Untitled document
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 1 3. Principal Act 2 4. Definitions 2 5. New section 7 substituted 4
7. Certificate of incorporation 4
6. Application to bring companies etc. under Act 5 7. Amendment of heading to Part III 8 8. New section 12A inserted 8
12A. Name to appear on business documents 8
9. New section 13A inserted 9
13A. Registered address of incorporated association 9
10. Rights of members under rules 9 11. New section 14B inserted 10
14B. Grievance procedure 10
12. Rights and liabilities of members 10 13. Powers of incorporated association 10 14. Alteration of rules 10 15. New section 22A inserted 11
22A. Rules to be made available to members 11
16. Address of public officer 11 17. New section 29 substituted 12
29. Special resolution 12
18. New sections 29A, 29B and 29C inserted 13
29A. Duties of committee members 13 29B. Disclosure of interest 14 29C. Voting on contract in which committee member has interest 15
19. Annual general meeting 16 20. New sections 30A and 30B inserted 17
30A. Accounting records 17 30B. Accounts of prescribed associations 17
21. Heading to Part VIIA substituted 19
i
Section Page
PART VIIA—TRANSFER OF INCORPORATION 19
22. New sections 31A, 31AA, 31AB and 31AC substituted 19
31A. Definition 19
31AA. Voluntary transfer of incorporation 19 31AB. Direction to transfer incorporation 20 31AC. Notice to Registrar 21
23. Validity of contracts 21 24. Effect of transfer of incorporation 21 25. New Part VIII inserted 22 PART VIII—WINDING UP AND CANCELLATION 22 Division 1—Voluntary winding up 22
32. Voluntary winding up 22 33. Distribution of assets on voluntary winding up 22
Division 2—Winding up by the court 24
34. Winding up by the court 24
Division 3—Winding up on certificate of Registrar 25
35. Winding up on certificate of Registrar 25 36. Procedure before certification 27 36A. Review of certificate 28 36B. Procedure for winding up on certificate 28 36C. Costs of winding up 29
Division 4—Application of Corporations Law 29
36D. Application of Corporations Law to winding up 29
Division 5—Cancellation of incorporation 30
36E. Cancellation of incorporation 30 36F. Vesting of property after cancellation 31 37. Reinstatement of cancelled association 32
26. New Part VIIIA inserted 33 PART VIIIA—POWERS OF INSPECTION 33
37A. Authorisation of inspectors 33 37B. Registrar to have functions of inspectors 34 37C. Inspector's identity card 34 37D. Inspectors may require certain persons to appear, answer questions and produce documents 34 37E. Inspector's powers of entry 35 37F. Search warrant 37 37G. Announcement before entry 39 37H. Details of warrant to be given to occupier 39
ii
Section Page
37I. Seizure of documents or things not mentioned in the
warrant 39 37J.
Power of inspector to require information or documents 40 37K. Functions of inspectors in relation to relevant documents 40 37L. Offence—failing to comply with requirements of
inspector 42 37M.
Protection from incrimination 42 37N.
Privilege 43 37O.
Police aid for inspectors 44 37P.
Report on investigation 44 37Q.
Secrecy 44
27. New section 38A inserted 45
38A. Registrar may enter into arrangements or agreements 45
28. Evidentiary provisions 45 29. New section 45A inserted 45
45A. Method of lodgment 46
30. Documents lodged with Registrar 46 31. New section 47 substituted 46
47. Copies or extracts of records to be admitted in evidence 46
32. Service of documents 47 33. Changes in penalties 47 34. Regulations 48 35. Matters to be provided for in rules 48
═══════════════
NOTES 50
iii
Victoria
No. 57 of 1997
Associations Incorporation
(Amendment) Act 1997†
[Assented to 28 October 1997]
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the the operation of that Act.
2. Commencement
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 3
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1998, it
comes into operation on that day.
Act No.
3. Principal Act 9713/1981.
In this Act the Associations Incorporation Act Reprinted to 24 April 1996 1981 is called the Principal Act.
incorporating amendments
up to Act
No. 14/1995.
4. Definitions
(1) In section 3(1) of the Principal Act insert— ' "accounting records" include—
(a) payment of money, bills of exchange,
cheques, promissory notes, vouchersinvoices, receipts, orders for the and
(b) documents and records that record those entries; and (c) any working papers and other the methods and calculations by which accounts are made up;
"accounts" means—
(a) a combination of—
(i) payments recording the total
receipts and payments based onan account of receipts and and
Associations Incorporation (Amendment) Act 1997
| s. 4 | Act No. 57/1997 |
(ii) a statement of assets and liabilities; or
(b) a combination of—
(i) expenditure recording the total
income and expenditure based onan account of income and and
(ii) a balance sheet—
together with any statements, reports and notes, other than auditors' reports, that are attached to and intended to be read with the
account, statement or balance sheet, as the
case may be;
"Administrative Appeals Tribunal" means the
Administrative Appeals Tribunal established
under the Administrative Appeals
Tribunal Act 1984;
"prescribed association" means an incorporated
association—
(a) that has gross receipts in that association's previous financial year in excess of $200 000 or such other amount as is prescribed by regulation; or (b) that has gross assets in excess of $500 000 or such other amount as is prescribed by regulation; or (c) that is prescribed or of a class prescribed by regulation;
"relevant documents" means records or other
documents, however compiled, recorded or
stored, that relate to the incorporation and
management of an incorporated association,
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 5 including membership records, accounts,
accounting records and documents relating
to transactions, dealings, business or
property of the association;'.
(2) In section 3(1) of the Principal Act omit the definition of "books".
(3) After section 3(2)(g) of the Principal Act insert— "(h) That the members of the association or
incorporated association derive pecuniary
profit through enjoyment of facilities or
services provided by the association for
social, recreational, educational or other like
purposes; or(i) That the incorporated association makes any payment of pecuniary profit to a member being another incorporated association having the same or similar purpose as the first incorporated association.".
