Associations Incorporation Amendment Regulation (No. 2) 1995 (Qld)

Queensland Subordinate Legislation 1995 No. 258 Associations Incorporation Act 1981 ASSOCIATIONS INCORPORATION AMENDMENT REGULATION (No. 2) 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of ss 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Omission of ss 5–7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Replacement of ss 9–14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9 Undesirable names—general references—Act, s 24(2)(d) . . . . . . . 4 10 Undesirable names—olympic and paralympic references—Act, s 24(2)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Application to have undesirable name—general references—Act, s 24B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 Application to have undesirable name—olympic and paralympic references—Act, s 24B . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Matters to be provided for in rules . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14 Model rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14A Application to register amendment of rules—Act, s 26A . . . . . . . . . 7 7 Amendment of s 16 (Incorporated association must keep specified records) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Amendment of s 18 (Return to accompany audited statement) . . . . . . . . . 7 9 Replacement of ss 22 and 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Associations Incorporation Amendment (No. 2) No. 258, 1995 22 Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 23 Numbering and renumbering of regulation . . . . . . . . . . . . . . . . . . . . . 8 10 Replacement of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SCHEDULE 1 FEES SCHEDULE 1A UNDESIRABLE NAMES FOR INCORPORATED ASSOCIATIONS—GENERAL REFERENCES SCHEDULE 1B UNDESIRABLE NAMES FOR INCORPORATED ASSOCIATIONS—OLYMPIC AND PARALYMPIC REFERENCES 11 Amendment of sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 Amendment of sch 3 (Model rules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 10A Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 19 First general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 19A First annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 19B Subsequent annual general meetings . . . . . . . . . . . . . . . . . . . . . . . . . 16 20 Business to be transacted at annual general meeting . . . . . . . . . . . . 16 31 Distribution of surplus assets to another entity . . . . . . . . . . . . . . . . . 18

s1 3 s6 Associations Incorporation Amendment (No. 2) No. 258, 1995 ˙ Short title 1. This regulation may be cited as the Associations Incorporation Amendment Regulation (No. 2) 1995 . ˙ Commencement 2. This regulation commences on 8 September 1995. ˙ Regulation amended 3. This regulation amends the AssociationsIncorporationRegulation1982 . ˙ Replacement of ss 2 and 3 4. Sections 2 and 3— omit, insert— ˙ ‘ Definitions ‘ 2. In this regulation— “Sydney Olympic Games” means the Summer Games of the Twenty-Seventh Olympiad to be conducted under the auspices of the International Olympic Committee. “Sydney Paralympic Games” means the Paralympic Games to be held in Sydney in 2000 to be conducted under the auspices of the International Paralympic Committee.’. ˙ Omission of ss 5–7 5. Sections 5 to 7— omit. ˙ Replacement of ss 9–14 6. Sections 9 to 14— omit, insert—

s6 4 s6 Associations Incorporation Amendment (No. 2) No. 258, 1995 ˙ ‘ Undesirable names—general references—Act, s 24(2)(d) ‘ 9. Each of the following is an undesirable name for an incorporated association— (a) a name containing a word or phrase mentioned in schedule 1A, part 1, or an abbreviation of the word or phrase; (b) a name containing a word or phrase having the same or a similar meaning to a word or phrase mentioned in schedule 1A, part 1, or an abbreviation of the word or phrase; (c) a name containing a word or phrase mentioned in schedule 1A, part 2, column 1; (d) a name that includes the word ‘Commonwealth’ or ‘Federal’; (e) a name that, in the context in which it is proposed to be used, suggests a connection with— (i) the Commonwealth, a State or a Territory; or (ii) the Commonwealth Government; or (iii) the Government of a State or Territory; or (iv) a local government; or (v) the government of any other part of the Queen’s dominions, possessions or territories; or (vi) a department, authority or instrumentality of the Commonwealth Government; or (vii) a department, authority or instrumentality of the government of a State or Territory; (f) a name that, in the context in which it is proposed to be used, suggests a connection (that does not exist) with— (i) a member of the Royal Family; or (ii) the receipt of Royal patronage; or (iii) an ex-serviceperson’s organisation; (g) a name that, in the context in which it is proposed to be used, suggests that the members of an association are totally or partially

