Associations Incorporation Amendment Act 2011 (TAS)

Associations Incorporation Amendment Act 2011

An Act to amend the Associations Incorporation Act 1964

[Royal Assent 9 November 2011]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Associations Incorporation Amendment Act 2011 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Associations Incorporation Act 1964 is referred to as the Principal Act. 4Section 25B amended (Effect of transfer of incorporation) Section 25B of the Principal Act is amended by omitting subsection (2) and substituting the following subsection: (2)  Where a company is incorporated as an association under section 25A  – (a) the incorporated association is a continuation of, and the same legal entity as, the company; and (b) the directors of the company become the committee of the incorporated association for the purposes of this Act; and (c) the assets of the company vest in the incorporated association subject to any subsisting trusts, covenants or contractual obligations; and (d) the rights and liabilities of the company become rights and liabilities of the incorporated association; and (e) any claims or proceedings initiated by or against the company may be pursued by or against the incorporated association in its own name or in the name of the company. 5Repeal of ActThis Act is repealed on the ninetieth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 29 SEPTEMBER 2011

Legislative Council on 27 OCTOBER 2011]