5. New section 7 substituted
For section 7 of the Principal Act substitute—
"7. Certificate of incorporation(1) Subject to sub-section (2), if an application
(2) The Registrar may refuse to incorporate an is made in accordance with section 5, the incorporation of the association in the prescribed form.
association or proposed association if the
Registrar is satisfied that incorporation of the
association or proposed association under
this Act would be inappropriate or
inconvenient—(a)
by reason of the Registrar's assessment of—
Associations Incorporation (Amendment) Act 1997
| s. 6 | Act No. 57/1997 |
(i) the likely scale or nature of the activities of the association or proposed association; or
(ii) the likely value or nature of the property of the association or proposed association; or
(iii) the extent or nature of the dealings which the association or proposed association has, or is likely to
have, with the public; or
(b) for any other prescribed reason.
(3) The Registrar must notify the applicant in
writing of a decision to refuse to grant a
certificate of incorporation and the reasons
for that refusal.
(4) The person who made the application to the
Registrar under section 5 may within 28 days
after receiving notice of a decision of the
Registrar to refuse to grant a certificate of
incorporation appeal to the Administrative
Appeals Tribunal against the decision.".
6. Application to bring companies etc. under Act
(1) After section 10(3) of the Principal Act insert—
"(3A) The person nominated as the first public
officer of the proposed incorporated
association may perform all such acts and do
all such things as may be necessary for
securing the incorporation of the company,
co-operative, society, association, institution
or body as an association under this Act,
despite anything to the contrary which may
be contained in the constitution or rules (if
any) of the company, co-operative, society,
association, institution or body.".
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 6 (2) For section 10(4) of the Principal Act
substitute—
"(4) Subject to sub-section (4A), if an application
is made in accordance with this section, the
Registrar must—
(a)
grant a certificate of incorporation under this Act; and
(b)
give notice of the grant of the certificate of incorporation—
(i) a company as an association, to
in the case of the incorporation of Commission; and
(ii) a co-operative, society,
association, institution or other
body, as an association, to the
Registrar or other person having
responsibilities under an Act in
relation to the registration of thein the case of the incorporation of institution or other body; and
(c) cause a notice of the grant of the certificate of incorporation to be published in the Government Gazette.
(4A) The Registrar may refuse to incorporate a
company, co-operative, society, association,
institution or body under this Act if the
Registrar is satisfied—
(a) that the company, co-operative, society, carried on for the purpose of trading or securing pecuniary profit for its members; or
Associations Incorporation (Amendment) Act 1997
| s. 6 | Act No. 57/1997 |
(b) that that incorporation would be of the Registrar's assessment of—
(i) the likely scale or nature of the or
(ii) the likely value or nature of the association; or
(iii) the extent or nature of the dealings which the proposed association is likely to have with the public; or
(c) that any other prescribed reason for refusal exists. (4B) The Registrar must notify the applicant in
writing of a decision to refuse to grant a
certificate of incorporation and the reasons
for that refusal.
(4C) The person who made the application to the
Registrar under this section may within 28 days after receiving notice of a decision of the Registrar to refuse to grant a certificate of incorporation appeal to the Administrative
Appeals Tribunal against the decision.".
(3) In section 10(6) of the Principal Act for "(4)"
substitute "(4A)".
(4) In the Principal Act—
(a)
in sections 10 and 11 before "society" (wherever occurring) insert "co-operative,";
(b)
in section 10(1) before "societies" insert "co-operatives,".
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 7
7. Amendment of heading to Part III
In the heading to Part III of the Principal Act after
"NAMES" insert "AND REGISTEREDADDRESSES".
8. New section 12A inserted
After section 12 of the Principal Act insert— '12A. Name to appear on business documents
(1) The name of an incorporated association must appear in legible characters—
(a) on its common seal; and
(b)
in all notices, advertisements and other official publications of the incorporated association; and
(c) in all its business documents.
(2) The registration number of an incorporated
association specified in its certificate of
incorporation must appear in legible
characters—
(a)
in all notices, advertisements and other official publications of the incorporated association; and
(b) in all its business documents.
(3) If sub-section (1) or (2) is contravened, the
incorporated association is guilty of an
offence and liable to a penalty not exceeding
5 penalty units.
(4) In this section "business document" in
relation to an incorporated association,
means a document that is issued, signed or
endorsed by or on behalf of the incorporated
association and is—
Associations Incorporation (Amendment) Act 1997
| s. 9 | Act No. 57/1997 |
(a) a business letter, statement of account, invoice or order for goods or services; or (b) a bill of exchange, promissory note, or
(c)
a receipt or letter of credit issued by the incorporated association; or
(d)
a document of a class prescribed as a class of business documents.'.
9. New section 13A inserted
After section 13 of the Principal Act insert—
"13A. Registered address of incorporated
association
(1) An incorporated association must have a
registered address which may be the address
of the public officer.
(2) Not later than 14 days after changing its
registered address an incorporated
association must give the Registrar written
notice of the new address.
(3) If an incorporated association fails to comply
with this section, the incorporated
association and each member of the
committee of the incorporated association is
guilty of an offence and liable to a penalty
not exceeding 5 penalty units.".
10. Rights of members under rules
In section 14A(2) and (4) of the Principal Act for "Supreme Court" substitute "Magistrates' Court".
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 11
11. New section 14B inserted
After section 14A of the Principal Act insert—
"14B. Grievance procedure
(1) The rules of an incorporated association
must set out a grievance procedure for
dealing with any dispute under the rules
between—
(a) a member and another member; or
(b) a member and the incorporated association. (2) A member may appoint any person to act on
behalf of the member in the grievance
procedure.
(3) The grievance procedure must allow for natural justice to be applied.".
12. Rights and liabilities of members
In section 15(1) of the Principal Act for "a member or officer" substitute "a member of the committee, the public officer or a member".
13. Powers of incorporated association
In section 16(4) of the Principal Act for
"becoming a trustee" substitute "the incorporatedassociation becomes a trustee".
14. Alteration of rules
For section 22(2), (3) and (4) of the Principal Act
substitute—
"(2) An alteration of the statement of purposes orthe rules of an incorporated association does not take effect unless and until it is approved by the Registrar.