s6 5 s6 Associations Incorporation Amendment (No. 2) No. 258, 1995 incapacitated (if the members are not totally or partially incapacitated). ˙ ‘ Undesirable names—olympic and paralympic references—Act, s 24(2)(d) ‘ 10. Each of the following is also an undesirable name for an incorporated association— (a) a name containing a phrase mentioned in schedule 1B, part 1; (b) a name containing a word, or an abbreviation of a word, mentioned in schedule 1B, part 2, column 1 in conjunction with a word, or an abbreviation of a word, mentioned in column 2; (c) a name containing the word ‘24th’, ‘twenty-fourth’ or ‘XXIVth’ in conjunction with the word ‘olympic’, ‘olympics’ or ‘games’; (d) a name containing the word ‘27th’, ‘twenty-seventh’ or ‘XXVIIth’ in conjunction with the word ‘olympiad’; (e) a name containing the word ‘Sydney’ in conjunction with the number ‘2000’ or the words ‘two thousand’; (f) a name containing the word ‘gold’ in conjunction with the number ‘2000’ or the words ‘two thousand’; (g) a name containing the word ‘games’ in conjunction with the number ‘2000’ or the words ‘two thousand’; (h) a name containing a word, or an abbreviation of a word, mentioned in schedule 1B, part 2, column 1 and, in the context in which it is proposed to be used, suggests a connection with the Sydney Olympic Games; (i) a name containing a word, or an abbreviation of a word, mentioned in schedule 1B, part 2, column 1 and, in the context in which it is proposed to be used, suggests a connection with the Sydney Paralympic Games; (j) any other name that, in the context in which it is proposed to be used, suggests a connection with the Sydney Olympic Games; (k) any other name that, in the context in which it is proposed to be used, suggests a connection with the Sydney Paralympic Games.

s6 6 s6 Associations Incorporation Amendment (No. 2) No. 258, 1995 ˙ ‘ Application to have undesirable name—general references—Act, s 24B ‘ 11. An application to have a name for an association that is, or includes, an undesirable name mentioned in schedule 1A, part 2, column 1 must be accompanied by the written agreement of the person mentioned in column 2 opposite the name. ˙ ‘ Application to have undesirable name—olympic and paralympic references—Act, s 24B ‘ 12.(1) A Sydney (Olympic) application must be accompanied by the written agreement of the Sydney Organising Committee for the Olympic Games. ‘ (2) A Sydney (Paralympic) application must be accompanied by the written agreement of the Sydney Paralympic Organising Committee Limited. ‘ (3) In this section— “Sydney (Olympic) application” means an application to have, as an association’s name— (a) a name mentioned in section 10(a) to (g) that, in the context in which it is proposed to be used, suggests a connection with the Sydney Olympic Games; or (b) a name mentioned in section 10(h) or (j). “Sydney (Paralympic) application” means an application to have, as an association’s name— (a) a name mentioned in section 10(a) to (g) that, in the context in which it is proposed to be used, suggests a connection with the Sydney Paralympic Games; or (b) a name mentioned in section 10(i) or (k). ˙ ‘ Matters to be provided for in rules ‘ 13. The rules of an incorporated association must provide for the matters in schedule 2.

s7 7 s9 Associations Incorporation Amendment (No. 2) No. 258, 1995 ˙ ‘ Model rules ‘ 14. The model rules for an incorporated association are in schedule 3. ˙ ‘ Application to register amendment of rules—Act, s 26A ‘ 14A. An application to amend the rules of an incorporated association must be given to the chief executive within 1 month after the special resolution to amend the rules is passed by the association.’. ˙ Amendment of s 16 (Incorporated association must keep specified records) 7. Section 16(4)(b), ‘section 40’— omit, insert— ‘section 31’. ˙ Amendment of s 18 (Return to accompany audited statement) 8. Section 18, ‘section 40(6)’— omit, insert— ‘section 31(6)’. ˙ Replacement of ss 22 and 23 9. Sections 22 and 23— omit, insert— ˙ ‘ Inspection of documents ‘ 22. A person may, on payment of the prescribed fee— (a) inspect a document required to be given to the chief executive under the Act; and (b) obtain an extract from, or a certified or uncertified copy of, the document.

