2020	A2018‑42	amendments by A2018-33 reissue for textual correction in s 23
R31 (RI) 18 Sept 2020	14 May 2020– 31 May 2020	A2020‑14	amendments by A2020‑14 reissue for textual correction in s 23
R32 (RI) 18 Sept 2020	1 June 2020– 19 Feb 2021	A2020‑16	amendments by A2020‑16 reissue for textual correction in s 23
R33 20 Feb 2021	20 Feb 2021– 25 Feb 2021	A2021-1	amendments by A2021-1
R34 26 Feb 2021	26 Feb 2021– 7 Oct 2021	A2021‑3	amendments by A2021‑3
R35 (RI) 8 Oct 2021	8 Oct 2021– 29 Sept 2023	A2021‑3	expiry of provisions (s 70AA, s 120 (3)‑(6)) reissued for retrospective amendments made by A2021‑24
R36 30 Sept 2023	30 Sept 2023– 8 Nov 2023	A2021‑24	expiry of provisions (s 70AA and s 120 (3)-(6))
R37 9 Nov 2023	9 Nov 2023– 9 Nov 2023	A2023‑42	amendments by A2023‑42
R38 10 Nov 2023	10 Nov 2023– 11 Dec 2023	A2023‑42	expiry of validation provisions (pt 12)
R39 12 Dec 2023	12 Dec 2023– 8 June 2025	A2023‑57	amendments by A2023‑57

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.

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