Associations Incorporation Regulation 1991 (ACT)
Associations Incorporation Regulation 1991 (repealed)
SL1991-31
made under the
Associations Incorporation Act 1991
Republication No 14
Effective: 1 February 2024
Republication date: 1 February 2024
As repealed by SL2023‑25 s 6
About this republication
The republished law
This is a republication of the Associations Incorporation Regulation 1991 (repealed), made under the Associations Incorporation Act 1991, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 February 2024.
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 Regulation 1991 (repealed)
made under the
Associations Incorporation Act 1991
Contents
Page
Part 1 Preliminary
1 Name of regulation 2
Part 2 Information for completion of forms and other documents
3 Particulars required by forms 3
4 General requirements for documents 3
5 Annexures accompanying forms 4
6 Signatures on documents 5
7 Time for lodging documents 5
8 Affidavits and statements in writing 5
9 Verification of a document 6
Part 3 Miscellaneous
11 Copies of documents required under Act, s 73 7
14 Rate of commission 7
15 Model rules 7
Schedule 1 Model rules 8
Part 1.1 Preliminary 10
1 Definitions for model rules 10
1A Application of Legislation Act 2001 10
Part 1.2 Membership 11
2 Membership qualifications 11
3 Nomination for membership 11
4 Membership entitlements not transferable 12
5 Cessation of membership 12
6 Resignation of membership 12
7 Fee, subscriptions etc 13
8 Members’ liabilities 13
9 Disciplining of members 13
10 Right of appeal of disciplined member 15
Part 1.3 Committee 17
11 Powers of committee 17
12Constitution and membership 17
13 Election of committee members 18
14 Secretary 19
15 Treasurer 19
16 Vacancies 19
17 Removal of committee members 20
18 Committee meetings and quorum 20
19 Delegation by committee to subcommittee 22
20 Voting and decisions 23
Part 1.4 General meetings 24
21 Annual general meetings—holding of 24
22 Annual general meetings—calling of and business at 24
23 General meetings—calling of 25
24 Notice 26
24A General meetings—virtual attendance 26
25 General meetings—procedure and quorum 27
26 Presiding member 27
27 Adjournment 28
28 Making of decisions 28
29 Voting 29
30 Appointment of proxies 30
Part 1.5 Miscellaneous 31
31 Funds—source 31
32 Funds—management 31
33 Alteration of objects and rules 31
34 Common seal 31
35 Custody of books 32
36 Inspection of books 32
37 Service of notice 32
38 Surplus property 32
Appendix 1. 33
Appendix 2. 34
Endnotes
1 About the endnotes 35
2 Abbreviation key 35
3 Legislation history 36
4 Amendment history 39
5 Earlier republications 41
Associations Incorporation Regulation 1991 (repealed)
made under the
Associations Incorporation Act 1991
Part 1Preliminary
Name of regulation
This regulation is the Associations Incorporation Regulation 1991.
Part 2Information for completion of forms and other documents
Particulars required by forms
If an approved form requires—
(a)the giving of a document; or
(b)the giving of information—
(i)by completing the form in a specified way; or
(ii)by supplying or completing another document;
that document or information is taken to be the document or information required for the provision of the Act for which the relevant form has been approved by the registrar-general.
General requirements for documents
Unless the registrar-general otherwise approves, a document submitted for lodgment with the registrar-general must—
(a)be on paper of medium weight and good quality and of international sheet size A4; and
(b)be clearly printed, written or otherwise produced in a way that is permanent and will make possible a reproduction by photographic means that is satisfactory to the registrar-general; and
(c)not be a carbon copy, or a copy reproduced by any spirit duplication method; and
(d)have margins of not less than 25mm on the left-hand side and not less than 13mm on the right-hand side; and
(e)if it comprises 2 or more sheets—be fastened together securely in the top left-hand corner; and
(f)specify on the first sheet of the document—
(i)the name of the association, proposed association or incorporated association; and
(ii)the registration number (if any) of the association to which the document relates; and
(iii)the title of the document; and
(iv)the name, address and telephone number of the person by whom, or on whose behalf, the document was submitted for lodgment; and
NoteA person may ask the registrar-general to keep their address confidential (see Act, s 13A (2)).
(v)the words ‘lodged with the registrar-general’.
Annexures accompanying forms
(1)If the space provided for a particular purpose in an approved form is insufficient to contain all the required information in relation to a particular item, that information must be set out in a document annexed to the form.