s 10 8 s 10 Associations Incorporation Amendment (No. 2) No. 258, 1995 ˙ ‘ Numbering and renumbering of regulation ‘ 23. In the next reprint of this regulation produced under the Reprints Act1992 , the provisions of this regulation must be numbered and renumbered as permitted by the Reprints Act 1992 , section 43.’. ˙ Replacement of sch 1 (Fees) 10. Schedule 1— omit, insert— ‘ SCHEDULE 1 ‘ FEES section 4 ‘ 1. Application for incorporation of association, amalgamation of incorporated associations or transfer of incorporation of a friendly society . . . . . . . . . . . . . . . . . . 2. Application for registration of change of name . . . . . . . . 3. Certificate of incorporation . . . . . . . . . . . . . . . . . . . . . . . 4. Application to register an amendment of rules . . . . . . . . 5. Lodgment of annual return and audited financial statement 6. Additional fee for lodgment of return mentioned in item 5— (a) more than 1 month, but less than 2 months, late . . . (b) 2 months late or more . . . . . . . . . . . . . . . . . . . . . . . 7. Application for exemption from having ‘incorporated’ or ‘inc’ in an association’s name . . . . . . . . . . . . . . . . . . . . . 8. Application for approval to have an undesirable name for an association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Certified copy of a certificate of incorporation or certificate under section 64 of the Act. . . . . . . . . . . . . . . $ 40.00 20.50 20.50 10.50 20.50 20.50 30.00 20.50 20.50 12.50

s 10 9 s 10 Associations Incorporation Amendment (No. 2) No. 258, 1995 10. Inspection, for a particular incorporated association, of the registers and documents required to be given to the chief executive 11. Computer extract from the register . . . . . . . . . . . . . . . . . 12. Certified copy of, or extract from, a document required to be given to the chief executive—each page . . . . . . . . . . . 13. Uncertified copy of, or extract from, a document required to be given to the chief executive—each page . . . . . . . . . 4.00 12.50 3.00 2.00 ‘ SCHEDULE 1A ‘ UNDESIRABLE NAMES FOR INCORPORATED ASSOCIATIONS—GENERAL REFERENCES sections 9 and 11 PART 1 Word or phrase • building society • chamber of commerce • chamber of manufacturers • chartered • college of advanced education • cooperative • credit society • credit union • friendly society • futures exchange

s 10 10 s 10 Associations Incorporation Amendment (No. 2) No. 258, 1995 • guarantee • institute of advanced education • savings • stock exchange • trust • trustee • university PART 2 Column 1 Word or phrase Column 2 Agreement required Anzac bank, banker, banking, savings bank (or words having the same or similar meaning) Geneva Cross, Red Crescent, Red Cross, Red Lion and Sun United Nations Minister for Veterans’ Affairs (Cwlth) Treasurer (Cwlth) Minister for Defence (Cwlth) Minister for Foreign Affairs and Trade (Cwlth)

s 10 11 s 10 Associations Incorporation Amendment (No. 2) No. 258, 1995 ‘ SCHEDULE 1B ‘ UNDESIRABLE NAMES FOR INCORPORATED ASSOCIATIONS—OLYMPIC AND PARALYMPIC REFERENCES sections 10 and 12 PART 1 Phrase • Games City • Gold Games • Millennium Games • Share the Spirit • Summer Games • Sydney Games Column 1 olympic olympics olympiad olympian paralympic paralympics paralympian PART 2 Column 2 city gold games millennium summer Sydney two thousand 2000’.