Associations Incorporation (Amendment) Act 1997
s. 15
| s. 16 | Act No. 57/1997 |
(3) An application for the approval of an
alteration must—
(a) be made by the public officer; and
(b)
be made in a form approved by the Registrar; and
(c)
be accompanied by the prescribed fee; and
(d)
be made within 28 days after the alteration was passed by special resolution; and
(e)
give notice of the special resolution and set out particulars of the alteration; and
(f)
be accompanied by a declaration signed by at least 2 members of the committee of the incorporated association to the
effect that the special resolution was
passed in accordance with the Act; and(g)
in the case of an alteration of the rules, be accompanied by a consolidated copy of the rules of the incorporated
association, including the alteration.
(4) The Registrar must approve that alterationunless the Registrar is satisfied that the alteration is contrary to this Act or the regulations.".
15. New section 22A inserted
After section 22 of the Principal Act insert—
"22A. Rules to be made available to membersAn incorporated association must make a copy of its rules available for inspection at any reasonable time by a member at the request of that member.".
16. Address of public officer
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997
Section 28(2) of the Principal Act is repealed.
17. New section 29 substituted
For section 29 of the Principal Act substitute—
'29. Special resolution(1) For the purpose of this Act a resolution of an
incorporated association is a special
resolution if it is passed in accordance withthis section.
(2) A special resolution is passed at a meeting
if—
(a) incorporated association who vote in
person or (if proxies are allowed) by
proxy at the meeting, not less than threeof the entitled members of the resolution; and
(b) any additional requirements of the rules of the incorporated association relating to the passing of a special resolution have been met.
(3) A resolution is not to be considered to have
been passed as a special resolution under
sub-section (2) unless not less than 21 days
notice has been given in accordance with the
rules to all of the entitled members of the
incorporated association specifying the
intention to propose the resolution as a
special resolution.
(4) At any meeting at which a special resolution is submitted, a declaration by the chairperson that the resolution has been carried is
conclusive proof of the fact unless a poll is
demanded.
Associations Incorporation (Amendment) Act 1997
| s. 18 | Act No. 57/1997 |
(5) In this section "entitled member" means a member of the incorporated association who is entitled under the rules of the incorporated association to vote.'.
18. New sections 29A, 29B and 29C inserted
After section 29 of the Principal Act insert—
"29A. Duties of committee members
(1) A member or former member of the
committee of an incorporated association
must not knowingly or recklessly make
improper use of information acquired by
virtue of his or her position in the
incorporated association so as to gain,
directly or indirectly, any pecuniary benefit
or material advantage for himself or herself
or any other person, or so as to cause a
detriment to the incorporated association.Penalty: 60 penalty units.
(2) A member of the committee of an
incorporated association must not knowingly or recklessly make improper use of his or her position in the incorporated association so as to gain, directly or indirectly, any pecuniary benefit or material advantage for himself or herself or any other person or so as to cause detriment to the incorporated association.
Penalty: 60 penalty units.
(3) If a person is found guilty of an offence
against this section, the court, in addition to imposing any penalty, may order the person to pay a sum specified by the court to the
incorporated association as compensation.
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 18 (4) An order made under sub-section (3) must be
taken to be a judgment debt due by the
offender to the incorporated association and
payment of any amount remaining unpaid
under the order may be enforced in the court
by which it was made.
29B. Disclosure of interest
(1) A member of the committee of an
incorporated association who has any direct
or indirect pecuniary interest in a contract, or
proposed contract, with the incorporatedassociation—
(a)
must, as soon as he or she becomes aware of his or her interest, disclose the nature and extent of his or her interest to the committee; and
(b)
must disclose the nature and extent of his or her interest in the contract in the statement submitted under section 30(3)
by the incorporated association to its
members at the next annual general
meeting of the incorporated association.
Penalty: 10 penalty units.
(2) Sub-section (1) does not apply in respect of a
pecuniary interest that exists only by virtue
of the fact—
(a)
that the member of the committee is an employee of the incorporated association; or
(b)
that the member of the committee is a member of a class of persons for whose benefit the incorporated association is established; or
(c)
that the member of the committee has the pecuniary interest in common with
Associations Incorporation (Amendment) Act 1997
| s. 18 | Act No. 57/1997 |
| all or a substantial proportion of the members of the incorporated association. |
(3) If a member of the committee of an incorporated association discloses a pecuniary interest in a contract, or proposed
contract, in accordance with this section, or
his or her interest is not such as need bedisclosed under this section—
(a) the contract is not liable to be avoided by the incorporated association on any ground arising from the fiduciary relationship between the member and
the association; and(b) the member is not liable to account for profits derived from the contract. 29C. Voting on contract in which committee member has interest
(1) A member of the committee of an
incorporated association who has any direct
or indirect pecuniary interest in a contract, or
proposed contract, with the incorporated
association must not take part in any
decision of the committee with respect to
that contract but may, subject to the
provisions of this Part, take part in any
deliberations with respect to that contract.
Penalty: 10 penalty units.(2) Sub-section (1) does not apply in respect of a pecuniary interest—
(a)
that exists only by virtue of the fact that the member of the committee is a member of a class of persons for whose benefit the incorporated association is established; or
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 19
(b)
that the member of the committee has in common with all or a substantial proportion of the members of the incorporated association.".
19. Annual general meeting
(1) After section 30(2) of the Principal Act insert— "(2A) The second and any subsequent annual general meeting must be held within 5 months after the end of the financial year of
the incorporated association.".
(2) In section 30(3) of the Principal Act for
"following particulars" substitute "particulars of
the following".
(3) After section 30(3)(d) of the Principal Act
insert—
"and
(e)
Any trust, held on behalf of the incorporated association by a person or body other than the incorporated association, in which funds or assets of the incorporated association are placed.".
(4) After section 30(3) of the Principal Act insert—
"(3A) The statements submitted under sub-section
(3) must—
(a) give a true and fair view of the financial position of the incorporated association during and at the end of its last financial year; and
(b) be accompanied by the accounts
in the case of a prescribed association, 30B.".
Associations Incorporation (Amendment) Act 1997
| s. 20 | Act No. 57/1997 |
(5) In section 30(4) of the Principal Act—
(a) after paragraph (a) insert— "(aa) in the case of a prescribed association, accompanied by a copy of the accounts audited in accordance with section 30B; and"; and
(b)
for "2 penalty units" substitute "5 penalty units".