(2)An annexure to an approved form must have an identifying mark and be endorsed with the following words, appropriately completed and signed by each person signing the form to which the document is annexed:
This annexure of (insert number of pages) .......... page(s) is the annexure marked (insert an identifying mark) .......... referred to in the (insert a description of the form) .......... signed by (insert ‘me’ or ‘us’) and dated (insert the date of signing) ..........
........................
(Signature(s)
(3)The pages in an annexure must be numbered consecutively.
(4)If a document is annexed to an approved form, reference made in the form to the annexure must be by its identifying mark and the number of pages.
(5)In this section, a reference to an annexure includes a reference to a document, copy of a document, or any other matter accompanying, attached to or annexed to an approved form.
Signatures on documents
(1)Unless this regulation states otherwise, a document relating to an incorporated association that is required to be lodged by, or on behalf of, the association or lodged by the public officer of the association, must be signed by the public officer of the association or by a member of the committee of the association who has been authorised by the committee for the purpose.
(2)The name of a person signing a document that is lodged with the registrar-general for the Act must be legibly written in block letters under or beside the signature of the person.
Time for lodging documents
If a document is required to be lodged with the registrar-general and a period of time within which the document is to be lodged is not provided for, the document must be lodged within 1 month, or within any further period the registrar-general allows, after the happening of the event to which the document relates.
Affidavits and statements in writing
(1)An affidavit or written statement must be sworn or made on behalf of an association, by a member of the committee who has been authorised by the committee for that purpose or by the public officer of the association.
(2)If an affidavit is sworn at a place outside the ACT, the affidavit is sufficient if it appears to be sworn in accordance with the requirements of the law of that place.
Verification of a document
For the Act, section 127 (4), a document relating to an incorporated association that is to be verified must be verified by a written statement signed by—
(a)a member of the committee of the association who has been authorised by the committee for that purpose or the public officer of the association, being a person who is resident in the ACT; or
(b)its agent or, if its agent is an association, by a member of the committee of that association who has been authorised by that committee, being a person who is resident in the ACT.
Part 3Miscellaneous
Copies of documents required under Act, s 73
For the Act, section 73 (2), the prescribed number of copies is 100.
Rate of commission
For the Act, section 95 (3), the commission payable is an amount calculated at the rate of 5%.
Model rules
For the Act, section 127 (2) (a), the provisions set out in schedule 1 are prescribed as model rules for the Act.
Schedule 1Model rules
(see s 15)
Contents
Page
Part 1.1 Preliminary
Definitions for model rules 10
1A Application of Legislation Act 2001 10
Part 1.2 Membership
Membership qualifications 11
Nomination for membership 11
Membership entitlements not transferable 12
Cessation of membership 12
Resignation of membership 12
Fee, subscriptions etc 13
Members’ liabilities 13
Disciplining of members 13
Right of appeal of disciplined member 16
Part 1.3 Committee
Powers of committee 17
Constitution and membership 17
Election of committee members 18
Secretary 19
Treasurer 19
Vacancies 19
Removal of committee members 20
Committee meetings and quorum 20
Delegation by committee to subcommittee 22
Voting and decisions 23
Part 1.4 General meetings
Annual general meetings—holding of 24
Annual general meetings—calling of and business at 24
General meetings—calling of 25
Notice 26
24A General meetings—virtual attendance 26General meetings—procedure and quorum 27
Presiding member 27
Adjournment 28
Making of decisions 28
Voting 29
Appointment of proxies 30
Part 1.5 Miscellaneous
Funds—source 31
Funds—management 31
Alteration of objects and rules 31
Common seal 31
Custody of books 32
Inspection of books 32
Service of notice 32
Surplus property 32
Appendix 1 33
Appendix 2 34
Part 1.1Preliminary
Definitions for model rules
In these rules:
NoteA definition applies except so far as the contrary intention appears (see Legislation Act, s 155).
financial year means the year ending on 30 June.
member means a member, however described, of the association.
ordinary committee member means a member of the committee who is not an office-bearer of the association as mentioned in section 12 (1) (a).
secretary means the person holding office under these rules as secretary of the association or, if no such person holds that office, the public officer of the association.
the Act means the Associations Incorporation Act 1991.
the regulation means the Associations Incorporation Regulation 1991.
1AApplication of Legislation Act 2001
The Legislation Act 2001 applies to these rules in the same way as it would if they were an instrument made under the Act.
Part 1.2Membership
Membership qualifications
A person is qualified to be a member if—
(a)the person is a person mentioned in the Act, section 21 (2) (a) or (b) and has not ceased to be a member of the association at any time after incorporation of the association under the Act; or
(b)the person—
(i)has been nominated for membership in accordance with section 3 (1); and
(ii)has been approved for membership of the association by the committee of the association.
