(Reprint No. 8)

South Australia

An Act to make provision for the incorporation, administration and

control of associations; and for other purposes.

Associations Incorporation Act 1985 [Act] Page 1 of 74

being

Associations Incorporation Act 1985 No. 30 of 1985

as amended by

Associations Incorporation Act Amendment Act 1985 No. 100 of 1985 [Assented to 7

Associations Incorporation (Miscellaneous) Amendment Act 1992 No. 36 of 1992

Associations Incorporation (Miscellaneous) Amendment Act 1997 No. 29 of 1997

Financial Sector Reform (South Australia) Act 1999 No. 33 of 1999 [Assented to 17

District Court (Administrative and Disciplinary Division) Amendment Act 2000 No. 4 of

Statutes Amendment and Repeal (Attorney-General's Portfolio) Act 2000 No. 57 of 2000

Associations Incorporation (Oppressive or Unreasonable Acts) Amendment Act 2000 No.

1

2

Came into operation 28 June 1985: s. 2.

3

4

5

Schedule (item 5) came into operation 1 July 1999: being the date specified under

purposes of that Act.

6

7

8

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1.Short title

3.Interpretation

3A.Exclusion of operation of Corporations Act

4.Act binds Crown

5.Administration by the Commission

6.Inspection of documents

7.Power of Commission to refuse to register or reject document, etc.

9.Annual report

10.Power of Commission to require production of books

11.Power of Commission to carry out investigations in relation to books

12.Protection from liability

13.Privileged communications

14.Offences

15.Self-incrimination

16.Liens on books

17.Secrecy

18.Eligibility for incorporation

19.Manner in which application for incorporation is to be made

20.Incorporation of association

21.Rights and liabilities of members

22.Amalgamation

23.Rules binding on association and its members

23A.Contents of rules of an incorporated association

24.Alteration of rules

24A.Court may order variation of rules

25.Powers of an incorporated association

26.Manner in which contracts may be made

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28.Abolition of doctrine of constructive notice in relation to incorporated

association

29.Management of incorporated associations

30.Certain persons not to be members of the committee

31.Disclosure of interest

32.Voting on a contract in which a committee member has an interest

35.Accounts to be kept

36.Lodgment of periodic returns

37.Provisions relating to auditors acting under this Division

37A.Payment of auditor

38.Power of exemption

39.Annual general meeting

39A.Duties of officers, etc.

39B.Provisions indemnifying officers or auditors

39C.Keeping of records

39D.Inspection of records

40.Rules of natural justice to be applied in relation to adjudication of dispute

40A.Power to compromise with creditors

40B.Power to enter into voluntary administration

41.Winding up of incorporated association

41A.Appeals from decisions of receivers, liquidators, managers, etc.

41B.Reports to be submitted to liquidator

41C.Declaration of solvency

41D.Disclosure to creditors on voluntary winding up

41E.Penalty for contravention of applied provisions

42.Power of Commission to require transfer of activities

43.Distribution of assets upon winding up

43A.Application for deregistration

44.Defunct associations

44A.Commission to act as representative of defunct association in certain events

45.Outstanding property of former association

46.Disposal of outstanding property

47.Liability of Commission and Crown as to property vested in Commission

48.Accounts

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49.Removal of name from register

49AA.Interpretation and application

49AB.Non-disclosure

49AC.Failure to keep proper records

49AD.Incurring debts not likely to be paid

49AE.Powers of court

49AF.Frauds by officers

49A.General power of exemption of the Commission

49B.Immunity from liability

50.Right of appeal

51.Minutes

53.Investing or depositing money with association

53A.Reservation of name

54.Name of association to be printed, etc., on documents

55.Prohibition against securing profits for members

56.Public officer

57.Penalty for non-compliance with Act or a condition imposed under Act

58.Falsification of books

58A.General defence

59.Variation or revocation of trusts

60.Misrepresentation as to incorporation under this Act

61.Oppressive or unreasonable acts

62.Examination of persons concerned with associations

62A.Orders against persons concerned with associations

62B.Civil proceedings not to be stayed

62C.Form and evidentiary value of books

62D.Continuing offences

62E.Proceedings for offences

63.Evidentiary provision

64.Service upon incorporated associations

65.Use of abbreviation "Inc."

66.Fees in respect of lodging documents

67.Regulations

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* * * * * * * * * *

payment of money, bills of exchange, cheques, promissory notes,

vouchers and other documents of prime entry, and books and

records which record such entries, and also includes such working

papers and other documents as are necessary to explain the

methods and calculations by which accounts are made up;

(i)an account of receipts and payments recording the total receipts

and payments based on the cash method of

accounting; and

(ii)a statement of assets and liabilities; or

(i)an account of income and expenditure recording the total income

and expenditure based on the accrual method of

accounting; and

(ii)a balance sheet,

together with such statements, reports and notes, other than

auditors' reports, as are attached to and intended to be read

with the account, statement or balance sheet, as the case may be;

instrument in writing to be an authorised person for the purposes

of this Act;

any accounts or accounting records, however compiled, recorded or

stored, and also includes any document;

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means—

a specified day as the association's financial year—

(i)if such a period is fixed or varied at incorporation or during

the first financial year of the association—the

period not exceeding 18 months commencing on the

date of incorporation and ending on the day

specified;

