Untitled document

Associations Incorporation Reform Amendment (Privacy) Regulations 2015

S.R. No. 46/2015

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4New regulation 10A inserted

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Endnotes

STATUTORY RULES 2015

S.R. No. 46/2015

Associations Incorporation Reform Act 2012

Associations Incorporation Reform Amendment (Privacy) Regulations 2015

The Governor in Council makes the following Regulations:

Dated: 9 June 2015

Responsible Minister:

JANE GARRETT
Minister for Consumer Affairs, Gaming and Liquor Regulation

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Associations Incorporation Reform Regulations 2012 to prescribe particulars that must be included in a notice issued by a secretary of an incorporated association under section 59B of the Associations Incorporation Reform Act 2012.

2Authorising provision

These Regulations are made under section 222 of the Associations Incorporation Reform Act 2012.

3Commencement

These Regulations come into operation on 15 June 2015.

4New regulation 10A inserted

After regulation 10 of the Associations Incorporation Reform Regulations 2012[1] insert—

"10A   Particulars for notice of revocation of exemption from section 57

For the purposes of section 59B(6) of the Act, the following are the prescribed particulars that must be included in a notice by the secretary of an incorporated association to each member of the association—

(a)the name of the incorporated association;

(b)a statement that the Registrar has revoked the exemption granted to the association under section 59A of the Act;

(c)whether the exemption was revoked on the initiative of the Registrar or upon application by the secretary made under section 59B(3) of the Act;

(d)the date on which the Registrar notified the secretary of the revocation of the exemption;

(e)a statement that the effect of the Registrar revoking the exemption is that members of the association will be permitted to inspect the association's register of members that contains the names and addresses of members of the association;

(f)a statement that members of the association will be permitted to use information obtained from the register of members to contact other members in relation to the management or purposes of the association;

(g)a statement that a member of the association may apply to VCAT for a review of the decision of the Registrar to revoke the exemption within 28 days of receiving this notice;

(h)a statement that the association cannot allow members to inspect the register of members until after 28 days have passed since members received this notice and either—

(i)no member of the association has applied to VCAT for a review of the decision to revoke the exemption; or

(ii)an application was made to VCAT and the decision to revoke the exemption was upheld by VCAT;

(i)a statement that—

(i)a member may request that the secretary under section 59 of the Act restrict access to the personal information of the member recorded in the register of members; and

(ii)if the secretary believes there are special circumstances that justify restricting access to the member's information, the secretary must agree to the request;

(j)a statement that if the secretary refuses a request referred to in paragraph (i)—

(i)the secretary must notify the member in writing and set out the reasons for the decision; and

(ii)the member may apply to VCAT for a review of the secretary's decision within 28 days of being notified of the secretary's decision; and

(iii)the secretary will not release that member's personal information without their consent unless 28 days have passed since the secretary gave notice to the member, and—

(A)the member has not sought a review of the decision; or

(B)VCAT has upheld the secretary's decision to release the information.".

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Endnotes

[1] Reg. 4: S.R. No. 128/2012.