Associations Incorporation (Prescribed Particulars) Regulations 2001 (Vic)

Associations Incorporation (Prescribed Particulars)

Regulations 2001

S.R. No. 69/2001

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Commencement	1
4.	Principal Regulations	2
5.	Amendment of objectives	2
6.	New Part 1A inserted	2
PART 1A—PARTICULARS	2

5A.	Particulars for application for incorporation	2
5B.	Particulars of certificate of incorporation	2
5C.	Particulars for application for incorporation by company,
co-operative, society etc.	3
5D.	Particulars for application for change of name	4
5E.	Particulars for appointment of public officer	5
5F.	Particulars for annual statement by public officer	5
5G.	Particulars for notice of special resolutions approving
amalgamation of incorporated associations	6
5H.	Particulars for application for incorporation as an
amalgamated incorporated association	7

7.	Accounting standards	7
8.	Revocation of regulation 15	8
9.	New Table of prescribed forms	8
10.	Substitution of regulation 27	8

27. Inspection of prescribed documents 8

11.	Prescribed particulars for penalty notice	9
12.	Substitution of Schedule 1	9
13.	Revocation of fee for application to bring land under the
Transfer of Land Act 1958	9
14.	Revocation of Forms	10
15.	Form 3—Application for recording in the register	10
16.	Form 5—Form of caveat	11
17.	Renumbering of prescribed forms	12

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Regulation Page

18. Prescribed offences 12

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ENDNOTES 13

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STATUTORY RULES 2001

S.R. No. 69/2001

Associations Incorporation Act 1981

Associations Incorporation (Prescribed Particulars)

Regulations 2001

The Governor in Council makes the following Regulations:
Dated: 17 July 2001

Responsible Minister:

MARSHA THOMSON

Minister for Consumer Affairs

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the Associations Incorporation Regulations 1998 to—

(a) prescribe certain particulars; and

(b) make other miscellaneous amendments.

2. Authorising provision

These Regulations are made under section 54 of the Associations Incorporation Act 1981.

3. Commencement

These Regulations come into operation on 30 July
2001.

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Regulations 2001

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4. Principal Regulations

In these Regulations, the Associations
Incorporation Regulations 19981 are called the

Principal Regulations.

5. Amendment of objectives

In regulation 1(d) of the Principal Regulations, after "prescribe" insert "particulars and".

6. New Part 1A inserted

After regulation 5 of the Principal Regulations

insert

"PART 1A—PARTICULARS

5A. Particulars for application for

incorporation

For the purposes of section 5 of the Act, the

prescribed particulars are

(a)	the registered address of the proposed incorporated association;
(b)

the name, address and contact public officer;

(c)	the number of members at the time of application;
(d)	the estimated gross annual revenue of the proposed incorporated association in its first financial year;
(e)	the value of the assets of the proposed incorporated association at the time of application.

5B. Particulars of certificate of incorporation

For the purposes of section 7 of the Act, the
prescribed particulars are

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(a)	the name of the incorporated association;
(b)	the registration number of the incorporated association;
(c)	the date on which the association was incorporated.

5C. Particulars for application for

incorporation by company, co-operative,

society etc.

For the purposes of section 10(3)(c) of the

Act, the prescribed particulars are

(a) the name of the company, co-operative, society, association, institution or body and if applicable, the Act or regulation under which it was incorporated,

formed or registered;

(b)	if the applicant company, co-operative, society, association, institution or body has a registration number or other
unique identifier, that number or identifier;
(c)	the registered address of the proposed incorporated association;
(d)	company, co-operative, society,

the number of members of the time of application;

(e) the gross annual revenue of the company, co-operative, society, association, institution or body in the

preceding financial year;

(f) the estimated gross annual revenue of the company, co-operative, society,

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association, institution or body in the current financial year;

(g)	the value of the assets of the company, co-operative, society, association, institution or body at the time of application;
(h)	manager or other officer of the applicant company, co-operative,

a statement by the director, secretary, declaring—

(i) approved or resolved in

that the application has been of the Act; and

(ii)  that the particulars contained in the application are true; and

(iii) paragraph (h). that the copies of the documents true copies;

(i) the signature of the person who made

5D. Particulars for application for change of

name

For the purposes of section 13 of the Act, the

prescribed particulars are

(a)	the name of the incorporated association;
(b)	the registration number of the incorporated association;
(c)	the proposed new name of the incorporated association;

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(d)	a statement made by the public officer declaring that the special resolution for the change of name was passed at a
general meeting of the incorporated association;
(e)	the date of the general meeting of the incorporated association;
(f)	the name and address of the public officer;

(g) the signature of the public officer.