(ii)if such a period is fixed or varied during any subsequent

financial year—the period not exceeding 12 months

commencing at the end of the last preceding

financial year and ending on the day specified;

(iii)each succeeding period of 12 months ending on the day

specified;

the association's financial year—

(i)the period commencing on the date of incorporation and ending on

the next succeeding 30 June;

(ii)each succeeding period of 12 months ending on 30 June;

amount of the receipts of the association including any grant or

subsidy paid to or on behalf of the association by the Government

of the State or the Commonwealth, local government or an agency

of the Crown in right of the State or the Commonwealth, but not

including any money received by the association—

any, paid by a member; or

been originally purchased by the association for the

purpose of resale;

this Act;

in respect of a bankruptcy from which he or she has

not been discharged; or

of an undischarged bankrupt,

and includes—

corresponding provisions of the law of a country other

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than Australia where the terms of the deed have not been fully

complied with; and

the corresponding provisions of the law of a country

other than Australia where a final payment has not

been made under that composition;

the association; or

the association;

(i)occupies or acts in a position of—

(A)a member of the committee of the association; or

(B)the secretary, treasurer or public officer of the association;

or

(ii)is concerned, or takes part, in the management of the affairs

of the association,

by whatever name called and whether or not validly appointed to

occupy or duly authorised to act in the position; or

association (except a patron or the holder of some

other honorary office that confers no right to

participate in the management of the affairs of the

association); or

the committee of the association is accustomed to act;

year in excess of—

(i)$200 000; or

(ii)such greater amount as is prescribed by regulation; or

notwithstanding that a declaration has not been made under the

repealed by this Act;

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the association—a resolution passed at a duly convened

meeting of the members of the association if—

(i)at least 21 days written notice specifying the intention to

propose the resolution as a special resolution

has been given to all members of the association;

and

(ii)it is passed at a meeting referred to in this paragraph by a

majority of not less than three-quarters of such

members of the association as, being entitled to

do so, vote in person or, where proxies are

allowed, by proxy, at that meeting;

membership of the association—a resolution passed at a

duly convened meeting of the members of the committee

of the association if—

(i)at least 21 days written notice specifying the intention to

propose the resolution as a special resolution

has been given to all members of the committee;

and

(ii)it is passed at a meeting referred to in this paragraph by a

majority of not less than three-quarters of such

members of the committee as, being entitled to do

so, vote in person or, where alternates are

allowed, by alternates, at that meeting;

aggregating receipts and payments in connection with all

activities of the association in that association's financial

year;

this definition referred to as an "original

photograph") made, on a transparent base, by means of

light reflected from, or transmitted through, the

document; or

photosensitive material (being photosensitive material

on a transparent base) placed in surface contact with

the original photograph; or

first of the series being made by the use of

photosensitive material (being photosensitive material

on a transparent base) placed in surface contact with

succeeding copy in the series being made, in the same

manner, from any preceding copy in the series.

(2) Except as otherwise provided, a reference in this Act to the

rules of an association is a reference to the rules relating to the

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constitution, powers, management and administration of the

association, and the rights and liabilities of its members, but

does not extend to rules, by-laws or ordinances relating to or

affecting personal dress or behaviour, practices, procedures or

other matters that are of a religious, ceremonial or doctrinal

nature, or any other prescribed matter.

(3) Where under the rules of an incorporated association

provision is made for confirmation or approval of a resolution of

the association by some other person or body, such a resolution is

not to be regarded as having been duly passed until it has been

confirmed or approved as required by the rules.

(4) A provision in the rules of an association requiring

confirmation or approval of a resolution or decision of the

association by some other person or body is not to be regarded as

oppressive or unreasonable.

* * * * * * * * * *

(6) For the purposes of this Act, a person is an associate of

another person if—

or

one is a trustee and the other is a beneficiary of the same

trust; or

corporation; or

or equitable interest in five per cent or more of the share

capital of the corporation; or

one or more of the above paragraphs.

of the Commonwealth in relation to the whole of the Corporations

legislation to which Part 1.1A of that Act applies.

(2) Subsection (1) does not exclude the application of provisions

associations to the extent that they relate to any matter that the

regulations provide is not to be excluded from the operation of

that Act.

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for the administration of this Act.

(2) The Commission is, in relation to the administration of this

Act, subject to the control and direction of the Minister.

such form as it thinks fit—

(2) Subject to subsection (2a) a person may, on payment of the

prescribed fee—

this Act (not being a document that has been destroyed or

otherwise disposed of); or

(i)a certified copy of, or extract from, an entry in a register

kept under this Act or the repealed Act; or

(ii)a certified copy of a certificate of incorporation issued under

this Act or the repealed Act; or

(iii)a certified copy of, or extract from, any document registered

or held by the Commission under this Act, or

registered or held under the repealed Act.

(2a) The Commission may, at the request of a person whose

residential address appears in a register or document that is

available for inspection under this section, take any steps

necessary to ensure that the person's address is not publicly

disclosed under this section.

(3) If a reproduction or transparency of a document is produced

for inspection, a person is not entitled pursuant to subsection (2)

to require the production of the original of that document.

document includes, where a reproduction or transparency of that

certificate or document has been incorporated with a register kept

by the Commission, a reference to that reproduction or transparency

and, where such a reproduction or transparency has been so

incorporated, a person is not entitled pursuant to that subsection

to a copy of, or extract from, the original of that certificate or

document.