(6) After section 30(7) of the Principal Act insert—
"(7A) An incorporated association must make
available for inspection by its members a
copy of the trust deed of any trust referred to
in a statement under sub-section (3)(e).".
(7) In section 30(8) of the Principal Act for "2 penalty units" substitute "5 penalty units".
20. New sections 30A and 30B inserted
After section 30 of the Principal Act insert—
"30A. Accounting records
An incorporated association must maintain
adequate and accurate accounting records of
the financial transactions of the incorporated
association.Penalty: 5 penalty units.
30B. Accounts of prescribed associations
(1) A prescribed association must, after the end
of each financial year of the incorporated
association cause its accounts to be audited
by—
(a) a registered company auditor; or
(b)
a firm of registered company auditors; or
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 20
(c) Australian Society of Certified
Practising Accountants or the Institutea person who is a member of the or
(d)
any other person who is approved by the Registrar as an auditor of the accounts of the incorporated association for the purposes of this section.
Penalty: 10 penalty units. (2) A person may not be appointed as auditor of the accounts of the incorporated association for the purposes of this section if the person is—
(a) a member of the committee of the incorporated association; or (b) an employer or employee of a member of that committee; or (c) a member of the same partnership as a member of that committee; or (d) an employee of the incorporated association. (3) A prescribed association must keep all accounting records of the incorporated association for a period of 7 years after the
completion of the transactions to which they
relate.Penalty: 5 penalty units.
(4) An incorporated association may apply in
writing to the Registrar for an exemption
from the requirements of sub-section (1).
Associations Incorporation (Amendment) Act 1997
| s. 21 | Act No. 57/1997 |
(5) The Registrar may grant the exemption
subject to any conditions the Registrar thinks
fit.(6) The Registrar may at any time, by notice in writing, vary or revoke an exemption under this section.".
21. Heading to Part VIIA substituted
For the heading to Part VIIA of the Principal Act substitute—
"PART VIIA—TRANSFER OF
INCORPORATION"
22. New sections 31A, 31AA, 31AB and 31AC substituted
For section 31A of the Principal Act substitute—
'31A. Definition
In this Part "prescribed body corporate" means—
(a)
a company under the Corporations Law; or
(b)
a co-operative under the Co-operatives Act 1996; or
(c)
any body corporate that is incorporated, registered or otherwise established under a law applying in Victoria or in any place outside Victoria and that is prescribed for the purposes of this section.
31AA. Voluntary transfer of incorporation
An incorporated association may apply to become registered or incorporated as a prescribed body corporate.
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 22
31AB. Direction to transfer incorporation
(1) Subject to sub-section (2), the Registrar may,
by notice to the incorporated association,
direct an incorporated association to apply to
become registered or incorporated as a
prescribed body corporate within the period
(being not less than 6 months) specified in
the notice and subject to any conditions
specified in the notice.
(2) The Registrar may only give a direction under sub-section (1) if the Registrar is satisfied that the continued incorporation of
the incorporated association under this Act would be inappropriate or inconvenient—
(a) by reason of the Registrar's assessment of— (i) the scale or nature of the activities of the incorporated association; or
(ii) the value or nature of the property of the incorporated association; or
(iii) the extent or nature of the dealings which the incorporated association has with the public; or
(b) for any other prescribed reason.
(3) Before giving a direction under sub-section (1), the Registrar must—
(a)
give a notice to the incorporated association stating —
(i) the incorporated association to
apply for incorporation orthe Registrar's intention to direct corporate; and
Associations Incorporation (Amendment) Act 1997
| s. 23 | Act No. 57/1997 |
(ii) the grounds for the proposed direction; and
(iii) that the direction will be made if an answer showing cause to the contrary is not received within 2 months after the date of the notice; and
(b) give the incorporated association a why the direction should not be given.
(4) An incorporated association may appeal to
the Administrative Appeals Tribunal against
a direction under sub-section (1).
(5) An appeal must be lodged within 28 days
after the notice of the direction is received by
the incorporated association.
(6) The Registrar must comply with a
determination of the Administrative Appeals
Tribunal on an appeal under this section.
31AC. Notice to Registrar
An incorporated association must notify the Registrar in writing of its transfer of incorporation within 14 days after it is registered or incorporated as a prescribed body corporate.'.
23. Validity of contracts
In section 31B of the Principal Act for "Minister" substitute "Registrar".
24. Effect of transfer of incorporation
(1) For section 31C(1) of the Principal Act
substitute—
"(1) In this section, a reference to a transfer of
incorporation by an incorporated association
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 25 is a reference to the registration or
incorporation of the incorporated associationas a prescribed body corporate.".
(2) For section 31C(2) of the Principal Act
substitute—
"(2) Subject to this section, on a transfer of
incorporation by an incorporated association,
the incorporated association ceases to beincorporated under this Act.".
(3) In section 31C(3) of the Principal Act for
"company" (wherever occurring) substitute
"prescribed body corporate".
25. New Part VIII inserted
For Part VIII of the Principal Act substitute—
'PART VIII—WINDING UP AND
CANCELLATION
Division 1—Voluntary winding up
32. Voluntary winding up up voluntarily if the association so resolves by special resolution.
33. Distribution of assets on voluntary winding up
(1) This section applies in relation to the
winding up of an incorporated association
under section 32.
(2) If a special resolution relating to the
distribution of assets of the incorporated
association on winding up has been passed
by the incorporated association, the assets of
the incorporated association must be dealt
Associations Incorporation (Amendment) Act 1997
| s. 25 | Act No. 57/1997 |
with or disposed of in accordance with the
special resolution.
(3) The public officer of an incorporated
association must, within 28 days after the
passing of a special resolution referred to insub-section (2) lodge with the Registrar—
(a) notice in a form approved by the Registrar of the special resolution; and (b) a statutory declaration signed by at effect that—
(i) the special resolution was passed in accordance with this Act; and
(ii) all statements and documents required to be lodged with the Registrar under this Act have been
lodged by the incorporated
association or are lodged with the
notice.
