Associations Incorporation Regulations 1988 (WA)

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Western Australia

Associations Incorporation Act 1987

Associations Incorporation Regulations 1988

Western Australia

Associations Incorporation Regulations 1988 Contents

Western Australia

Associations Incorporation Act 1987

Associations Incorporation Regulations 1988

1.Citation

These regulations may be cited as the Associations Incorporation Regulations 1988 1.

2.Commencement

These regulations shall come into operation on the day on which the Associations Incorporation Act 1987 comes into operation 1.

3.Term used: Corporations Act

In these regulations, unless the contrary intention appears —

Corporations Act means the Corporations Act 2001 of the Commonwealth.

[Regulation 3 inserted in Gazette 28 Sep 2001 p. 5353.]

4.Application for approval of purpose

An application to the Commissioner for the approval of a purpose of an association under section 4(1)(f) of the Act shall be accompanied by —

(a)
a copy of the rules of the association conforming to the requirements of the Act; and
(b)
a certificate given by the applicant as to the matters referred to in section 5(2)(b) of the Act.

5.Prescribed bodies corporate (s. 10A)

For the purposes of the definition of prescribed body corporate in section 10A of the Act, an entity that is a body corporate under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Commonwealth) is prescribed.

[Regulation 5 inserted in Gazette 14 Apr 2015 p. 1323.]

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 incorporated association;
- (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;
- (f)
  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.

[Regulation 6 inserted in Gazette 3 Jun 2003 p. 1977-8.]

7.Approval of liquidator

Where, having regard to —

(a)
the property, debts and liabilities of an incorporated association; and
(b)
the interests of the creditors and members of an incorporated association,

the Commissioner is satisfied that a person is a fit and proper person to exercise and perform the powers and duties of liquidator of an incorporated association, the Commissioner may by instrument in writing approve of the person acting as liquidator of the incorporated association subject to such conditions as he thinks fit and may in like manner vary or revoke any such approval or conditions.

8.Applied provisions – winding up by Court

For the purposes of section 32 of the Act, a reference in the text of Part 5.7 of the Corporations Act 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.

[Regulation 8 inserted in Gazette 28 Sep 2001 p. 5354.]

9.Forms

The forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.

[Regulation 9 inserted in Gazette 22 Sep 2006 p. 4072.]

10.Compliance with forms

(1)
Strict compliance with the style of a form set out in Schedule 1 is not necessary, unless the Commissioner so requires.
(2)
Strict compliance with the substance of, and provision of the information required by, a form set out in Schedule 1 is necessary unless the Commissioner otherwise approves.

11.Completion of forms

A form shall be completed in accordance with such directions and instructions as are specified in, or relate to, the form.

12.General requirements for documents

Unless the Commissioner otherwise approves, a document lodged with the Commissioner shall —

(a)
be on paper of medium weight of good quality and of a size not less than international sheet size A5 and not more than foolscap folio size or international sheet size A4;
(b)
be legibly and clearly printed, written or otherwise produced in a manner that is permanent and will make possible a reproduction by photographic means that is satisfactory to the Commissioner;
(c)
not be a carbon copy, or a copy reproduced by any spirit duplication method;
(d)
have margins of not less than 25 mm on the left‑hand side and not less than 13 mm on the right‑hand side;
(e)
where it comprises 2 or more sheets, be fastened together securely in the top left‑hand corner;
(f)
have written on the first sheet —
- (i)
  the registered number (if any) of the incorporated association to which the document relates; and
- (ii)
  the name of that association; 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 is lodged; and
- (v)
  the words “lodged with the Commissioner on .......................”.
13.Annexures accompanying forms

(1)
Where the space provided for a particular purpose in a form is insufficient to contain all the required information in relation to a particular item, that information shall be set out in an annexure.
(2)
An annexure to a form shall have an identifying mark and be endorsed with the words —

“This is the annexure of ...................... pages marked .................

........ referred to in the (insert description of form).......................