Nomination for membership
(1)A nomination of a person for membership of the association—
(a)must be made by a member of the association in writing in the form set out in appendix 1; and
(b)must be lodged with the secretary of the association.
(2)As soon as is practicable after receiving a nomination for membership, the secretary must refer the nomination to the committee which must decide whether to approve or to reject the nomination.
(3)If the committee decides to approve a nomination for membership, the secretary must as soon as practicable after that decision notify the nominee of that approval and request the nominee to pay within 28 days after receipt of the notification the sum payable under these rules by a member as the entrance fee and the first year’s annual subscription.
(4)The secretary must, on payment by the nominee of the amounts mentioned in subsection (3) within the period mentioned in that subsection, enter the nominee’s name in the register of members and, on the name being so entered, the nominee becomes a member of the association.
Membership entitlements not transferable
A right, privilege or obligation that a person has because of being a member of the association—
(a)cannot be transferred or transmitted to another person; and
(b)terminates on cessation of the person’s membership.
Cessation of membership
A person ceases to be a member of the association if the person—
(a)dies or, for a corporation, is wound up; or
(b)resigns from membership of the association; or
(c)is expelled from the association; or
(d)fails to renew membership of the association.
Resignation of membership
(1)A member is not entitled to resign from membership of the association except in accordance with this section.
(2)A member who has paid all amounts payable by the member to the association may resign from membership of the association by first giving notice (of not less than 1 month or, if the committee has determined a shorter period, that shorter period) in writing to the secretary of the member’s intention to resign and, at the end of the period of notice, the member ceases to be a member.
(3)If a person ceases to be a member, the secretary must make an appropriate entry in the register of members recording the date the member ceased to be a member.
Fee, subscriptions etc
(1)The entrance fee to the association is $1 or, if any other amount has been determined by resolution of the committee, the other amount.
(2)The annual membership fee of the association is $2 or, if any other amount has been determined by resolution of the committee, that other amount.
(3)The annual membership fee is payable—
(a)except as provided by paragraph (b)—before 1 July in each calendar year; or
(b)if a person becomes a member on or after 1 July in any calendar year—before 1 July in each succeeding calendar year.
Members’ liabilities
The liability of a member to contribute towards the payment of the debts and liabilities of the association or the costs, charges and expenses of the winding up of the association is limited to the amount (if any) unpaid by the member in relation to membership of the association as required by section 7.
Disciplining of members
(1)If the committee is of the opinion that a member—
(a)has persistently refused or neglected to comply with a provision of these rules; or
(b)has persistently and wilfully acted in a manner prejudicial to the interests of the association;
the committee may, by resolution—
(c)expel the member from the association; or
(d)suspend the member from the rights and privileges of membership of the association that the committee may decide for a specified period.
(2)A resolution of the committee under subsection (1) is of no effect unless the committee, at a meeting held not earlier than 14 days and not later than 28 days after service on the member of a notice under subsection (3), confirms the resolution in accordance with this section.
(3)If the committee passes a resolution under subsection (1), the secretary must, as soon as practicable, serve a written notice on the member—
(a)setting out the resolution of the committee and the grounds on which it is based; and
(b)stating that the member may address the committee at a meeting to be held not earlier than 14 days and not later than 28 days after service of the notice; and
(c)stating the date, place and time of that meeting; and
(d)informing the member that the member may do either or both of the following:
(i)attend and speak at that meeting;
(ii)submit to the committee at or before the date of that meeting written representations relating to the resolution.
(4)Subject to the Act, section 50, at a meeting of the committee mentioned in subsection (2), the committee must—
(a)give to the member mentioned in subsection (1) an opportunity to make oral representations; and
(b)give due consideration to any written representations submitted to the committee by that member at or before the meeting; and
(c)by resolution decide whether to confirm or to revoke the resolution of the committee made under subsection (1).
(5)If the committee confirms a resolution under subsection (4), the secretary must, within 7 days after that confirmation, by written notice inform the member of that confirmation and of the member’s right of appeal under section 10.
(6)A resolution confirmed by the committee under subsection (4) does not take effect—
(a)until the end of the period within which the member is entitled to appeal against the resolution if the member does not exercise the right of appeal within that period; or
(b)if within that period the member exercises the right of
appeal—unless and until the association confirms the resolution in accordance with section 10 (4).