5E. Particulars for appointment of public

officer

For the purposes of section 28 of the Act, the

prescribed particulars are

(a)	the name of the incorporated association;
(b)	the registration number of the incorporated association;
(c)	the telephone number of the public officer (if available);
(d)	the date of appointment of the public officer;

(e) the signature of the public officer.

5F. Particulars for annual statement by public

officer

For the purposes of section 30(4)(a) of the

Act, the prescribed particulars are

(a)	the name of the incorporated association;
(b)	the registration number of the incorporated association;

(c) the date of the annual general meeting;

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(d)	the financial year to which the statement refers;
(e)	the name and address of the public officer;
(f)	the number of members of the incorporated association at the end of the financial year;

(g) the signature of the public officer.

5G. Particulars for notice of special resolutions

approving amalgamation of incorporated
associations

For the purposes of the notice under section 31(3)(c) of the Act, the prescribed

particulars are

(a)	the name of the incorporated association to which the notice relates;
(b)

the registration number of the paragraph (a);

(c)	the date and place of the meeting where the special resolutions were passed;
(d)	a statement by the public officer declaring that special resolutions were

passed at the meeting approving

(i)  the terms of the amalgamation of the incorporated associations; and

(ii)

the statement of purposes of the incorporated association; and

(iii)

the proposed rules of the proposed association; and

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(e)

the name of the incorporated amalgamation;

(f)

details of the terms of the associations;

(g) the signature of the public officer.

5H. Particulars for application for

incorporation as an amalgamated
incorporated association

For the purposes of the application under section 31(3)(d)(iii) of the Act, the

prescribed particulars are

(a)	the names of the incorporated associations to be amalgamated;
(b)	the registration numbers of the incorporated associations to be amalgamated;
(c)	the registered addresses of the incorporated associations to be amalgamated;
(d)

the registered address of the by the amalgamation;

(e) the signatures of all the public officers of the incorporated associations to be amalgamated.".

7. Accounting standards

In regulation 7 of the Principal Regulations, for
"jointly by the" substitute "by the Australian
Accounting Research Foundation on behalf of
The".

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8. Revocation of regulation 15

Regulation 15 of the Principal Regulations is revoked.

9. New Table of prescribed forms

For the Table in regulation 26 of the Principal

Regulations substitute

"TABLE

Section of the Act	Number of
Form in

Description of Form Schedule 3

9(1)	Application for	12
recording in the Register
9(7)	Caveat against making of	13
recordings in the Register/creation of folio
37D	Inspector's notice to	14
produce documents, attend before an inspector and answer questions
37E	Acknowledgment of	15
consent to entry and search
50B	Penalty notice	16".

10. Substitution of regulation 27

For regulation 27 of the Principal Regulations
substitute—

"27. Inspection of prescribed documents

For the purposes of section 40(1)(b) of the
Act, the prescribed documents are those
documents lodged with the Registrar under
sections 4, 10(3), 13(3), 13A(2), 22(3),
28(1), 30(4), 31(3), 31AC and 33A(6) of the
Act.".

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11. Prescribed particulars for penalty notice

In regulation 28(3) of the Principal Regulations, for "Form 15" substitute "clause 1 of Form 16".

12. Substitution of Schedule 1

For Schedule 1 to the Principal Regulations

substitute

"SCHEDULE 1

PREPARATION OF FINANCIAL STATEMENTS

BY PRESCRIBED ASSOCIATIONS—

AUSTRALIAN ACCOUNTING STANDARDS

Australian Accounting Standard

Name of Australian

Number

Accounting Standard Issued

AAS 1

Statement of October 1999

Financial
Performance

AAS 4

Depreciation August 1997

AAS 5

Materiality September
1995

AAS 6

Accounting Policies March 1999

AAS 8

Events Occurring October 1997

After Reporting Date

AAS 15

Revenue June 1998

AAS 17

Leases October 1998

AAS 28

Statement of Cash October 1997

Flows

AAS 36

Statement of October 1999

Financial Position

AAS 38

Revaluation of	December
Non-Current Assets	1999".

13.  Revocation of fee for application to bring land under the Transfer of Land Act 1958

Associations Incorporation (Prescribed Particulars)

Regulations 2001 S.R. No. 69/2001

In Schedule 2 to the Principal Regulations, item 3 is revoked.