s 11 12 s 11 Associations Incorporation Amendment (No. 2) No. 258, 1995 ˙ Amendment of sch 2 11.(1) Schedule 2, part A— omit. (2) Schedule 2, part B, headings— omit, insert— ‘ MATTERS TO BE PROVIDED FOR IN RULES section 13 PART 1—MATTERS WITHOUT EXAMPLES ’. (3) Schedule 2, as amended, section 3— omit, insert— ‘ 3. The classes of membership of the incorporated association, the conditions of entry to a class, whether membership of a class is limited or unlimited in numbers, how a class is limited (if at all) and additional limitations of rights for a class (for example, voting rights and eligibility for holding of office).’. (4) Schedule 2, as amended, section 8(e) to (h)— renumber as section 8(f) to (i). (5) Schedule 2, as amended, section 8(d)— omit, insert— ‘(d) how members of the management committee are removed from office; and (e) appeal rights of a member of the management committee if the member is removed from office;’. (6) Schedule 2, as amended, after section 16— insert—

s 12 13 s 12 Associations Incorporation Amendment (No. 2) No. 258, 1995 ‘ PART 2—MATTERS WITH EXAMPLES ‘ 1. The recording of minutes of proceedings of management committee meetings and general meetings and inspection of the minutes by financial members. Example—see model rule 24(1)(n). 2. The verification of the accuracy of the recording of minutes of meetings. Example—see model rule 24 (2) to (4). 3. The amendment or rescission of, or addition to, the rules of the incorporated association. Example—see model rule 26(1). 4. The validation of an amendment or rescission of, or addition to, the rules of the incorporated association. Example—see model rule 26(2). 5. The way the income and property of the incorporated association may be used. Example—see model rule 28(11).’. ˙ Amendment of sch 3 (Model rules) 12.(1) Schedule 3, section 3— omit, insert— ˙ ‘ Powers ‘ 3.(1) The association has, in the exercise of its affairs, all the powers of an individual. ‘ (2) The association may, for example— (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) make charges for services and facilities it supplies; and (d) do other things necessary or convenient to be done in carrying out its affairs.

s 12 14 s 12 Associations Incorporation Amendment (No. 2) No. 258, 1995 ‘ (3) The association may take over the funds and other assets and liabilities of the present unincorporated association known as the ‘ ’. ‘ (4) The association may also issue secured and unsecured notes, debentures and debenture stock for the association.’. (2) Schedule 3, after section 10— insert— ˙ ‘ Secretary ‘ 10A.(1) If the association has not elected an interim officer as secretary for the association before its incorporation, the members of the management committee must appoint or elect a secretary for the association within 14 days after incorporation. ‘ (2) If a vacancy happens in the office of secretary, the members of the management committee must appoint or elect a secretary within 14 days after the vacancy happens. ‘ (3) The secretary must be an individual residing in the State who is— (a) a member of the association elected by the association as secretary; or (b) a member of the association’s management committee appointed by the committee as secretary; or (c) appointed by the management committee as secretary (whether or not the individual is a member of the association). ‘ (4) The management committee may appoint and remove the secretary at any time.’. (3) Schedule 3, section 11(1), ‘secretary’— omit. (4) Schedule 3, section 12— insert— ‘ (3) There is no right of appeal against a member’s removal from office under this section.’. (5) Schedule 3, section 14(2)(b), from ‘to borrow’ to ‘long’—