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submitted to the Commission—

misleading in the form or context in which it is included;

or

completed; or

the Commission may refuse to register or may reject the document

and may request—

resubmitted; or

supplementary document in the prescribed form be submitted.

(2) The Commission may request a person who submits a document to

the Commission to produce to the Commission such other document, or

to furnish to the Commission such information, as the Commission

thinks necessary in order to form an opinion whether it should

refuse to register or should reject the document.

(3) If a person fails to comply with a request of the Commission

made pursuant to subsection (1) or (2) within 14 days after the

service on the person of the request, a court of summary

jurisdiction may, on an application of the Commission, order the

person to comply with the Commission's request within the time

specified in the order.

(4) An order made under subsection (3) may provide that all costs

of, and incidental to, the application are to be borne by the

person responsible for the non-compliance.

(5) A person who contravenes or fails to comply with an order

made under subsection (3) is guilty of an offence.

prescribed association—$5 000; or

* * * * * * * * * *

year, deliver to the Minister a report on the administration of

this Act during the period of 12 months that ended on the preceding

30 June.

(2) The Minister must cause a copy of the report to be laid

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before each House of Parliament.

this Act have been or are being complied with, an authorised person

may, by notice in writing, require—

immediately or, if a time and place at which the books are

to be produced are specified in the notice, at that time and

place such books relating to affairs of the association as

are specified by the authorised person; or

agent, banker, solicitor, auditor or other person acting in

any capacity for, or on behalf of, an incorporated

association (including an association that is in the course

of being wound up or has been dissolved) to produce to the

authorised person immediately such books relating to affairs

of the association as are specified by the authorised

person; or

books relating to affairs of an incorporated association

(including an association that is in the course of being

wound up or has been dissolved) that are in the custody or

under the control of that person.

exercises a power under this Division to require another person to

produce books—

(i)may take possession of the books and may make copies of, or take

extracts from, the books; and

(ii)may require the other person, or any person who was party to

the compilation of the books, to make a statement

providing any explanation that the person concerned is

able to provide as to any matter relating to the

compilation of the books or as to any matter to which

the books relate; and

(iii)may retain possession of the books for such period as is

necessary to enable the books to be inspected, and

copies of, or extracts from, the books to be made or

taken, by or on behalf of the Commission; and

(iv)during that period must permit a person who would be entitled

to inspect any one or more of the books if they were

not in the possession of the authorised person to

inspect that book or those books at any reasonable

time; or

the other person—

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(i)to state, to the best of his or her knowledge and belief, where

the books may be found; and

(ii)to identify the person who, to the best of his or her knowledge

and belief, last had custody of the books and to

state, to the best of his knowledge and belief, where

that person may be found.

(2) Where an authorised person exercises a power under this

Division to require another person to produce books that are

recorded, kept and reproduced by electronic means, the other person

may comply with the requirement to produce those books by providing

a printed reproduction of the information contained in the books.

(3) Where this Division confers a power on an authorised person

to require a person to produce books relating to affairs of an

incorporated association, the authorised person also has power to

require that person (whether or not he or she requires that person

to produce books and whether or not any books are produced pursuant

to such a requirement), so far as the other person is able to do

so, to identify property of the association and explain the manner

in which the association has kept account of that property.

compliance with a direction or requirement given or made under this

Division.

a duly qualified legal practitioner in respect of a book;

and

behalf of the legal practitioner, or to the legal

practitioner, in his or her capacity as such,

the legal practitioner is entitled to refuse to comply with the

requirement unless the person to whom, or by or on behalf of whom,

the communication was made agrees to the legal practitioner

complying with the requirement but, where the legal practitioner so

refuses to comply with a requirement, he or she must immediately

furnish, in writing, to the authorised person—

or by or on behalf of whom, the communication was made—that

name and address; and

book, containing the communication.

Maximum penalty:$5 000.

(2) Where—

requires a duly qualified legal practitioner to make a

statement providing an explanation as to any matter relating

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to the compilation of books or as to any matter to which any books

relate; and

without disclosing a privileged communication made by or on

behalf of the legal practitioner, or to the legal

practitioner, in his or her capacity as such,

the legal practitioner is entitled to refuse to comply with the

requirement, except to the extent that he or she is able to comply

with the requirement without disclosing any privileged

whom, or by or on behalf of whom, the communication was made agrees

to the legal practitioner complying with the requirement but, where

the legal practitioner so refuses to comply with a requirement, he

or she must immediately furnish, in writing, to the authorised

person—

or by or on behalf of whom, the communication was made—that

name and address; and

to identify the document containing the communication.

Maximum penalty:$5 000.

fail to comply with a requirement made under this Division.

prescribed association—$5 000; or

(2) A person must not, in purported compliance with a requirement

made under this Division, furnish information or make a statement

that is false or misleading in a material particular.

prescribed association—$5 000; or

(3) It is a defence to a prosecution for an offence against this

section if the defendant proves that he or she believed on

reasonable grounds that the information or statement was true and

was not misleading.

(4) A person must not, without reasonable excuse, obstruct or

hinder the Commission or another person in the exercise of any

power under this Division.

prescribed association—$5 000; or

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an explanation as to any matter relating to the compilation of any

books or as to any matter to which any books relate pursuant to a

requirement made of him or her in accordance with this Division on

the ground that the statement might tend to incriminate him or her

but, where the person claims before making a statement that the

statement might tend to incriminate him or her, the statement is

not admissible in evidence against him or her in criminal

proceedings other than proceedings under section 14.