........ signed by me and dated........................................................

.............................................................

Signature(s)
”

and signed by each person signing the form to which the document is annexed.

(3)
The pages to an annexure shall be numbered consecutively.
(4)
Where a document, copy of a document, or other matter is annexed to a form, reference made in the form to the annexure shall be by its identifying mark, the number of pages in it, and a brief description of the nature of the document and its contents.
(5)
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 a form.

14.Signature of documents lodged with Commissioner

(1)
Subject to the Act and these regulations, a document relating to an incorporated association that is required to be lodged with the Commissioner by or on behalf of the association shall be signed by a member of the committee of the association authorised by the committee for that purpose.
(2)
The name of a person signing a document that is lodged with the Commissioner shall be legibly written under or alongside the signature of that person.

15.Translations

(1)
Where any document or part of a document required to be lodged with the Commissioner is not written in the English language that document or part, unless the Commissioner otherwise directs, shall be accompanied by a translation of the document or part certified by a person approved by the Commissioner.
(2)
The Commissioner may, before accepting a translation for lodgment, require the person lodging the translation to furnish to the Commissioner such evidence as the Commissioner thinks sufficient of the ability of the person by whom the translation is made to make the translation.

16.Fees

The fees set out in Schedule 2 are prescribed in respect of the matters referred to.

17.Infringement notices

(1)
The offences specified in Schedule 3 are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.
(2)
The modified penalty specified opposite an offence in Schedule 3 is the modified penalty for that offence for the purposes of section 5(3) of the Criminal Procedure Act 2004.
(3)
The Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of Part 2 of the Criminal Procedure Act 2004.
(4)
The Commissioner is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.

[Regulation 17 inserted in Gazette 22 Sep 2006 p. 4072.]

Schedule 1

[Regulation 9]

Forms

Application for Incorporation of an Association			Associations Incorporation Act 1987 Form 1 (includes certificate required by s. 5(2)(b))
Association	Name
	Brief description of main purpose(s)__________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________
	Category r Religion, education, charity or other benevolent purpose r Promotion or encouragement of literature, science or the arts r Sport, recreation or amusement r Community, social or cultural centre r Promotion of the interests of a local community r Politics r Other — to be approved by the Commissioner for Consumer Protection 2 [Extra fee applies]
	Is the Association formed for the purpose of trading or securing a pecuniary profit to its members r Yes r No
Applicant	Name
	Address street suburb/town postcode
	Daytime contact	Phone no. ______________ fax no. _________________
		e‑mail
	I have been authorised by the Association to apply for incorporation r Yes r No
Contact person (if not the Applicant)	Name
	Address street suburb/town postcode
	Daytime contact	phone no. ______________ fax no. _________________
		e‑mail
Advertising	An advertisement (in the form of Form 2) giving notice of my intention to apply for incorporation of the Association has been published in a newspaper as required by section 6 of the Act r Yes r No
	Name of newspaper
	Date of publication
Members Give names and addresses of 6 members (Postal address is acceptable)	The Association has at least 6 members r Yes r No
	Name Address
	1 __________________ _________________________________
	2 __________________ _________________________________
	3 __________________ _________________________________
	4 __________________ _________________________________
	5 __________________ _________________________________
	6 __________________ _________________________________
Rules	The rules of the Association — includeprovisionsdealingwithallthematters · listed in Schedule 1 to the Act r Yes r No complywithallotherrequirementsoftheAct · r Yes r No The copy of the Association’s rules attached to this application and marked as annexure “A” is a true copy of the Association’s rules r Yes r No
Declaration	I certify that all the details set out in this Application are true and correct
	Signature of Applicant			Date
It is an offence, with a penalty of $500, to make a false statement in an application.

[Form 1 inserted in Gazette 16 Aug 2002 p. 4205‑6; amended in Gazette 12 Jan 2007 p. 43.]

Form 2

Associations Incorporation Act 1987 (Section 6(1))

ADVERTISEMENT OF INTENDED APPLICATION FOR INCORPORATION OF

.................................................................................................................................