Right of appeal of disciplined member
(1)A member may appeal to the association in general meeting against a resolution of the committee that is confirmed under section 9 (4), within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.
(2)On receipt of a notice under subsection (1), the secretary must notify the committee which must call a general meeting of the association to be held within 21 days after the date when the secretary received the notice or as soon as possible after that date.
(3)Subject to the Act, section 50, at a general meeting of the association called under subsection (2)—
(a)no business other than the question of the appeal may be transacted; and
(b)the committee and the member must be given the opportunity to make representations in relation to the appeal orally or in writing, or both; and
(c)the members present must vote by secret ballot on the question of whether the resolution made under section 9 (4) should be confirmed or revoked.
(4)If the meeting passes a special resolution in favour of the confirmation of the resolution made under section 9 (4), that resolution is confirmed.
Part 1.3Committee
Powers of committee
The committee, subject to the Act, the regulation, these rules, and to any resolution passed by the association in general meeting—
(a)controls and manages the affairs of the association; and
(b)may exercise all functions that may be exercised by the association other than those functions that are required by these rules to be exercised by the association in general meeting; and
(c)has power to perform all acts and do all things that appear to the committee to be necessary or desirable for the proper management of the affairs of the association.
Constitution and membership
(1)The committee consists of—
(a)the office-bearers of the association; and
(b)3 ordinary committee members;
each of whom must be elected under section 13 or appointed in accordance with subsection (4).
(2)The office-bearers of the association are—
(a)the president; and
(b)the vice-president; and
(c)the treasurer; and
(d)the secretary.
(3)Each member of the committee holds office, subject to these rules, until the conclusion of the annual general meeting following the date of the member’s election, but is eligible for re-election.
(4)If there is a vacancy in the membership of the committee, the committee may appoint a member of the association to fill the vacancy and the member so appointed holds office, subject to these rules, until the conclusion of the next annual general meeting after the date of the appointment.
Election of committee members
(1)Nominations of candidates for election as office-bearers of the association or as ordinary committee members—
(a)must be made in writing, signed by 2 members of the association and accompanied by the written consent of the candidate (which may be endorsed on the nomination form); and
(b)must be given to the secretary of the association not less than 7 days before the date fixed for the annual general meeting at which the election is to take place.
(2)If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated are taken to be elected and further nominations may be received at the annual general meeting.
(3)If insufficient further nominations are received, any vacant positions remaining on the committee are taken to be vacancies.
(4)If the number of nominations received is equal to the number of vacancies to be filled, the people nominated are taken to be elected.
(5)If the number of nominations received exceeds the number of vacancies to be filled, a ballot must be held.
(6)The ballot for the election of office-bearers and ordinary committee members must be conducted at the annual general meeting in the way the committee may direct.
(7)A person is not eligible to simultaneously hold more than 1 position on the committee.
Secretary
(1)The secretary of the association must, as soon as practicable after being appointed as secretary, notify the association of his or her address.
(2)The secretary must keep minutes of—
(a)all elections and appointments of office-bearers and ordinary committee members; and
(b)the names of members of the committee present at a committee meeting or a general meeting; and
(c)all proceedings at committee meetings and general meetings.
(3)Minutes of proceedings at a meeting must be signed by the person presiding at the meeting or by the person presiding at the next succeeding meeting.
Treasurer
(1)The treasurer of the association must—
(a)collect and receive all amounts owing to the association and make all payments authorised by the association; and
(b)keep correct accounts and books showing the financial affairs of the association with full details of all receipts and expenditure connected with the activities of the association.
Vacancies
For these rules, a vacancy in the office of a member of the committee happens if the member—
(a)dies; or
(b)ceases to be a member of the association; or
(c)resigns the office; or
(d)is removed from office under section 17 (Removal of committee members); or
(e)suffers from mental or physical incapacity; or
(f)is disqualified from office under the Act, section 63 or section 63B; or
(g)is subject to a disqualification order under the Act, section 63A; or
(h)is absent without the consent of the committee from all meetings of the committee held during a period of 6 months.
Removal of committee members
The association in general meeting may by resolution, subject to the Act, section 50, remove any member of the committee from the office of member of the committee before the end of the member’s term of office.
Committee meetings and quorum
(1)The committee must meet at least 3 times in each calendar year at the place and time that the committee may decide.
(2)Additional meetings of the committee may be called by any member of the committee.
(3)The committee may, by resolution, decide to hold a committee meeting using a method of communication, or a combination of methods of communication, that allows a committee member taking part to hear or otherwise know what each other committee member taking part says without the members being in each other’s presence.