(4) If a special resolution relating to the
distribution of assets of the incorporated
association on winding up has not been
passed by the incorporated association, theassets must—
(a) if the rules of the incorporated association do not otherwise provide, be divided amongst the members of the association in equal shares; and (b) if the rules otherwise provide, be dealt with in accordance with the rules. (5) Despite sub-sections (2) and (4), an asset or
part of an asset of the incorporated
association that consists of property supplied
by a government department or public
authority, including the unexpended portion
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 25 of a grant must be returned to the department
or authority that supplied it or to a body
nominated by the department or authority.(6) Sub-section (5) does not apply if a contract
or agreement between the incorporated
association and the government department
or public authority makes express provision
to the contrary.
(7) This section applies subject to any trust
affecting the assets or any of the assets of the
incorporated association.
(8) Any person aggrieved by the operation of
incorporated association may apply to the
this section in relation to the assets of an relating to the disposal of the assets that it thinks fit. (9) In this section "assets" in relation to an
incorporated association, means the assets
remaining after satisfaction of the debts and
liabilities of the incorporated association and
the costs, charges and expenses of the
winding up.
Division 2—Winding up by the court
34. Winding up by the court
(1) The Supreme Court may order the winding
up of an incorporated association if—
(a)
the incorporated association has by special resolution resolved that it be wound up by the court; or
(b) the incorporated association suspends
its operations for a whole year; or
Associations Incorporation (Amendment) Act 1997
| s. 25 | Act No. 57/1997 |
(c) the incorporated association is unable to pay its debts; or (d) the incorporated association has traded (except in accordance with section 51) or secured pecuniary profit for its members; or
(e) trustee, traded (except in accordance
the incorporated association has, as profit for the members of the incorporated association; or
(f) the incorporated association has of its statement of purpose; or
(g) the court is of the opinion that it is just and equitable that the incorporated association should be wound up. (2) An application to the court for the winding
up of an incorporated association must be
made by—
(a) the incorporated association; or
(b)
a member or creditor of the incorporated association; or
(c) the Registrar.
Division 3—Winding up on certificate of
Registrar
35. Winding up on certificate of Registrar
(1) An incorporated association may be wound
up on the certificate of the Registrar if the
necessary grounds for the taking of that
action exist, as referred to in sub-section (2).
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 25 (2) The necessary grounds for taking that action exist if the Registrar certifies—
(a) that the number of members is reduced to less than 5; or (b) that the incorporated association is not in operation; or (c) traded (except in accordance with
that the incorporated association has for its members; or
(d) trustee, traded (except in accordance
that the incorporated association has, as profit for the members of the incorporated association; or
(e) that the incorporated association has not given to the Registrar statements in accordance with section 30(4) in respect of each of the preceding 2 years; or (f) that incorporation of the incorporated mistake or fraud; or
(g) that the incorporated association exists for an illegal purpose; or (h) that the incorporated association has, after notice from the Registrar of any breach of this Act or the regulations or of the rules of the incorporated
association, failed to remedy the breach
within the time specified in the notice;
or(i) that the incorporated association has failed to comply with a direction of the
Associations Incorporation (Amendment) Act 1997
| s. 25 | Act No. 57/1997 |
| Registrar under section 31AB within the period specified in the notice under that section; or |
(j) that in the opinion of the Registrar, circumstances exist which, in the public interest, justify the winding up of the incorporated association. (3) The Registrar must not certify under this
section as to any matter unless the matter has
been proved to the Registrar's satisfaction.
36. Procedure before certification
(1) Before giving a certificate under section 35,
the Registrar must—
(a) give a notice to the incorporated association stating— (i) the Registrar's intention to give that certificate; and
(ii) the grounds for giving the certificate; and
(iii) that the certificate will be given if an answer showing cause to the contrary is not received within 2 months after the date on which the notice is sent or published, whichever is the later; and
(b) give the incorporated association a why the direction should not be given.
(2) A notice under sub-section (1) must be given
by—
(a)
sending it by prepaid letter addressed to the registered address of the incorporated association; and
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 25
(b)
publishing it in a newspaper circulating generally in the State.
36A. Review of certificate
(1) An incorporated association may apply to the
Supreme Court to review a decision of the Registrar to give a certificate under section 35.
(2) An application under sub-section (1) must be
made within 28 days after the certificate is
given.
36B. Procedure for winding up on certificate
(1) A winding up on a certificate of the Registrar commences—
(a) at the end of 28 days after the is made under section 36A; or
(b) if an application is made under section 36A and the Supreme Court upholds the decision to give the certificate, on the determination of the application. (2) On the commencement of the winding up,
the Registrar may appoint a person to be the
liquidator of the incorporated association.
(3) The liquidator need not be a registered
liquidator under the Corporations Law.(4) The liquidator must within 10 days give
notice of his or her appointment in the
Government Gazette.(5) The liquidator must give such security as
may be prescribed and is entitled to receive
such fees as are fixed by the Registrar.
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| s. 25 | Act No. 57/1997 |
(6) Any vacancy occurring in the office of
liquidator is to be filled by a person
appointed by the Registrar.
36C. Costs of winding up
The reasonable costs of a winding up under this Division are payable out of the property of the incorporated association.
Division 4—Application of Corporations Law
36D. Application of Corporations Law to
winding up
(1) The provisions of the Corporations Law with
respect to the voluntary winding up of a
company under that Law apply to the
winding up of an incorporated association
under Division 1 or 3.
(2) The provisions of the Corporations Law with
respect to the winding up of a body other
than a company under that Law apply to the
winding up of an incorporated association
under Division 2.
(3) Provisions of the Corporations Law applied
under sub-section (1) or (2) are applied so far
as they are applicable and with any
modifications and exceptions that are
prescribed and as if a reference in any of
those provisions—
(a) to an unregistered company were a association; and
(b)
to the directors of a company were a reference to the members of the committee of an incorporated association; and
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 25
(c) to the secretary of a company were a reference to the public officer of an incorporated association; and (d) to the principal place of business of a company were a reference to the registered address of the incorporated association.
Division 5—Cancellation of incorporation 36E. Cancellation of incorporation
(1) The Registrar may, by notice published in
the Government Gazette, cancel the
incorporation of an incorporated association
which has been wound up or has commenced
to be wound up.
(2) The cancellation of incorporation does not
affect the winding up of the association.(3) If the Registrar is of the opinion that any
other incorporated association is not in
operation he or she may, by notice, require
the incorporated association to show good
cause why its incorporation should not becancelled.