14. Revocation of Forms

In Schedule 3 to the Principal Regulations, revoked.

15. Form 3—Application for recording in the register In Schedule 3 to the Principal Regulations, for

Form 3 substitute

"FORM 12

Associations Incorporation Act 1981

Section 9(1)

APPLICATION FOR RECORDING IN THE

REGISTER

Lodged by:

Name: Phone: Address:

Reference:

Customer Code:

The incorporated association applies for a recording of vesting of the land in it under section 8(1) of the Associations Incorporation Act 1981. The registered proprietor of the land has not executed an instrument as directed by section 59 of the Transfer of Land Act 1958 giving effect to that vesting.

Land:  (volume and folio reference)

Incorporated association: (full name and address

including postcode)

Registered proprietor:	(full name)
Date:

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Signed by the applicant:

The common seal of (name of incorporated association) was affixed, in accordance with the provisions of its rules, in the presence of:".

16. Form 5—Form of caveat

In Schedule 3 to the Principal Regulations, for

Form 5 substitute

"FORM 13

Associations Incorporation Act 1981

Section 9(7)

CAVEAT AGAINST MAKING OF

RECORDINGS IN THE REGISTER/CREATION

OF FOLIO

Lodged by:
Name:
Phone:
Address:
Reference:

Customer Code:

*	The caveator claims the estate or interest specified in the land and forbids the making of recordings in the Register under section 9(1) of the Associations
Incorporation Act 1981.
*	The caveator claims the estate or interest specified in the land and forbids the bringing of the land under the operation of the Transfer of Land Act 1958.
Land:	(volume and folio reference)
Caveator:	(full name and address including postcode)

Estate or interest claimed:

Address in Victoria for service of notice: (include postcode)

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Date:

Signed:  (caveator, legal practitioner or agent)

*delete if inapplicable.".

17. Renumbering of prescribed forms

In Schedule 3 to the Principal Regulations—

(a)	in Form 12, for "FORM 12" substitute "FORM 14";
(b)	in Form 13, for "FORM 13" substitute "FORM 15";
(c)	in Form 15, for "FORM 15" substitute "FORM 16".

18. Prescribed offences

In Schedule 4 to the Principal Regulations, in Part 2,
after item 3 insert

"3A	30(8)	Failure by incorporated	1
association to comply with the provisions of section 30".

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Associations Incorporation (Prescribed Particulars)
Regulations 2001

Endnotes

S. R. No. 69/2001

ENDNOTES

1 Reg. 4: S.R. No. 103/1998.

Table of Applied, Adopted or Incorporated Matter Required by

Subordinate Legislation Regulations 1994

Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the Subordinate

Legislation Regulations 1994.

Statutory Rule	Title of applied, adopted or	Matter in
Provision	incorporated document	applied, adopted or incorporated document
Regulation 7 and	Australian Accounting	The whole
Schedule 1	Standard AAS 1—Statement of Financial Performance—issued by the Australian Accounting
Research Foundation in October 1999.
Australian Accounting	The whole
Standard AAS 4— Depreciation—issued by the Australian Accounting Research Foundation in August 1997.
Australian Accounting	The whole
Standard AAS 5— Materiality—issued by the Australian Accounting Research Foundation in September 1995.
Australian Accounting	The whole
Standard AAS 6—Accounting Policies—issued by the Australian Accounting Research Foundation in March 1999.

Associations Incorporation (Prescribed Particulars)

Regulations 2001 S.R. No. 69/2001

ENDNOTES—continued

Statutory Rule	Title of applied, adopted or	Matter in
Provision	incorporated document	applied, adopted or incorporated document
Australian Accounting	The whole
Standard AAS 8—Events Occurring After Reporting Date—issued by the Australian
Accounting Research Foundation in October 1997.
Australian Accounting	The whole
Standard AAS 15—Revenue— issued by the Australian Accounting Research Foundation in June 1998.
Australian Accounting	The whole
Standard AAS 17—Leases— issued by the Australian Accounting Research Foundation in October 1998.
Australian Accounting	The whole
Standard AAS 28—Statement of Cash Flows—issued by the Australian Accounting
Research Foundation in October 1997.
Australian Accounting	The whole
Standard AAS 36—Statement of Financial Position—issued by the Australian Accounting Research Foundation in
October 1999.
Australian Accounting	The whole
Standard AAS 38— Revaluation of Non-Current Assets—issued by the Australian Accounting Research Foundation in December 1999.