Examples—methods of communication
video conferencing software, instant messaging, telephone conferencing
(4)A committee member who takes part in a committee meeting conducted under subsection (3) is taken, for all purposes, to be present at the meeting.
(5)Oral or written notice of a meeting of the committee must be given by the secretary to each member of the committee at least 48 hours (or any other period that may be unanimously agreed on by the members of the committee) before the time appointed for the holding of the meeting.
(6)Notice of a meeting given under subsection (5) must specify the general nature of the business to be transacted at the meeting and no business other than that business may be transacted at the meeting, except business that the committee members present at the meeting unanimously agree to treat as urgent business.
(7)Any 3 members of the committee constitute a quorum for the transaction of the business of a meeting of the committee.
(8)No business may be transacted by the committee unless a quorum is present and, if within half an hour after the time appointed for the meeting a quorum is not present, the meeting stands adjourned to the same place and at the same hour of the same day in the following week.
(9)If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the meeting, the meeting is dissolved.
(10)At meetings of the committee—
(a)the president or, in the absence of the president, the vice-president presides; or
(b)if the president and the vice-president are absent—1 of the remaining members of the committee may be chosen by the members present to preside.
Delegation by committee to subcommittee
(1)The committee may, in writing, delegate to 1 or more subcommittees (consisting of the member or members of the association that the committee considers appropriate) the exercise of the functions of the committee that are specified in the instrument, other than—
(a)this power of delegation; and
(b)a function that is a function imposed on the committee by the Act, by any other Territory law, or by resolution of the association in general meeting.
(2)A function, the exercise of which has been delegated to a subcommittee under this section may, while the delegation remains unrevoked, be exercised from time to time by the subcommittee in accordance with the terms of the delegation.
(3)A delegation under this section may be made subject to any conditions or limitations about the exercise of any function, or about time or circumstances, that may be specified in the instrument of delegation.
(4)Despite any delegation under this section, the committee may continue to exercise any function delegated.
(5)Any act or thing done or suffered by a subcommittee acting in the exercise of a delegation under this section has the same force and effect as it would have if it had been done or suffered by the committee.
(6)The committee may, in writing, revoke wholly or in part any delegation under this section.
(7)A subcommittee may meet and adjourn as it considers appropriate.
Voting and decisions
(1)Questions arising at a meeting of the committee or of any subcommittee appointed by the committee are decided by a majority of the votes of members of the committee or subcommittee present at the meeting.
(2)Each member present at a meeting of the committee or of any subcommittee appointed by the committee (including the person presiding at the meeting) is entitled to 1 vote but, if the votes on any question are equal, the person presiding may exercise a second or casting vote.
Part 1.4General meetings
Annual general meetings—holding of
(1)With the exception of the first annual general meeting of the association, the association must, at least once in each calendar year and within 5 months after the end of each financial year of the association, call an annual general meeting of its members.
(2)The association must hold its first annual general meeting—
(a)within 18 months after its incorporation under the Act; and
(b)within 5 months after the end of the first financial year of the association.
(3)Subsections (1) and (2) have effect subject to the powers of the registrar-general under the Act, section 120 in relation to extensions of time.
Annual general meetings—calling of and business at
(1)The annual general meeting of the association must, subject to the Act, be called on the date and at the place and time that the committee considers appropriate.
(2)In addition to any other business that may be transacted at an annual general meeting, the business of an annual general meeting is—
(a)to confirm the minutes of the last annual general meeting and of any general meeting held since that meeting; and
(b)to receive from the committee reports on the activities of the association during the last financial year; and
(c)to elect members of the committee, including office-bearers; and
(d)to receive and consider the statement of accounts and the reports that are required to be submitted to members under the Act, section 73 (1).
(3)An annual general meeting must be specified as such in the notice calling it in accordance with section 24 (Notice).
(4)An annual general meeting must be conducted in accordance with the provisions of this part.
General meetings—calling of
(1)The committee may, whenever it considers appropriate, call a general meeting of the association.
(2)The committee must, on the requisition in writing of not less than 5% of the total number of members, call a general meeting of the association.
(3)A requisition of members for a general meeting—
(a)must state the purpose or purposes of the meeting; and
(b)must be signed by the members making the requisition; and
(c)must be lodged with the secretary; and
(d)may consist of several documents in a similar form, each signed by 1 or more of the members making the requisition.
(4)If the committee fails to call a general meeting within 1 month after the date when a requisition of members for the meeting is lodged with the secretary, any 1 or more of the members who made the requisition may call a general meeting to be held not later than 3 months after that date.