(4) A notice under sub-section (3) must—
(a) be served on the incorporated association at its registered address; or (b) if service cannot reasonably be circulating generally in the State.
(5) If, on the expiration of 28 days after the notice is given under sub-section (3), the Registrar is satisfied that the incorporation of
the association should be cancelled, the
Registrar may, by notice published in the
Associations Incorporation (Amendment) Act 1997
| s. 25 | Act No. 57/1997 |
Government Gazette, cancel that
incorporation.
(6) The Registrar must send notice of the
cancellation of incorporation to the
registered address of the incorporated
association.(7) Despite the cancellation of incorporation, the
liability (if any) of the public officer, any
member of the committee or any member of
the incorporated association continues and
may be enforced as if the incorporation had
not been cancelled.
36F. Vesting of property after cancellation
(1) If the incorporation of an association is
cancelled under this Division—
(a)
the property of the incorporated association vests in the Registrar; and
(b) the Registrar may—
(i) give any directions as he or she thinks just for or with respect to the payment of the debts and
liabilities of the incorporated
association, the distribution of its
assets and the winding up of its
affairs; and(ii) appoint a person for the purpose of investigating the affairs of the incorporated association with a
view to the realisation of its
assets, payment of debts,
discharge of its liabilities,
distribution of its assets and
winding up of its affairs; and(iii) if the Registrar is not able to arrange for the distribution of any
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 25 property vested in him or her
under this section, sell or
otherwise dispose of or deal withthat property; and
(iv) Registrar under this section in
relation to the incorporated
association from the sale ordeduct any costs incurred by the him or her; and
(v) are reasonably necessary to be
do all such other acts and things as exercise of his or her powers under this section.
(2) This section does not apply to an
incorporated association which had been wound up or commenced to be wound up before the cancellation.
(3) The Registrar must pay into the Consolidated
Fund any amount received from the sale or
disposition of property under sub-section
(1)(b)(iii), after deduction of costs.
(4) Any person who claims an entitlement to any
under this section may apply to the Supreme
money paid into the Consolidated Fund amount to the person.
(5) Any amount ordered to be paid to a person
under sub-section (4) shall be paid out of the necessary extent appropriated accordingly).
37. Reinstatement of cancelled association
(1) If the Registrar is satisfied that the
incorporation of an incorporated association
Associations Incorporation (Amendment) Act 1997
| s. 26 | Act No. 57/1997 |
was cancelled as a result of an error on the
part of the Registrar, the Registrar may
reinstate the association as an incorporatedassociation.
(2) If a person is aggrieved by the cancellation
of the incorporation of an association, the the person at any time within 15 years after the cancellation, may if satisfied that it is just that the incorporation of the association be reinstated, order the Registrar to reinstate the incorporation of the association. (3) The order may be subject to any directions
and conditions the Supreme Court thinks fit
(including directions in relation to the
retransfer of property vested in the Registrar
under section 36F).
(4) On the reinstatement of the incorporation of
an association under this section, the
incorporated association is to be taken to
have continued in existence as if its
incorporation had not been cancelled.
(5) On the reinstatement of the incorporated
association under sub-section (1), any property which may have vested in the Registrar under section 36F is revested in the
incorporated association.".
26. New Part VIIIA inserted
After Part VIII of the Principal Act insert—
"PART VIIIA—POWERS OF INSPECTION
37A. Authorisation of inspectors
The Registrar may authorise any officer or employee of the public service to be an inspector for the purposes of this Act.
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 26 37B. Registrar to have functions of inspectors The Registrar has and may exercise all the functions of an inspector and for that
purpose is to be considered to be an
inspector.
37C. Inspector's identity card
(1) The Registrar must provide each inspector with an identity card.
(2) An identity card must contain a photograph of the inspector.
(3) An inspector must produce his or her identity card on request on applying for admission to any premises.
37D. Inspectors may require certain persons to
appear, answer questions and produce
documents
(1) For the purpose of ascertaining whether the
provisions of this Act and the regulations
have been complied with, an inspector may
by notice in the prescribed form—
(a) require an incorporated association to produce to the inspector at a time and place specified in the notice specified relevant documents relating to the incorporated association; and
(b) the activities of an incorporated
association to produce to the inspector
at a time and place specified in the
notice specified relevant documentsrequire any person who is involved in and
Associations Incorporation (Amendment) Act 1997
| s. 26 | Act No. 57/1997 |
(c) require any person who is involved in the activities of an incorporated association— (i) to attend before the inspector at a time and place specified in the notice; and
(ii) to answer any questions put to the person by the inspector relating to the promotion, formation,
membership, control, transactions,
dealings, business or property of
the incorporated association.
(2) A person is to be considered to be involved
in the activities of an incorporated
association if the person—
(a) is or has been an officer or employee of, or an agent, banker, legal practitioner, auditor or other person acting in any capacity for or on behalf of, the incorporated association (including an incorporated association that is in the course of being wound up or has had its incorporation cancelled); or (b) is a person who has any relevant documents relating to the incorporated association in his or her possession or control; or (c) is a person who was a party to the creation of any relevant documents relating to the incorporated association. (3) A person is not subject to any liability by
reason of complying with a requirement
made or purportedly made under this section.
37E. Inspector's powers of entry
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 26 (1) An inspector may enter any place and may
search for and seize any relevant documents
or anything that the inspector believes on
reasonable grounds to be connected with an
offence against this Act that is found on or in
the place, if the entry, search and seizure are
made—
(a) with the consent of the occupier after the inspector has— (i) informed the occupier of the purpose of the search; and
(ii) informed the occupier that may be used in evidence in court; and
(iii) occupier may refuse to give
informed the occupier that the and
(iv) produced his or her identity card for inspection; or
(b)
in accordance with a warrant issued under section 37F.
(2) If an occupier consents to an entry and
search, the inspector who requested consent
must ask the occupier to sign an
acknowledgment in the prescribed formstating—
(a)
that the occupier has been informed of the purpose of the search and that anything seized in the search may be used in evidence in court; and
(b)
that the occupier has been informed that he or she may refuse to give consent to the entry and search; and
Associations Incorporation (Amendment) Act 1997
s. 26
| s. 26 | Act No. 57/1997 |
(c) that the occupier has consented to such an entry and search; and (d) the date and time that the occupier consented. (3) An occupier who signs an acknowledgment
must be given a copy of the signed
acknowledgment immediately.