(Set out name of association)

NOTICE is hereby given that ................................................................................

.................................................................................................................................

(full name, address and occupation of applicant)

being duly authorised by the abovenamed association intends to apply to the Commissioner for Consumer Protection 2 on or after

.................................................................................................................................

(insert date being at least one month but not more than 3 months after publication of this notice)

for incorporation of.................................................................................................

(insert name of association)

The association is formed for the purpose of

.................................................................................................................................

(insert main purpose)

Signed .......................................................

Print full name in block letters................................................................................

[Form 2 amended in Gazette 9 Oct 2001 p. 5527; 12 Jan 2007 p. 43.]

Form 3

Associations Incorporation Act 1987 (Section 9(1))

CERTIFICATE OF INCORPORATION

No. ............................................................

THIS IS TO CERTIFY THAT...............................................................................

has this day been incorporated under the Associations Incorporation Act 1987.

Dated this...................................... day of ................................................. 20 .......

................................................................

Commissioner for Consumer Protection 2.

[Form 3 amended in Gazette 9 Oct 2001 p. 5527; 12 Jan 2007 p. 43.]

Form 4

Associations Incorporation Act 1987 (Section 18(6))

CERTIFICATE OF INCORPORATION ON CHANGE OF NAME

THIS IS TO CERTIFY THAT...............................................................................

which was on the ................................ day of .......................................... 20 ........

incorporated under the Associations Incorporation Act 1987 changed its name to ........................ on this .............................. day of ................................ 20 .......

................................................................

Commissioner for Consumer Protection 2.

[Form 4 amended in Gazette 9 Oct 2001 p. 5527; 12 Jan 2007 p. 43.]

Form 5

Associations Incorporation Act 1987 Infringement notice		Infringement notice no.
Alleged offender	Name: Family name
	Given names
	or Company name ____________________________________ ACN
	Address ________________________________________________ Postcode
Alleged offence	Description of offence _____________________________________
	Associations Incorporation Act 1987 s.
	Date / /20 Time a.m./p.m.
	Modified penalty $
Officer issuing notice	Name
	Signature
	Office
Date	/ Date of notice /20
Notice to alleged offender	It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice. How to pay By post: Send a cheque or money order (payable to ‘Approved Officer — Associations Incorporation Act 1987’) to: Approved Officer — Associations Incorporation Act 1987 Department of Consumer and Employment Protection 3 Locked Bag 14 Cloisters Square Perth WA 6850 In person: Pay the cashier at: Department of Consumer and Employment Protection 3 219 St George’s Terrace, Perth WA If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended; your vehicle licence may be suspended or cancelled; your details may be published on a website; your vehicle may be immobilised or have its number plates removed; and your property may be seized and sold. If you need more time to pay the modified penalty, you can apply for an extension of time by writing to the Approved Officer at the above postal address.
If you want this matter to be dealt with by prosecution in court, sign here ______________________________________________ and post this notice to the Approved Officer at the above postal address within 28 days after the date of this notice.

[Form 5 inserted in Gazette 22 Sep 2006 p. 4073; amended in Gazette 20 Aug 2013 p. 3821.]

Form 6

Associations Incorporation Act 1987 Withdrawal of infringement notice		Withdrawal no.
Alleged offender	Name: Family name
	Given names
	or Company name _____________________________________ ACN
	Address _________________________________________________ Postcode
Infringement notice	Infringement notice no.
	/ Date of issue /20
Alleged offence	Description of offence _____________________________________
	Associations Incorporation Act 1987 s.
	Date / /20 Time a.m./p.m.
Officer withdrawing notice	Name
	Signature
	Office
Date	/ Date of withdrawal /20
Withdrawal of infringement notice [*delete whichever is not applicable]	The above infringement notice issued against you has been withdrawn. If you have already paid the modified penalty for the alleged offence you are entitled to a refund. * Your refund is enclosed. or * If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to: Approved Officer — Associations Incorporation Act 1987 Department of Consumer and Employment Protection 3 Locked Bag 14 Cloisters Square Perth WA 6850 / Signature /20

[Form 6 inserted in Gazette 22 Sep 2006 p. 4074.]