(5)A general meeting called by a member or members mentioned in subsection (4) must be called as nearly as is practicable in the same way as general meetings are called by the committee and any member who thereby incurs expense is entitled to be reimbursed by the association for any reasonable expense so incurred.
Notice
(1)Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary must, at least 14 days before the date fixed for the holding of the general meeting, send by prepaid post to each member at the member’s address appearing in the register of members, a notice specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.
(2)If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary must, at least 21 days before the date fixed for the holding of the general meeting, send notice to each member in the way provided in subsection (1) specifying, in addition to the matter required under that subsection, the intention to propose the resolution as a special resolution.
(3)No business other than that specified in the notice calling a general meeting may be transacted at the meeting except, for an annual general meeting, business that may be transacted under section 22 (2).
(4)A member desiring to bring any business before a general meeting may give written notice of that business to the secretary who must include that business in the next notice calling a general meeting given after receipt of the notice from the member.
24AGeneral meetings—virtual attendance
(1)A general meeting may be held using a method of communication, or a combination of methods of communication, that allows a member taking part to hear or otherwise know what each other member taking part says without the members being in each other’s presence if—
(a)the committee decides, by resolution, to hold the meeting using the method of communication; or
(b)for a meeting called on the written requisition of members—the written requisition requests that the meeting be held using the method of communication.
Examples—methods of communication
video conferencing software, instant messaging, telephone conferencing
(2)A member who takes part in a general meeting conducted under subsection (1) is taken, for all purposes, to be present at the meeting.
General meetings—procedure and quorum
(1)No item of business may be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time the meeting is considering that item.
(2)Five members present at the meeting (who are entitled under these rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.
(3)If within 30 minutes after the appointed time for the start of a general meeting a quorum is not present, the meeting if called on the requisition of members is dissolved and in any other case stands adjourned to the same day in the following week at the same time and (unless another place is specified at the time of adjournment by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is adjourned) at the same place.
(4)If at the adjourned meeting a quorum is not present within 30 minutes after the time appointed for the start of the meeting, the members present (being not less than 3) constitute a quorum.
Presiding member
(1)The president, or in the absence of the president, the vice-president, presides at each general meeting of the association.
(2)If the president and the vice-president are absent from a general meeting, the members present must elect 1 of their number to preside at the meeting.
Adjournment
(1)The person presiding at a general meeting at which a quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meeting from time to time and place to place, but no business may be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
(2)If a general meeting is adjourned for 14 days or more, the secretary must give written or oral notice of the adjourned meeting to each member of the association stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
(3)Except as provided in subsections (1) and (2), notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given.
Making of decisions
(1)A question arising at a general meeting of the association is to be decided using a relevant voting method and, unless before or when the question is decided using the relevant voting method a poll is demanded, a declaration by the person presiding that a resolution has, using a relevant voting method, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minute book of the association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.
(2)At a general meeting of the association, a poll may be demanded by the person presiding or by not less than 3 members present or voting by proxy at the meeting.
(3)If the poll is demanded at a general meeting, the poll must be taken—
(a)immediately if the poll relates to the election of the person to preside at the meeting or to the question of an adjournment; or
(b)in any other case—in the way and at the time before the close of the meeting that the person presiding directs, and the resolution of the poll on the matter is taken to be the resolution of the meeting on that matter.
(4)In this section:
relevant voting method means a vote taken orally, in writing or by a show of hands.
Voting
(1)Subject to subsection (3), on any question arising at a general meeting of the association a member has 1 vote only.
(2)All votes must be given personally or by proxy but no member may hold more than 5 proxies.
(3)If the votes on a question at a general meeting are equal, the person presiding is entitled to exercise a second or casting vote.
(4)A member or proxy is not entitled to vote at any general meeting of the association unless all money due and payable by the member or proxy to the association has been paid, other than the amount of the annual subscription payable for the then current year.
(5)For this section, voting personally includes voting while taking part in a general meeting conducted using a method of communication, or a combination of methods of communication, that allows a member taking part to hear or otherwise know what each other member taking part says without the members being in each other’s presence.
Appointment of proxies
(1)Each member is entitled to appoint another member as proxy by notice given to the secretary no later than 24 hours before the time of the meeting for which the proxy is appointed.
(2)The notice appointing the proxy must be in the form set out in appendix 2.
Part 1.5Miscellaneous
Funds—source
(1)The funds of the association must be derived from entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the association in general meeting and subject to the Act, section 114, any other sources that the committee decides.