(4) If, in any proceeding, an acknowledgment is
not produced to the court, it must be
presumed, until the contrary is proved, that
the occupier did not consent to an entry and
search.
37F. Search warrant
(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to a particular place if—
(a) an incorporated association or person does not comply with a requirement of an inspector under section 37D within the time specified in the notice; or (b) there are reasonable grounds for suspecting that there may be at that place any document or thing that may be evidence of the commission of an offence against this Act or the regulations. (2) The magistrate may issue the search warrant if the magistrate is satisfied by the evidence on oath, whether oral or by affidavit, of an
inspector that there are reasonable grounds
for suspecting that there is or may be withinthe next 28 days, at that place—
(a) a relevant document; or
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997
(b)
a document or thing that may be evidence of the commission of an offence against this Act or the regulations.
(3) A search warrant under this section
authorises the inspector named in the warrant
and any assistants the inspector considersnecessary—
(a)
to enter the place specified in the warrant, if necessary by force; and
(b) to search for and seize—
(i) a relevant document named or described in the warrant; or
(ii) described in the warrant and
which the inspector believes ona document or thing named or connected with an offence.
(4) A search warrant issued under this section must state—
(a)
the purpose for which the search is required and the nature of the offence suspected; and
(b)
any conditions to which the warrant is subject; and
(c)
whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(d)
a day not being later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.
(5) A search warrant must be issued in
accordance with the Magistrates' Court Act
1989.
Associations Incorporation (Amendment) Act 1997
| s. 26 | Act No. 57/1997 |
(6) Except as provided by this Act, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act
1989 extend and apply to warrants under this
section.
37G. Announcement before entry
(1) On executing a search warrant, the inspector executing the warrant must announce that he or she is authorised by the warrant to enter
the place and, if the inspector has been
unable to obtain unforced entry, must give
any person at the place an opportunity to
allow entry to the place.(2) An inspector need not comply with sub-
section (1) if he or she believes on
reasonable grounds that immediate entry to
the place is required to ensure the safety of
any person or that the effective execution of
the search warrant is not frustrated.
37H. Details of warrant to be given to occupier
If the occupier or another person who apparently represents the occupier is present at premises where a search warrant is being executed, the inspector must—
(a)
identify himself or herself to that person; and
(b)
give to the person a copy of the warrant.
37I. Seizure of documents or things not
mentioned in the warrant
If, in the course of executing a search warrant, an inspector finds a document or thing that he or she believes on reasonable grounds to be—
Associations Incorporation (Amendment) Act 1997
s. 26
s. 26
Act No. 57/1997
(a) connected with the offence, although not the document or thing named or described in the warrant; or (b) connected with another offence against this Act— and the inspector believes, on reasonable grounds, that it is necessary to seize that document or thing in order to prevent its concealment, loss or destruction, the warrant
is deemed to authorise the inspector to seize
the document or thing.
37J. Power of inspector to require information
or documents
An inspector who—
(a)
exercises a power of entry under this Part; and
(b)
produces his or her identity card for inspection by a person—
may, to the extent that it is reasonably the inspector, orally or in writing, to produce documents to the inspector and to give reasonable assistance to the inspector.
necessary to determine compliance with this
37K. Functions of inspectors in relation to
relevant documents
(1) An inspector has the following powers in
relation to relevant documents produced to
the inspector pursuant to a requirement made
under this Part—
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997
(a) power to take possession of the interference;
(b) power to make copies, or take extracts from, the documents; (c) power to require any person who was party to the creation of the documents to make a statement providing any explanation that the person is able to
provide as to any matter relating to the
creation of the documents or as to any
matter to which the documents relate;(d) power to retain possession of the documents for such reasonable period as is necessary to enable the documents to be inspected, and copies of, or extracts from, the documents to be made or taken. (2) While an inspector retains possession of a
document, the inspector must permit a
person who would be entitled to inspect the
document were it not in the possession of the
inspector to inspect the document at any
reasonable time and make a copy of, or take
extracts from, the document.
(3) If an inspector takes possession of or secures
against interference any relevant document
and a person has a lien on the document, the
inspector's actions do not prejudice the lien.
(4) An inspector must not take possession of a
document apparently in the possession or
custody of a person unless the inspector
makes out and tenders to the person a written
receipt—
(a) identifying the document; and
Associations Incorporation (Amendment) Act 1997
s. 26
s. 26
Act No. 57/1997
(b)
stating the name of the inspector and the reason why the document is being seized.
37L. Offence—failing to comply with
requirements of inspector
(1) A person must not refuse or fail, without
reasonable excuse, to comply with a
requirement of an inspector under this Part to
produce relevant documents or to give
reasonable assistance to the inspector.
Penalty: 60 penalty units.
(2) A person must not—
(a) give information to an inspector that the person knows to be false or misleading in a material particular; or (b) produce a document that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or
misleading and, if practicable,
providing correct information.
Penalty: 60 penalty units.(3) A person must not without reasonable excuse
obstruct or hinder an inspector exercising
functions under this Act.
Penalty: 60 penalty units.
37M. Protection from incrimination
A person may refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under this Part if the giving of the information, the production of the document
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997
or the doing of that other thing would tend to
incriminate the person.
37N. Privilege
(1) A legal practitioner is entitled to refuse to comply with a requirement under section 37D or 37J relating to a relevant document
if—
(a) the document contains a privileged communication made by or on behalf of or to the legal practitioner in his or her capacity as a legal practitioner; or (b) the legal practitioner is not able to comply with the requirement without disclosing a privileged communication made by or on behalf of or to the legal practitioner in his or her capacity as a legal practitioner. (2) The legal practitioner is not entitled to refuse to comply with the requirement to the extent that he or she is able to comply with it
without disclosing the privileged
communication.(3) The legal practitioner is also not entitled to refuse to comply with the requirement if the person by or on behalf of whom the
communication was made or (if the person is
an incorporated association in the course of
being wound up) the liquidator agrees to the
legal practitioner complying with therequirement.