(2) Subject to subsection (1), a statement made by a person in

compliance with a requirement made under this Division may be used

in evidence in any criminal or civil proceedings against that

person.

books under this Division and a person has a lien on the books, the

production of the books does not prejudice the lien.

granted to him or her pursuant to this Act, acquires information

must not, except to the extent necessary to perform his or her

official duties or to perform a function or exercise a power

authorised by this Act, make a record of, or divulge or make use of

in any other way, the information acquired.

Maximum penalty:$10 000.

(2) Notwithstanding subsection (1), a person is not guilty of an

offence if he or she—

proceedings or proceedings taken under this or any other

Act; or

under his or her notice in the performance of his or her

official duties or in the performance of a function or

exercise of a power referred to in subsection (1); or

in the opinion of the Commission, it is in the public

interest that the document be produced or the information be

divulged; or

permitted by any other Act to be produced or divulged, as

the case may be.

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or

or the arts; or

promoting the interests of persons who suffer from a

particular physical, mental or intellectual disability; or

community centre, or promoting the interests of a local

community or a particular section of a local community; or

environmental, historical or cultural heritage of the State;

or

of an educational institution; or

payment of superannuation or retiring benefits to the

members of any organisation or the employees of any body

corporate, firm or person; or

are engaged in, or interested in, a particular business,

trade or industry; or

is, subject to this Act, eligible to be incorporated under this

Act.

(2) Subject to subsection (4), an association of the kind

otherwise approves, eligible to be incorporated under this Act.

(3) Subject to subsection (4), an association which is formed for

the purpose of furthering or protecting the interests of employers

or employees and which is eligible for registration under the

otherwise approves, eligible to be incorporated under this Act.

(4) Subsections (2) and (3) do not apply to an association that

was, immediately before the commencement of this Act, an

association incorporated under the repealed Act.

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(5) Subject to subsection (6), an association of which—

for the members of the association or any of those members;

or

commerce,

is not, unless the Commission otherwise approves, eligible to be

incorporated under this Act.

(6) An association is not, for the purposes of this Act, to be

regarded as having as a principal or subsidiary object the securing

of a pecuniary profit for its members or any of its members or

engaging in trade or commerce by reason only of any one or more of

the following circumstances:

that profit or any part of it is or is to be divided among

or received by the members or any of them otherwise than in

accordance with section 55; or

or services where those transactions are ancillary to the

principal objects of the association and, in the case of

transactions with non-members (other than spouses, children

or parents of members), the transactions—

(i)are not substantial in number or value in relation to the other

activities of the association; or

(ii)are intended to provide financial support to the association in

a manner that is directly related to the objects of

the association; or

(iii)consist in the charging of admission fees to functions

organised for the promotion of the objects of the

association; or

trade, business, industry or calling in which the members

are engaged or interested, if the association itself does

not engage or take part in any such activity; or

prizes in contests directly related to the objects of the

association.

(7) An approval of the Minister or the Commission under this

section may be given on such conditions as the Minister or the

Commission thinks fit.

must be made to the Commission in the prescribed manner and form by

a person duly authorised by the association to apply for

incorporation.

(2) The application must be accompanied by—

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(i)that he or she is authorised by the association to apply for

registration; and

(ii)the particulars contained in the application; and

(iii)that the copy of the rules of the association which

accompanies the application is a true copy; and

(i)which is referred to in the rules of the association; or

(ii)upon which any rule of the association relies for its

operation; and

creation or establishment of a trust of which the

association is intended to be the trustee—

(i)where the contemplated trust is referred to in the rules of the

association; or

(ii)where any rule of the association relies on the contemplated

trust for its operation; and

this Part, the Commission is satisfied—

Act; and

of this Act; and

(i)is not such as to be misleading as to the nature, objects or

purposes of the association; and

(ii)is not such as is likely to be confused with the name of any

other body corporate or any registered business name;

and

(iii)is not undesirable as a name for an incorporated association;

and

(iv)conforms with any direction of the Minister relating to the

names of incorporated associations,

the Commission must, subject to subsection (2), register the rules

of the association and issue to the association a certificate of

incorporation.

(2) The Commission may—

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opinion, it would be more appropriate for its activities to

be carried on by a body corporate incorporated under some

other Act; or

association under this Act if, in its opinion, the

incorporation of the association under this Act would not be

in the public interest.

(3) Upon incorporation under this section—

(i)with perpetual succession and a common seal; and

(ii)with a corporate name as set out in the certificate of

incorporation (in which the word "Incorporated" must

appear as part, and at the end, of the name); and

behalf of the association is vested in and held by the

incorporated association (subject to any trusts that may

affect that property); and

the association immediately before the incorporation of the

association become rights and liabilities of the

incorporated association.

(4) The Registrar-General must—

estate or interest in land has vested by virtue of this

section; and

documents as the Registrar-General may require,

register the vesting of that estate or interest in land in the

association.

on a member, except as may be provided by the rules of the

association, any right, title or interest in any real or personal

property of the association.

(2) Except as may be provided by the rules of the association, a

member of an association is not liable to contribute towards the

payment of the debts and liabilities of the association or the

costs, charges and expenses of a winding up of the association.