Schedule 2

[r. 16]

[Heading inserted in Gazette 28 Jun 2005 p. 2909.]

Item	Matter	Fee
1.	Application for approval of purpose of an association under section 4(1)(f)...............................................................	$43.50
2.	Application for incorporation of an association under section 5(1).................................................................	$145.00
3.	Application for approval to apply for registration or incorporation as a prescribed body corporate under section 10B(2).............................................................	$308.00
4.	(a) Lodgment of notice of special resolution setting out particulars of alteration of rules of an association under section 17............................. (b) Where alteration of rules has effect to change name of an association, on approval of change of name and issue of certificate of incorporation on change of name under section 18(6)............. (c) Where alteration of rules has effect to change objects or purposes of an association, on approval of the alteration under section 19........	$24.00 $24.00 $24.00
5.	Lodgment of application for extension of period for holding an annual general meeting under section 23(1)..	$43.50
6.	Lodgment of application for approval of variation of provisions of rules of an association relating to distribution of surplus property upon winding up under section 33(4)...............................................................	$40.50
7.	Lodgment of distribution plan under section 33(6)............	$43.50
8.	Inspection of document lodged with Commissioner under section 37(2)(a)..................................................	$8.00
9.	Issue of uncertified copy of, or extract from document, other than current rules of an incorporated association, lodged with Commissioner —
(a) where fee payable under item 8 for inspection of the document has been paid, for each page........	$1.70
(b) where fee payable under item 8 for inspection of the document has not been paid — (i) for the first page.................................... (ii) for each additional page..........................	$9.00 $1.80
10.	Issue of uncertified copy of current rules of an incorporated association lodged with Commissioner......	$34.00
11.	Issue of certified copy of, or extract from document lodged with Commissioner — (a) for the first page.............................................. (b) for each additional page...................................	$13.00 $1.70
12.	Application for certificate of Commissioner under section 38....................................................................	$13.20

[Schedule 2 inserted in Gazette 28 Jun 2005 p. 2909-10; amended in Gazette 15 Jun 2007 p. 2765-6; 23 Jun 2009 p. 2430‑1; 25 Feb 2011 p. 652; 22 Jun 2011 p. 2335‑6; 27 Jun 2013 p. 2671-2; 23 Jun 2015 p. 2159‑60.]

Schedule 3 — Prescribed offences and modified penalties

[r. 17]

[Heading inserted in Gazette 22 Sep 2006 p. 4074.]

Offences under Associations Incorporation Act 1987		Modified penalty
s. 22	Member of committee with pecuniary interest taking part in deliberations or decision.................	$100
s. 39(5)(a)	Failing to produce records...................................	$100
s. 44	Unincorporated person using name including “incorporated”....................................................	$40

[Schedule 3 inserted in Gazette 22 Sep 2006 p. 4074.]

