Associations Incorporation Amendment Regulations 2003 (WA)

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3 June 2003 GOVERNMENT GAZETTE, WA 1977
CE301*
Associations Incorporation Act 1987

Associations Incorporation Amendment
Regulations 2003

Made by the Governor in Executive Council.
1.            Citation

These regulations may be cited as the Associations
Incorporation Amendment Regulations 2003.
2.            The regulations amended

The amendment in these regulations is to the Associations
Incorporation Regulations 1988*.
[* Reprinted as at 11 October 2002.]
3.             Regulation 6 replaced
Regulation 6 is repealed and the following regulation is inserted instead —

incorporated association;

44
6. Applied provisions — voluntary winding up

(1) The voluntary winding up of an incorporated
association under section 30 of the Act is declared to
be an applied Corporations legislation matter for the
purposes of Part 3 of the Corporations (Ancillary
Provisions) Act 2001 in relation to Parts 5.5 and 5.6 of
the Corporations Act other than sections 491, 496
to 500, 507, 514 to 529, 580 and 581.
(2) The following modifications to the text of Parts 5.5
and 5.6 of the Corporations Act apply for the purposes
of subregulation (1) —
(a) a reference to the constitution of a company is
to be read as a reference to the rules of an

1978

GOVERNMENT GAZETTE, WA

3 June 2003

(b)

a reference to a special resolution is to be read as a reference to a special resolution within the meaning of the Act;

(c)

a reference to an officer, or a past officer, of a company is to be read as a reference to a member, or a past member, of the committee of an association;

(d)

a reference to a contributory of a company is to be read as a reference to a member of an association;

(e)

a reference to the registered office of an incorporated association is to be read as a reference to the place where the secretary of an incorporated association resides;
(1) a reference to a company carrying on its
business or having a place of business is to be
read as a reference to an incorporated
association pursuing its objects or purposes;

(g) a reference to the deregistration of a company
is to be read as a reference to the winding up of
an incorporated association.

(3) Section 501 of the Corporations Act, as applied
because of this regulation, is not to be read as
authorising the distribution of surplus property of an
incorporated association to its members.
(4) In addition to any person qualified to act as the
liquidator of a company under Parts 5.5 and 5.6 of the
Corporations Act, as applied because of this regulation,
a person in respect of whom an approval is in force
under regulation 7 may be appointed, and may act as,
liquidator of an incorporated association to which the
approval relates.

(5) Subregulation (4) applies despite section 532 of the
Corporations Act as applied because of this regulation.

By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.

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Associations Incorporation Amendment Regulations 2003 (WA)

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(1)	The voluntary winding up of an incorporated association under section 30 of the Act is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to Parts 5.5 and 5.6 of the Corporations Act other than sections 491, 496 to 500, 507, 514 to 529, 580 and 581.
(2)	The following modifications to the text of Parts 5.5 and 5.6 of the Corporations Act apply for the purposes of subregulation (1) —

(b)	a reference to a special resolution is to be read as a reference to a special resolution within the meaning of the Act;
(c)	a reference to an officer, or a past officer, of a company is to be read as a reference to a member, or a past member, of the committee of an association;
(d)	a reference to a contributory of a company is to be read as a reference to a member of an association;
(e)	a reference to the registered office of an incorporated association is to be read as a reference to the place where the secretary of an incorporated association resides;

(3)	Section 501 of the Corporations Act, as applied because of this regulation, is not to be read as authorising the distribution of surplus property of an incorporated association to its members.
(4)	In addition to any person qualified to act as the liquidator of a company under Parts 5.5 and 5.6 of the Corporations Act, as applied because of this regulation, a person in respect of whom an approval is in force under regulation 7 may be appointed, and may act as, liquidator of an incorporated association to which the approval relates.