(3) Subsection (2) does not apply in respect of debts or

liabilities incurred by or on behalf of the association prior to

incorporation.

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to amalgamate; and

incorporated association.

(2) An application under subsection (1)—

by each of the incorporated associations supporting the

amalgamation; and

proposed to be formed by the amalgamation; and

establishing a trust—

(i)which is referred to in the rules of the association proposed to

be formed by the amalgamation; or

(ii)on which any rule of the association proposed to be formed by

the amalgamation relies for its operation; and

instrument prepared for the creation or establishment of a

trust of which the association proposed to be formed by the

amalgamation is intended to be the trustee—

(i)where the contemplated trust is referred to in the rules of the

association proposed to be formed by the amalgamation;

or

(ii)where any rule of the association proposed to be formed by the

amalgamation relies on the contemplated trust for its

operation; and

may be prescribed; and

(3) A party to an application under this section must, at the

request of the Commission, supply it with such further documents or

information as the Commission may require.

(4) Where the Commission is satisfied—

is eligible to be incorporated under this Act; and

of this Act; and

(i)is not such as to be misleading as to the nature, objects or

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purposes of the association; and

(ii)is not such as is likely to be confused with the name of any

other body corporate or any registered business name;

and

(iii)is not undesirable as a name for an incorporated association;

and

(iv)conforms with any direction of the Minister relating to the

names of incorporated associations,

the Commission must, subject to subsection (5), register the rules

of the association and issue to the association a certificate of

incorporation.

(5) The Commission may—

in its opinion, it would be more appropriate for its

activities to be carried on by a body corporate incorporated

under some other Act; or

association under subsection (4) if, in its opinion, the

incorporation of the association under this Act would not be

in the public interest.

(6) Upon incorporation of an association under subsection (4)—

(i)with perpetual succession and a common seal; and

(ii)with a corporate name as set out in the certificate of

incorporation (in which the word "Incorporated" must

appear as part, and at the end, of the name); and

for amalgamation is dissolved; and

application for amalgamation becomes the property of the

incorporated association formed by the amalgamation (subject

to any trusts that may affect that property); and

the associations that were parties of the application for

amalgamation become rights and liabilities of the

incorporated association formed by the amalgamation.

(7) The Registrar-General must—

estate or interest in land has vested by virtue of this

section; and

documents as the Registrar-General may require,

register the vesting of that estate or interest in land in the

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association.

(8) A reference in a will or other instrument to an association

that is a party to an amalgamation under this section is, after the

amalgamation, to be construed (subject to any provision in the will

or other instrument to the contrary) as a reference to the

association formed by the amalgamation.

(9) Where property vests by virtue of this section in an

association, the vesting of the property, and any instrument

evidencing or giving effect to that vesting, are exempt from stamp

duty.

association and all members of the association.

(2) The reference in this section to the rules of an association

extends to rules, by-laws or ordinances of the association relating

to any matter.

and

inconsistent with this Act; and

deal with the following matters with sufficient

particularity and certainty having regard to the nature and

objects of the association:

(i)membership in the case of an association that has members;

(ii)the powers, duties and manner of appointment of the committee

of the association;

(iii)the appointment of an auditor in the case of an association

that is a prescribed association;

* * * * * * * * * *

(v)the calling of and procedure at general meetings;

(vi)who has the management and control of the funds and other

property of the association;

(vii)the powers of the association and by whom and in what manner

they may be exercised;

(viii)the manner in which the rules of the association may be

altered;

(ix)any other matter prescribed by regulation.

(2) This section applies only to rules, or an alteration to

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rules, submitted to the Commission for registration after the

commencement of this section.

may be made by a special resolution of the association unless other

provision is made in the rules of the association.

(2) An incorporated association must, within one month after

making an alteration to a rule, register the alteration with the

Commission.

Maximum penalty:$1 250.

(3) An application for registration of a proposed alteration of

the rules of an incorporated association—

public officer verifying the alteration; and

(4) Subject to subsection (5), where the Commission is satisfied

that the proposed alteration conforms with the requirements of this

Act, the Commission must register the alteration.

(5) Where an alteration to the rules of an incorporated

association consists of or includes an alteration to the name of

the association—

satisfied that the name—

(i)is not such as to be misleading as to the nature, objects or

purposes of the association; and

(ii)is not such as is likely to be confused with the name of any

other body corporate or any registered business name;

and

(iii)is not undesirable as a name for an incorporated association;

and

(iv)conforms with any directions of the Minister as to the names of

incorporated associations; and

the association a new certificate of incorporation and make

an appropriate notation on the register of incorporated

associations.

(6) Subject to any provision in the rules of the association or a

resolution to the contrary, an alteration to the rules of an

incorporated association comes into force at the time that the

alteration is passed.

(7) Notwithstanding subsection (6), an alteration to the name of

an incorporated association does not come into force until the

alteration is registered by the Commission in accordance with this

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section.

on the application of the association, by the Supreme Court.

(2) Where the rules of the incorporated association provide for

the membership of the association, a meeting of the members must be

held, before an application is made under this section, to explain

the purposes of the proposed application and seek the views of the

members in relation to the proposed application.

(3) Notice of an application under this section must be given as

the Supreme Court directs.