(2)All money received by the association must be deposited as soon as practicable and without deduction to the credit of the association’s bank account.
(3)The association must, as soon as practicable after receiving any money, issue an appropriate receipt.
Funds—management
(1)Subject to any resolution passed by the association in general meeting, the funds of the association must be used for the objects of the association in the way that the committee decides.
(2)All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by any 2 members of the committee or employees of the association, being members of the committee or employees authorised to do so by the committee.
Alteration of objects and rules
Neither the objects of the association mentioned in the Act, section 29 nor these rules may be altered except in accordance with the Act.
Common seal
(1)The common seal of the association must be kept in the custody of the secretary.
(2)The common seal must not be attached to any instrument except by the authority of the committee and the attaching of the common seal must be attested by the signatures either of 2 members of the committee or of 1 member of the committee and of the secretary.
Custody of books
Subject to the Act, the regulation and these rules, the secretary must keep in his or her custody or under his or her control all records, books, and other documents relating to the association.
Inspection of books
The records, books and other documents of the association must be open to inspection at a place in the ACT, free of charge, by a member of the association at any reasonable hour.
Service of notice
For these rules, the association may serve a notice on a member by sending it by post to the member at the member’s address shown in the register of members.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
Surplus property
(1)At the first general meeting of the association, the association must pass a special resolution nominating—
(a)another association for the Act, section 92 (1) (a); or
(b)a fund, authority or institution for the Act, section 92 (1) (b);
in which it is to vest its surplus property in the event of the dissolution or winding up of the association.
(2)An association nominated under subsection (1) (a) must fulfil the requirements specified in the Act, section 92 (2).
Appendix 1 .
(see s 3 (1))
Application for membership of association
..................................................................................................................... Incorporated (incorporated under the Associations Incorporation Act 1991) I, ......................................................................................................................
(full name of applicant)
of .....................................................................................................................
(address)
..................................................................................apply to become
(occupation)
a member of the incorporated association. If I am admitted as a member, I agree to be bound by the rules of the association for the time being in force.
.......................................
(Signature of applicant)
Date ................................
I, .....................................................................................................................
(full name)
a member of the association, nominate the applicant, who is personally known to me, for the membership of the association.
.......................................
(Signature of proposer)
Date ................................
I, .....................................................................................................................
(full name)
a member of the association, second the nomination of the applicant, who is personally known to me, for membership of the association.
.........................................
(Signature of seconder)
Date ................................
Appendix 2 .
(see s 30 (2))
Form of appointment of proxy
I, .....................................................................................................................
(full name)
of .....................................................................................................................
(address)
a member of ..........................................................................................
(name of incorporated association)
appoint ........................................................................................................................
(full name of proxy)
of .....................................................................................................................
(address)
a member of that incorporated association, as my proxy to vote for me on my behalf at the general meeting of the association (annual general meeting or other general meeting, as the case may be) to be held on ......................................................................................................................... and at any adjournment of that meeting.
*My proxy is authorised to vote in favour of/against (delete as appropriate) the resolution (insert details).
.......................................
(Signature of member
appointing proxy)
(*To be inserted if desired.)
Date ................................
NoteA proxy vote may not be given to a person who is not a member of the association.
Endnotes
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.
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
Legislation history
This regulation was originally the Associations Incorporation Regulation. It was renamed under the Legislation Act 2001.
From 11 May 1989 to 12 September 2001, regulations commenced on their notification day unless otherwise stated (see Subordinate Laws Act 1989 s 6).
