Untitled document

Associations Incorporation Amendment (Fees and Other Matters) Regulations 2010

S.R. No. 1/2010

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Revocation

4Regulation 1 amended

5New Part 2A inserted

PART 2A—OPERATION

13APreparation of financial reports by prescribed associations

6New Part 3A inserted

PART 3A—WINDING UP AND CANCELLATION

14ASecurity to be given by liquidator

7Part 4 heading substituted

8New regulation 15A inserted

15AFees

9New regulation 18A inserted

18AFines

10New Schedule 2A inserted

SCHEDULE 2A—Fees to be Paid to the Registrar

11Model Rules Amended

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 1/2010

Associations Incorporation Act 1981

Associations Incorporation Amendment (Fees and Other Matters) Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 19 January 2010

Responsible Minister:

TONY ROBINSON
Minister for Consumer Affairs

TOBY HALLIGAN

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Associations Incorporation Regulations 2009—

(a)to prescribe accounting requirements for certain incorporated associations;

(b)to make provision for the winding up and cancellation of certain incorporated associations;

(c)to prescribe fees payable under the Associations Incorporation Act 1981;

(d)to prescribe maximum fines which can be imposed by an incorporated association on its members.

2Authorising provision

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

3Revocation

The Associations Incorporation (Fees and Other Matters) Interim Regulations 2009[1] are revoked.

4Regulation 1 amended

For regulation 1(c) of the Associations Incorporation Regulations 2009[2] substitute—

"(c)to prescribe accounting requirements for certain incorporated associations;

(d)to make provision for the winding up and cancellation of certain incorporated associations;

(e)to prescribe fees payable under the Associations Incorporation Act 1981;

(f)to prescribe maximum fines which can be imposed by an incorporated association on its members;

(g)to make provision for other matters that are necessary for carrying out or giving effect to the Associations Incorporation Act 1981.".

5New Part 2A inserted

After Part 2 of the Associations Incorporation Regulations 2009 insert—

"PART 2A—OPERATION

13APreparation of financial reports by prescribed associations

(1)A prescribed association must for a financial year prepare its financial statements in accordance with the relevant accounting standards that apply to an entity of its kind and that relate to the preparation of financial statements for that financial year.

(2)In this regulation—

accounting standard has the same meaning as in the Corporations Act.

___________________".

6New Part 3A inserted

After Part 3 of the Associations Incorporation Regulations 2009 insert—

"PART 3A—WINDING UP AND CANCELLATION

14ASecurity to be given by liquidator

For the purposes of section 36B(5) of the Act, the security a liquidator must give is $50 000 in the form of—

(a)cash;

(b)a cheque drawn on an ADI;

(c)a certificate of deposit issued by an ADI;

(d)a debenture or security that is guaranteed by the Government of a State or Territory or by the Government of the Commonwealth; or

(e)a surety issued by an ADI or a body corporate authorised to carry on insurance business under the Insurance Act 1973 of the Commonwealth.

__________________".

7Part 4 heading substituted

For the heading to Part 4 of the Associations Incorporation Regulations 2009 substitute—

"PART 4—FORMS AND FEES".

8New regulation 15A inserted

After regulation 15 of the Associations Incorporation Regulations 2009 insert—

"15A   Fees

For the purposes of the section of the Act specified in column 2 of Schedule 2A, the prescribed fee is the amount specified opposite in column 4 of that Schedule.".

9New regulation 18A inserted

After regulation 18 of the Associations Incorporation Regulations 2009 insert—

"18A   Fines

The committee of an incorporated association may determine to impose on a member of the association who has committed a breach of the rules of the association a fine not exceeding $500, payable to the incorporated association.".

10New Schedule 2A inserted

After Schedule 2 of the Associations Incorporation Regulations 2009 insert—

"SCHEDULE 2A

Regulation 15A

FEES TO BE PAID TO THE REGISTRAR

Item	Section of the Act	Type of fee	Amount
1	5	Application for incorporation of proposed association lodged by electronic transmission	2×5 fee units if association adopts the model rules 7×5 fee units if association adopts rules other than the model rules
2	5	Application for incorporation of proposed association lodged manually	5 fee units if association adopts the model rules 10 fee units if association adopts rules other than the model rules
3	9(2)	Application to the Registrar to make recordings in the Register in relation to the vesting of land in an incorporated association	10 fee units
4	10	Application to bring companies etc. under the Act	10 fee units

Item	Section of the Act	Type of fee	Amount
5	13	Application for approval to change the name of an incorporated association	3 fee units
6	22	Application for approval to alter the statement of purposes or rules	3×5 fee units if the application is lodged by electronic transmission 6 fee units if the application is lodged manually
7	30(4)	Lodgment of annual statement by public officer	3×5 fee units
8	30(5)	Application for extension of time for holding a general meeting or giving an annual statement under section 30(4)	2 fee units
9	30B(4)	Application for exemption from audit requirements	6 fee units
10	31(3)	Application by two or more incorporated associations to be incorporated as an amalgamated incorporated association	10 fee units
11	33A	Lodgment of notice of special resolution relating to the distribution of assets on voluntary winding up	6 fee units

Item	Section of the Act	Type of fee	Amount
12	40(1)(a)	Inspection of the register	1 fee unit for first page and $2 per subsequent page to a maximum of 5 fee units (for all pages inspected) 1×5 fee units per document if provided electronically
13	40(1)(b)	Inspection of prescribed documents or documents of a prescribed class kept by the Registrar	1 fee unit for first page and $2 per subsequent page to a maximum of 5 fee units (for all pages inspected) 1×5 fee units per document if provided electronically
14	40(1)(c)	For the provision of a certified copy of a document that a person may inspect under section 40(1)(b)	1 fee unit for first page and $2 per subsequent page to a maximum of 5 fee units (for all pages provided)

Item	Section of the Act	Type of fee	Amount
15	40(1)(d)	For the provision of a copy of a document that a person may inspect under section 40(1)(b)	1 fee unit for first page and $2 per subsequent page to a maximum of 5 fee units (for all pages provided) 1×5 fee units per document if provided electronically
16	40(1)(d)	For the provision of a copy of a document that a person may inspect under section 40(1)(b) containing particulars of one incorporated association	1×2 fee units
17	40A	For the provision of a certified duplicate of a certificate of incorporation	1×5 fee units
18	54	(a)   For the provision of an electronic copy of a document held by the Registrar—        (i)   containing a report of all associations incorporated in the past 12 months	7×5 fee units

Item	Section of the Act	Type of fee	Amount
18	54	(ii)  for each earlier year in addition to the report in paragraph (i)    (b)  For provision of the copy on computer disk	2×5 fee units to a maximum of 12×5 fee units (for all copies provided) 2×5 fee units for each disk

__________________".

11Model Rules Amended

For rule 7(1) of the Model rules in Schedule 4 of the Associations Incorporation Regulations 2009 substitute—

"(1)Subject to these Rules, if the committee is of the opinion that a member has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming a member or prejudicial to the interests of the Association, the committee may by resolution—

(a)suspend that member from membership of the Association for a specified period; or

(b)expel that member from the Association; or

(c)fine that member an amount not exceeding $500.".

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ENDNOTES

[1] Reg. 3: S.R. No. 113/2009.

[2] Reg. 4: S.R. No. 85/2009 as amended by S.R. No. 113/2009.