(4) The Supreme Court may, on application under this section,

order that the rules of an incorporated association be varied in a

manner the Court thinks fit, if it is satisfied that—

and

(i)is consistent with the objects of the association; and

(ii)will not prejudice any member of the association; and

(iii)is justified in the circumstances of the particular case.

(5) Before making an order under this section the Supreme Court

must have regard to any views expressed by members of the

association in relation to the proposed variation at a meeting held

in accordance with subsection (2).

(6) The Commission is entitled to appear and be heard in relation

to an application under this section.

association may, subject to this Act and its rules—

property; and

(i)in any security in which trust moneys may, by Act of Parliament,

be invested; or

(ii)in any other manner authorised by the rules of the association;

and

thinks fit; and

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the association as the association thinks fit; and

its behalf; and

desirable.

association as follows:

required to be in writing under seal may be made by the

incorporated association under its common seal;

required to be in writing signed by the parties to be

charged may be made on behalf of the association in writing

by any person acting under its authority, express or

implied;

valid although made by parol only may be made by parol on

behalf of the association by any person acting under its

authority, express or implied.

(2) A contract may be varied or rescinded by or on behalf of an

incorporated association in the same manner as it is authorised to

be made.

invalid by reason of any deficiency in the capacity of the

association to enter into, or carry out, the contract unless the

person contracting with the association has actual notice of the

deficiency.

(2) An incorporated association that enters into a contract that

would, but for the provisions of subsection (1), be invalid is

empowered to carry out the contract.

(3) This section does not prejudice an action by a member of an

incorporated association to restrain the association from entering

into or carrying out a transaction that lies beyond the powers

conferred on the association by this Act or its rules.

incorporated association, or an agent of an incorporated

association, has notice of the rules of the association, or of any

other document registered by, or lodged with, the Commission in

relation to the association.

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of an incorporated association power to administer the affairs of

the association constitute, for the purposes of this Act, the

committee of the association.

(2) No person is to be precluded from being appointed as a member

of the committee of an incorporated association by reason only of

the fact that he or she is a member of a class of persons for whose

benefit the association is established.

(3) Subject to the rules of the association, no employee of an

incorporated association is to be precluded by reason of that

employment from being appointed as a member of the committee of the

association.

not, without leave of the Commission, be a member of the committee

of an incorporated association, or be in any way (whether directly

or indirectly) concerned in or take part in the management of an

incorporated association.

Maximum penalty:$5 000.

(2) A person who has been convicted within or outside the State—

formation or management of a body corporate; or

conviction by imprisonment for a period of not less than

three months; or

(i)an offence against section 39A; or

(ii)an offence against a provision applied by section 41B; or

(iii)an offence against section 60,

must not, within a period of five years after his or her conviction

or, if he or she was sentenced to imprisonment, after his or her

release from prison, without leave of the Commission, be a member

of the committee of an incorporated association, or be in any way

(whether directly or indirectly) concerned in or take part in the

management of an incorporated association.

Maximum penalty:$5 000.

(3) When granting leave under this section, the Commission may

impose such conditions or limitations as it thinks fit and any

person contravening or failing to comply with any such condition or

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limitation that is applicable to him or her is guilty of an

offence.

Maximum penalty:$5 000.

(4) The Commission may, at any time, revoke leave granted by it

under this section.

who has any direct or indirect pecuniary interest in a contract, or

proposed contract, with the association—

disclose the nature and extent of his or her interest to the

committee; and

the contract at the next annual general meeting of the

association (if an annual general meeting is required to be

held by the association).

Maximum penalty:$5 000.

(2) Subsection (1) does not apply in respect of a pecuniary

interest that exists only by virtue of the fact—

association; or

persons for whose benefit the association is established; or

common with all or a substantial proportion of the members

of the association.

(3) Where 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 be disclosed under this section—

any ground arising from the fiduciary relationship between

the member and the association; and

contract.

who has any direct or indirect pecuniary interest in a contract, or

proposed contract, with the association must not take part in any

decision of the committee with respect to that contract (but may,

subject to complying with the provisions of this Division, take

part in any deliberations with respect to that contract).

Maximum penalty:$5 000.

(2) Subsection (1) does not apply in respect of a pecuniary

interest—

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committee is a member of a class of persons for whose

benefit the association is established; or

substantial proportion of the members of the association.

* * * * * * * * * *

* * * * * * * * * *

in such a manner as will enable—

fairly the results of the operations of the association; and

audited in accordance with this Division.

Maximum penalty:$5 000.

(2) A prescribed association must, after the end of a financial

year of the association—

and

auditor, a firm of registered company auditors, a person who

is a member of the Australian Society of Certified

Practising Accountants or The Institute of Chartered

Accountants in Australia or such other person who may be

approved by the Commission as an auditor of the accounts of

the association for the purposes of this Division; and

on the accounts, a statement made in accordance with a

resolution of the committee of the association and signed by

two or more members of the committee—

(i)stating whether or not—

(A)the accounts present fairly the results of the operations of the

association for the financial year and the state

of affairs of the association as at the end of

the financial year; and

(B)the committee has reasonable grounds to believe that the

association will be able to pay its debts as and

when they fall due; and

(ii)giving particulars—

(A)of any body corporate that is a subsidiary of the association

within the meaning of section 46 of the

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(B)of any trust of which the association is a trustee.

Maximum penalty:$5 000.