Associations Incorporation Regulation 1991 SL1991-31
notified 3 December 1991 (Gaz 1991 No S140)
commenced 3 December 1991
as amended by
Registrar-General (Consequential Provisions) Act 1993 A1993‑64 sch 2
notified 6 September 1993 (Gaz 1993 No S172)
s 1, s 2 commenced 6 September 1993 (s 2 (1))sch 2 commenced 1 October 1993 (see s 2 (2) and Gaz 1993 No S207)
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 25
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 25 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Legislation Amendment Act 2002 A2002‑11 pt 2.1
notified LR 23 May 2002
s 1, s 2 commenced 23 May 2002 (LA s 75)pt 2.1 commenced 24 May 2002 (s 2 (1))
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.5
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))sch 3 pt 3.5 commenced 26 August 2008 (s 2)
Associations Incorporation Amendment Act 2009 A2009-27 s 10
notified LR 9 September 2009
s 1, s 2 commenced 9 September 2009 (LA s 75 (1))
s 10 commenced 10 September 2009 (s 2)Justice and Community Safety Legislation Amendment Act 2010 (No 2) A2010-30 sch 1 pt 1.3
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 1.3 commenced 28 September 2010 (s 2 (2))
Liquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.1
notified LR 8 November 2010
s 1, s 2 commenced 8 November 2010 (LA s 75 (1))
sch 1 pt 1.1 commenced 1 December 2010 (s 2 (4) and see Liquor Act 2010 A2010-35, s 2 (3) (as am by A2010‑43 amdt 1.19) and CN2010-14)Justice and Community Safety Legislation Amendment Act 2011 (No 2) A2011-27 sch 1 pt 1.2
notified LR 30 August 2011
s 1, s 2 taken to have commenced 29 July 2008 (LA s 75 (2))sch 1 pt 1.2 commenced 13 September 2011 (s 2 (1))
Associations Incorporation Amendment Regulation 2013 (No 1) SL2013-15
notified LR 17 June 2013
s 1, s 2 commenced 17 June 2013 (LA s 75 (1))remainder commenced 18 June 2013 (s 2)
Justice and Community Safety Legislation Amendment Act 2017 (No 3) A2017-38 pt 3
notified LR 9 November 2017
s 1, s 2 commenced 9 November 2017 (LA s 75 (1))
pt 3 commenced 16 November 2017 (s 2 (1))Red Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 3
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
pt 3 commenced 1 July 2019 (s 2 (3))Associations Incorporation Amendment Regulation 2023 (No 1) SL2023-24
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
remainder commenced 30 September 2023 (s 2)as repealed by
Associations Incorporation Regulation 2023 SL2023-25 s 6
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
s 6 commenced 1 February 2024 (s 2)Amendment history
Name of regulation
s 1am R2 LA; R4 LA
Interpretation
s 2om A2001‑44 amdt 1.294
Particulars required by form
s 3am A1993‑64 sch 2
General requirements for documents
s 4am A1993‑64 sch 2; A2009‑27 s 10
Signatures on documents
s 6am A1993‑64 sch 2
Time for lodging documents
s 7am A1993‑64 sch 2
Register of members—particulars
s 10om A2018‑33 s 72
Audit of accounts
s 12am A2010‑43 amdt 1.1; SL2013-15 s 4, s 5
om A2018‑33 s 72
Prescribed associations for Act, s 76
s 13am SL2013-15 s 6
om A2018‑33 s 72
Model rules
sch 1 hdg(prev sch hdg) renum R2 LA
sch 1am A1993‑64 sch 2
Preliminary
pt 1.1 hdg(prev pt 1 hdg) renum R2 LA
Definitions for model rules
s 1 hdgsub A2002‑11 amdt 2.1
s 1am A2002‑11 amdt 2.2, amdt 2.3
Application of Legislation Act 2001
s 1Ains A2002‑11 amdt 2.3
Membership
pt 1.2 hdg(prev pt 2 hdg) renum R2 LA
Committee
pt 1.3 hdg(prev pt 3 hdg) renum R2 LA
Vacancies
s 16am A2010‑30 amdt 1.16; A2011‑27 amdt 1.5; pars renum R9 LA; A2017‑38 s 8, s 9; pars renum R11 LA
Committee meetings and quorum
s 18am SL2023-24 s 4; ss renum R13 LA
Voting and decisions
s 20am A2008‑28 amdt 3.30
General meetings
pt 1.4 hdg(prev pt 4 hdg) renum R2 LA
General meetings—virtual attendance
s 24A ins SL2023-24 s 5
General meetings—procedure and quorum
s 25 am SL2023-24 s 6
Making of decisions
s 28 am SL2023-24 ss 7-10
Voting
s 29 am SL2023-24 s 11
Miscellaneous
pt 1.5 hdg(prev pt 5 hdg) renum R2 LA
Service of notice
s 37sub A2008‑28 amdt 3.31
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 Amendments to Republication date 1 A1993‑64 13 December 1994 2 A2001‑44 5 February 2002 3 A2002‑11 29 May 2002 4 A2002‑11 4 November 2004 5* A2008‑28 26 August 2008 6 A2009‑27 10 September 2009 7 A2010‑30 28 September 2010 8 A2010‑43 1 December 2010 9 A2011‑27 13 September 2011 10 SL2013‑15 18 June 2013 11 A2017‑38 16 November 2017 12 A2018‑33 1 July 2019 13 SL2023‑24 30 September 2023
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