s 12 15 s 12 Associations Incorporation Amendment (No. 2) No. 258, 1995 omit, insert— ‘to borrow amounts from members and to pay interest on the amounts borrowed’. (6) Schedule 3, section 14— insert— ‘ (3) For subsection (2)(b), the rate of interest must not be more than the rate for the time being charged for overdrawn accounts on money lent (whatever the term of the loan) by— (a) the financial institution for the association; or (b) if there is more than 1 financial institution for the association—the financial institution nominated by the association.’. (7) Schedule 3, section 15(1), ‘calendar month’— omit, insert— ‘2 calendar months’. (8) Schedule 3, section 15— insert— ‘ (1A) The management committee must decide how a meeting is to be called. ‘ (1B) Notice of a meeting is to be given in the way decided by the management committee.’. (9) Schedule 3, sections 19 and 20— omit, insert— ˙ ‘ First general meeting ‘ 19.(1) The first general meeting must be held not less than 1 month, and not more than 3 months, after the day the association is incorporated. ‘ (2) The management committee must decide where the meeting is to be held. ‘ (3) The business to be transacted at the first general meeting must include the appointment of an auditor.

s 12 16 s 12 Associations Incorporation Amendment (No. 2) No. 258, 1995 ˙ ‘ First annual general meeting ‘ 19A. The first annual general meeting must be held within 18 months after the day the association is incorporated. ˙ ‘ Subsequent annual general meetings ‘ 19B. Each subsequent annual general meeting must be held— (a) at least once each year; and (b) within 3 months after the end of the association’s previous financial year. ˙ ‘ Business to be transacted at annual general meeting ‘ 20. The following business must be transacted at every annual general meeting— (a) the receiving of the statement of income and expenditure, assets and liabilities and mortgages, charges and securities affecting the property of the association for the last financial year; (b) the receiving of the auditor’s report on the financial affairs of the association for the last financial year; (c) the presenting of the audited statement to the meeting for adoption; (d) the election of members of the management committee; (e) the appointment of an auditor.’. (10) Schedule 3, section 21, as heading— insert— ‘ Special general meeting ’. (11) Schedule 3, section 21(1), after ‘meeting’— insert— ‘by sending out notice of the meeting within 14 days of’. (12) Schedule 3, section 21(1)(a), ‘when’— omit, insert—

s 12 17 s 12 Associations Incorporation Amendment (No. 2) No. 258, 1995 ‘being’. (13) Schedule 3, section 21(1)(b), ‘on the requisition’— omit, insert— ‘being given a requisition’. (14) Schedule 3, section 21(1)(c), ‘on’— omit. (15) Schedule 3, section 21(2), ‘subrule (1)(b)’— omit, insert— ‘subsection (1)(b)’. (16) Schedule 3, section 22, as heading— insert— ‘ Quorum at general meeting ’. ‘ (17) Schedule 3, section 23, as heading— insert— ‘ Notice of general meeting ’. (18) Schedule 3, section 24, as heading— insert— ‘ Procedure at general meeting ’. (19) Schedule 3, section 26(2)— omit, insert— ‘ (2) However an amendment, rescission or addition is valid only if it is registered by the chief executive.’. (20) Schedule 3, section 28(9) and (10)— omit, insert— ‘ (9) If the association is incorporated within 3 months of the end of the association’s financial year, subsection (8) does not apply for the financial year the association is incorporated. ‘ (10) The auditor must examine the statement prepared under subsection (8) and present a report on it to the secretary before the next

s 12 18 s 12 Associations Incorporation Amendment (No. 2) No. 258, 1995 annual general meeting following the financial year for which the audit was made. ‘ (11) The income and property of the association must be used solely in promoting the association’s objects and exercising the association’s powers.’. (21) Schedule 3, section 30, ‘(31 December)’— omit, insert— ‘( insert date )’. (22) Schedule 3, section 31— omit, insert— ˙ ‘ Distribution of surplus assets to another entity ‘ 31.(1) This section applies if the association is wound-up under part 7 of the Act and there are surplus assets. ‘ (2) The surplus assets must not be distributed among the members but must be given to another entity— (a) that has objects similar to the association’s objects; and (b) the rules of which prohibit the distribution of the entity’s income and assets to its members. ‘ (3) In this section— “surplus assets” has the meaning given by section 47(3) of the Act.’. ENDNOTES 1. Made by the Governor in Council on 7 September 1995. 2. Notified in the gazette on 8 September 1995. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Office of Consumer Affairs. © State of Queensland 1995