(3) A prescribed association will not be taken to have complied

with subsection (2) unless the accounts prepared for a financial

year are submitted to the auditor in sufficient time to enable the

auditor to audit the accounts and furnish a report in respect of

the accounts in accordance with section 37(3).

(4) A person who is—

of a prescribed association, may not be appointed as auditor of the

accounts of the association for the purposes of this section.

(5) The committee of a prescribed association must cause a report

of the committee to be made in accordance with a resolution of the

committee and signed by two or more members of the committee,

stating in relation to each officer of the association—

relate—

(i)the officer; or

(ii)a firm of which the officer is a member; or

(iii)a body corporate in which the officer has a substantial

financial interest,

has received or become entitled to receive a benefit as a result of

a contract between the officer, firm or body corporate and

the association, and if so the general nature of the

benefit;

relate, the officer has received directly or indirectly from

the association any payment or other benefit of a pecuniary

value, and if so the general nature and extent of that

benefit.

(6) The committee of a prescribed association that has members

must cause—

subsection (5),

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to be laid before the members of the association at the annual

general meeting of the association or, if an annual general meeting

is not to be held, within five months of the end of the financial

year to which the accounts relate.

(7) A member of the committee of an association who fails to take

all reasonable steps to comply with or secure compliance with this

section is guilty of an offence.

deceive or defraud the association,

creditors of the association or

creditors of any other person or for any

fraudulent purpose—$20 000 or

imprisonment for four years; or

such periodic returns, containing accounts and other information

relevant to the affairs of the association, as the regulations may

require.

(2) The requirements of the regulations in relation to periodic

returns and the accounts and other information to be contained in

them may vary according to the various classes of associations to

which the regulations are expressed to apply but no such regulation

may require the disclosure of the identity of members of the

association.

(3) If a prescribed association fails to comply with subsection

(1), the association is guilty of an offence.

Maximum penalty:$5 000.

access at all reasonable times to the accounting records and other

records of the association and is entitled to require from any

officer of the association such information and explanations as he

or she desires for the purposes of an audit.

(2) An officer of a prescribed association must not, without

lawful excuse—

for the purposes of this Division, to any accounting records

and other records of the association in his or her custody

or control; or

when required by the auditor; or

performance of his or her duties or the exercise of his or

her powers as auditor.

Maximum penalty:$1 250.

(3) The auditor of a prescribed association must furnish to the

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committee of the association, in sufficient time to enable the

committee to comply with section 35(6), a report that states—

expenditure and a balance sheet, whether or not the auditor

is satisfied that these accounts are drawn up so as to

present fairly—

(i)the results of the association's activities for the

association's financial year; and

(ii)the financial state of the association at the end of the

association's financial year; and

payments and a statement of assets and liabilities, whether

or not the auditor is satisfied that these accounts present

fairly—

(i)the results of the association's activities for the

association's financial year; and

(ii)the financial state of the association at the end of the

association's financial year,

notwithstanding that the accounts may not have been prepared on the

accrual method of accounting; and

reports of—

(i)each body corporate that is a subsidiary of the association

(ii)each trust of which the association is a trustee,

and the conclusions drawn from the examination; and

* * * * * * * * * *

explanations that he or she required from the association.

(4) If, in the course of performing his or her duties, an auditor

of a prescribed association is satisfied that—

to comply with, a provision of this Act or a rule of the

association; or

in respect of the activities of the association that, in the

auditor's opinion, will not be adequately dealt with by

bringing the matter to the notice of the committee of the

association,

the auditor must immediately report the matter to the Commission by

notice in writing.

(5) If an auditor is removed or dismissed as auditor of a

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prescribed association, the auditor must immediately report the

matter of his or her removal or dismissal and the circumstances of

the removal or dismissal to the Commission by notice in writing.

(6) An auditor of a prescribed association is not, in the absence

of malice on his or her part, liable to any action for defamation

in respect of any statement that he or she makes, orally or in

writing, in the course of performing his or her duties as an

auditor under this Act.

(7) In subsection (6)—

the auditor of a prescribed association.

(8) Subsection (6) does not limit or affect any right, privilege

or immunity that an auditor has, apart from that subsection, as a

defendant in an action for defamation.

prescribed association are payable by the association.

incorporated association to which this Division applies, or on its

own motion, exempt an association from the obligation to comply

with one or more provisions of this Division.

(2) An exemption under subsection (1) may be granted upon such

conditions as the Commission thinks fit and may, at any time, by

instrument in writing, be varied or revoked by the Commission.

hold an annual general meeting within five months after the end of

the financial year of the association.

(2) A prescribed association may hold its first annual general

meeting at any time within the period of 18 months after its

incorporation.

* * * * * * * * * *

(4) The Commission may, on the written application of a

prescribed association, or on its own motion, exempt an association

from the obligation to comply with a requirement of this section.

(5) An exemption under subsection (4) may be granted upon such

conditions as the Commission thinks fit and may, at any time, by

instrument in writing, be varied or revoked by the Commission.

(6) This section does not apply to an incorporated association

where the rules of the association do not provide for the

membership of the association.

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the exercise of his or her powers or the discharge of the duties of

his or her office, commit an act with intent to deceive or defraud

the association, members or creditors of the association or

creditors of any other person or for any fraudulent purpose.

Maximum penalty:$20 000 or imprisonment for four years.

(2) An officer or employee of an incorporated association, or

former officer or employee of an incorporated association, must not

make improper use of information acquired by virtue of his or her

position in the 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

association.