Notes

1 This is a compilation of the Associations Incorporation Regulations 1988 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Associations Incorporation Regulations 1988	24 Jun 1988 p. 1998‑2001	25 Jul 1988 (see r. 2 and Gazette 24 Jun 1988 p. 1995)
Associations Incorporation Amendment Regulations 1988	22 Jul 1988 p. 2483	25 Jul 1988 (see r. 2 and Gazette 24 Jun 1988 p. 1995)
Associations Incorporation Amendment Regulations 1990	12 Oct 1990 p. 5176	12 Oct 1990
Associations Incorporation Amendment Regulations 1991	8 Nov 1991 p. 5716	8 Nov 1991
Associations Incorporation Amendment Regulations 1993	31 Aug 1993 p. 4686	1 Sep 1993 (see r. 2)
Associations Incorporation Amendment Regulations 1995	27 Jun 1995 p. 2543‑4	1 Jul 1995 (see r. 2)
Reprint of the Associations Incorporation Regulations 1988 as at 28 Nov 1997 (includes amendments listed above)
Corporations (Consequential Amendments) Regulations 2001 Pt. 2	28 Sep 2001 p. 5353‑8	15 Jul 2001 (see r. 2 and Cwlth Gazette 13 Jul 2001 No. S285)
Associations Incorporation Amendment Regulations 2001	9 Oct 2001 p. 5527	9 Oct 2001
Associations Incorporation Amendment Regulations (No. 2) 2002	28 Jun 2002 p. 3050‑2	1 Jul 2002 (see r. 2)
Associations Incorporation Amendment Regulations 2002	16 Aug 2002 p. 4205‑6	16 Aug 2002
Reprint of the Associations Incorporation Regulations 1988 as at 11 Oct 2002 (includes amendments listed above)
Associations Incorporation Amendment Regulations 2003	3 Jun 2003 p. 1977-8	3 Jun 2003
Associations Incorporation Amendment Regulations (No. 2) 2003	27 Jun 2003 p. 2541-2	1 Jul 2003 (see r. 2)
Associations Incorporation Amendment Regulations 2004	30 Dec 2004 p. 6906	1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130)
Associations Incorporation Amendment Regulations 2005	28 Jun 2005 p. 2909-10	1 Jul 2005 (see r. 2)
Associations Incorporation Amendment Regulations 2006	22 Sep 2006 p. 4071-4	22 Sep 2006 (see r. 2(a))
Reprint 3: The Associations Incorporation Regulations 1988 as at 3 Nov 2006 (includes amendments listed above)
Associations Incorporation Amendment Regulations (No. 2) 2006	12 Jan 2007 p. 43	12 Jan 2007
Associations Incorporation Amendment Regulations 2007	15 Jun 2007 p. 2765-6	r. 1 and 2: 15 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b)(i))
Reprint 4: The Associations Incorporation Regulations 1988 as at 20 Mar 2009 (includes amendments listed above)
Associations Incorporation Amendment Regulations 2009	23 Jun 2009 p. 2430‑1	r. 1 and 2: 23 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b))
Associations Incorporation Amendment Regulations 2011	25 Feb 2011 p. 651-2	r. 1 and 2: 25 Feb 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 26 Feb 2011 (see r. 2(b) and Gazette 25 Feb 2011 p. 651)
Associations Incorporation Amendment Regulations (No. 2) 2011	22 Jun 2011 p. 2335‑6	r. 1 and 2: 22 Jun 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b))
Associations Incorporation Amendment Regulations (No. 2) 2013	27 Jun 2013 p. 2671-2	r. 1 and 2: 27 Jun 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2013 (see r. 2(b))
Associations Incorporation Amendment Regulations 2013	20 Aug 2013 p. 3821	r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and Gazette 20 Aug 2013 p. 3815)
Reprint 5: The Associations Incorporation Regulations 1988 as at 17 Jan 2014 (includes amendments listed above)
Associations Incorporation Amendment Regulations 2015	14 Apr 2015 p. 1323	r. 1 and 2: 14 Apr 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Apr 2015 (see r. 2(b))
Associations Incorporation Amendment Regulations (No. 2) 2015	23 Jun 2015 p. 2159‑60	r. 1 and 2: 23 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b))

2 The Consumer Affairs Act 1971, under which the Commissioner for Consumer Protection existed, ceased to apply on 1 January 2011 after the Fair Trading Act 2010 Part 10 came into force except for certain limited purposes. Under the Fair Trading Act 2010 s. 6 “Commissioner” means the person for the time being designated as the Commissioner under s. 55 of that Act.

3 Under the Public Sector Management Act 1994 the names of departments may be changed. At the time of this reprint the former Department of Consumer and Employment Protection was called the Department of Commerce.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Corporations Act.............................................................................................................. 3

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