(4) If the legal practitioner refuses to comply
with the requirement, he or she must immediately furnish in writing to the Registrar—
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 s. 26
(a) the name and address of the person to whom or by or on behalf of whom the communication was made (if known to the legal practitioner); and (b) document containing the
sufficient particulars to identify the was made in writing).
Penalty: 60 penalty units.
37O. Police aid for inspectors
(1) An inspector may call to his or her aid a
member of the police force if he or she is
obstructed, or believes on reasonable
grounds that he or she will be obstructed, in
the exercise of his or her functions as an
inspector.
(2) A member of the police force has, while
acting in aid of an inspector, all the functions
of an inspector.
37P. Report on investigation
As soon as practicable after completing an investigation under this Part, an inspector must give a written report on the result of the
investigation to the Registrar.
37Q. Secrecy
(1) An inspector must not disclose information
acquired in the course of an investigation
under this Part except—
(a)
for the purpose of conducting the investigation and making a report of the investigation; or
(b) as permitted by sub-section (2); or
Associations Incorporation (Amendment) Act 1997
s. 27
| s. 29 | Act No. 57/1997 |
(c)
for the purpose of any proceedings under this Act; or
(d)
with the consent of the person to whom the information relates.
Penalty: 60 penalty units.
(2) An inspector may disclose information
acquired in the course of an investigation—
(a)
to a member of the police force, if the inspector reasonably suspects that an offence has been committed; or
(b) to a court or tribunal; or
(c)
to a person appointed as the liquidator of the incorporated association.".
27. New section 38A inserted
After section 38 of the Principal Act insert—
"38A. Registrar may enter into arrangements or
agreements
The Registrar may enter into arrangements
or agreements with any person or body to act
as the agent of the Registrar in the carrying
out of his or her functions except any
function under section 7(2), 10(4A), 31AB,35 or 36E.".
28. Evidentiary provisions
After section 44(1)(b) of the Principal Act
insert—
"(ba) that, on a date specified in the certificate, theregistered address of a specified incorporated association last notified under this Act to the Registrar was the address specified in the
certificate;".
29. New section 45A inserted
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997
After section 45 of the Principal Act insert—
"45A. Method of lodgment
(1) Subject to section 45, it is sufficient
compliance with a requirement under this Act or the regulations that a document be lodged with the Registrar if the Registrar receives a copy of the document by facsimile
or electronic transmission.(2) If the Registrar receives from a person a
copy of a document under sub-section (1),
the Registrar may require that person to
produce and lodge the original within the
time specified by the Registrar.
(3) If the person does not comply with a
requirement of the Registrar within the
specified time, the person is to be taken notto have lodged the document.".
30. Documents lodged with Registrar
After section 46(c) of the Principal Act insert—
"(ca) is illegible in any part;".
31. New section 47 substituted
For section 47 of the Principal Act substitute—
"47. Copies or extracts of records to be admitted
in evidence
(1) Subject to this section, in any legal
proceedings (whether proceedings under this Act or otherwise), a copy of or extract from a record relating to affairs of an incorporated
association is admissible in evidence as if it were the original record or the relevant part of the original record.
(2) A copy of or extract from a record is not admissible in evidence under sub-section (1)
Associations Incorporation (Amendment) Act 1997
| s. 32 | Act No. 57/1997 |
unless it is proved that the copy or extract is
a true copy of the record or of the relevant
part of the record.(3) For the purposes of sub-section (2), evidence
that a copy of or extract from a record is a
true copy of the record or of a part of the
record may be given either orally or by an
affidavit or statutory declaration by a person
who has compared the copy or extract with
the record or the relevant part of the record.".
32. Service of documents
In section 48 of the Principal Act for "address of the public officer" substitute "registered address of the incorporated association".
33. Changes in penalties
(1) In section 49(1) of the Principal Act for "50
penalty units or imprisonment for one year, or
both" substitute "60 penalty units".
(2) In section 49(2) of the Principal Act for "25
penalty units or imprisonment for six months, or
both" substitute "60 penalty units".(3) In section 50(1) of the Principal Act for "2 penalty units" substitute "5 penalty units".
(4) In section 51(1) of the Principal Act for "5 penalty units" substitute "60 penalty units".
(5) In section 52 of the Principal Act for "5 penalty units" substitute "10 penalty units".
(6) In section 54(2)(a) and (d) of the Principal Act for "1 penalty unit" substitute "5 penalty units".
(7) For section 54(2)(ac) of the Principal Act
substitute—
"(ac) prescribe offences against this Act or the
regulations for the purposes of section 50B;".
Associations Incorporation (Amendment) Act 1997
s. 34
s. 35
Act No. 57/1997
34. Regulations
(1) For section 54(2)(b) of the Principal Act
substitute—
"(b) make provision for the accounts to be kept
and the financial statements to be prepared
by incorporated associations or incorporated
associations in a class of incorporated
associations;(ba) make additional provision for the audit of
accounts of incorporated associations or
incorporated associations in a class of
incorporated associations;
(bb) make provision for fees to be paid for the
lodgment with the Registrar of applications, notices, statements and other documents and for inspection or copying of documents held by the Registrar;".
(2) After section 54(3)(b) of the Principal Act
insert—
"and
(c) may apply, adopt or incorporate any statement of accounting standards or statement of accounting practice issued by any body at any time before the regulation is
made.".
(3) In section 54(4) of the Principal Act for "section 6(2) of the Subordinate Legislation Act 1962" substitute "section 23(2) of the Subordinate
Legislation Act 1994".
35. Matters to be provided for in rules
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997
(1) In the Schedule to the Principal Act, in item 13 for
"books, documents" substitute "relevant
documents".
(2) In the Schedule to the Principal Act in item 14 for
"books and documents" substitute "relevant
documents".
(3) In the Schedule to the Principal Act, after item 16
insert—
"17. The grievance procedures for settling
disputes under the rules between the
incorporated association and any of its
members or between a member and anyother member.".
═══════════════
Associations Incorporation (Amendment) Act 1997
Act No. 57/1997 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 22 May 1997
Legislative Council: 8 October 1997
The long title for the Bill for this Act was "to amend the Associations
Incorporation Act 1981 and for other purposes."
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