Maximum penalty:$20 000 or imprisonment for four years.

(3) An officer or employee of an incorporated association must

not make improper use of his or her position as such an officer or

employee 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 association.

Maximum penalty:$20 000 or imprisonment for four years.

(4) An officer of a prescribed association must at all times act

with reasonable care and diligence in the exercise of his or her

powers and the discharge of the duties of his or her office.

Maximum penalty:$1 250.

(5) A person who contravenes a provision of this section is

liable to the association for any profit made by him or her and for

any damage suffered by the association as a result of that

contravention.

incorporated association or in a contract with the association or

otherwise, exempting any officer or auditor of the association

from, or indemnifying him or her against, any liability to the

association that by law would otherwise attach to him or her in

respect of any negligence, default, breach of duty or breach of

trust of which he or she may be guilty in relation to the

association, is void.

(2) Notwithstanding anything in this section, an incorporated

association may, pursuant to its rules or otherwise, indemnify an

officer or auditor against any liability incurred by him or her in

defending any proceedings, whether civil or criminal, in which

judgment is given in his or her favour or in which he or she is

acquitted.

(3) Subsection (1) does not apply in respect of a contract of

insurance.

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records as correctly record and explain the transactions of the

association and the financial position of the association.

(2) The accounting records must be kept at the place at which the

association is situated or established within the State or in the

custody of an officer of the association in accordance with its

rules or a resolution of the committee of the association.

(3) If an incorporated association fails to comply with

subsection (1), the association and any officer of the association

who is in default are each guilty of an offence.

prescribed association—$2 500; or

District Court for an order authorising an inspection of the

association's books on behalf of the member by a person authorised

under this Act to audit the accounts of a prescribed association or

a legal practitioner.

(2) If the Court is satisfied that—

the Court may make an order authorising a person authorised under

this Act to audit the accounts of a prescribed association or a

legal practitioner, at a time specified in the order, to inspect

and make copies of or take extracts from the association's books.

(3) The Court may, on an application under this section, make

such further or other orders as it thinks fit, including an order

for costs.

any power of adjudication that it may have in relation to a dispute

between its members, or a dispute between itself and members of the

association, the rules of natural justice must be observed.

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Corporations legislation matter for the purposes of Part 3 of the

the following modifications:

the succeeding provisions of this Part; and

prescribed by the regulations.

Corporations legislation matter for the purposes of Part 3 of the

provisions of Part 5.3A and Division 3 of Part 5.9 of the

modifications:

the succeeding provisions of this Part; and

prescribed by the regulations.

incorporated association may be wound up—

the Minister.

(2) An incorporated association is declared to be an applied

Corporations legislation matter for the purposes of Part 3 of the

provisions of Parts 5.4B, 5.5, 5.6, Divisions 1 and 2 of Part 5.7B,

of the Commonwealth, subject to the following modifications:

the succeeding provisions of this Part; and

prescribed by the regulations.

(3) The grounds on which an incorporated association may be wound

up by the Supreme Court are as follows:

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it be wound up by the Court; or

(i)the association has not commenced any activity or function; and

(ii)more than one year has elapsed since the date of its

incorporation; or

the affairs of the association in their own interests rather

than in the interests of the members as a whole, or in any

other manner whatsoever that appears to be unfair or unjust

to other members; or

that is oppressive or unfairly prejudicial to, or unfairly

discriminatory against, a member or members or in a manner

that is contrary to the interests of the members as a whole;

or

behalf of the association was or would be oppressive or

unfairly prejudicial to, or unfairly discriminatory against,

a member or members or was or would be contrary to the

interests of the members as a whole; or

that the association be wound up.

(4) For the purposes of subsection (3), if—

is indebted in a sum exceeding $1 000 then due, has served

on the association a demand, signed by or on behalf of the

creditor, requiring the association to pay the sum so due

and the association has, for three weeks after service of

the demand, failed to pay the sum or secure or compound for

it to the reasonable satisfaction of the creditor; or

of any court in favour of a creditor of the association is

returned unsatisfied in whole or in part; or

prospective liabilities of the association, is satisfied

that the association is unable to pay its debts,

the association is to be taken to be unable to pay its debts.

(5) Where an application has been filed with the Court for the

winding up of an incorporated association on the ground that it is

unable to pay its debts, the association is not, without the leave

of the Court, entitled to resolve that it be wound up voluntarily.

(6) Subject to subsection (5), an incorporated association may,

by a special resolution, resolve that it be wound up voluntarily.

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(7) The grounds on which the Commission may issue a certificate

for the winding up of an incorporated association are as follows:

condition imposed in relation to the association by the

Commission or the Minister under this Act;

mistake or fraud;

breach of this Act or the rules of the association, failed,

within the time referred to in the notice, to remedy the

breach;

being given by the Commission under section 42, requested

the Commission to transfer its undertaking to another body

corporate;

(8) For the purposes of this Act, the winding up of an

incorporated association on the certificate of the Commission

commences on application to the Supreme Court by the Commission and

lodgment with the Court of a copy of the certificate and is to

proceed as if the association had by special resolution resolved

that it be wound up by the Court.

(9) The Supreme Court may, on an order being made for the winding

up of an incorporated association by the Court (including a winding

up on the certificate of the Commission), if the Commission

nominates a person who is not a registered company liquidator for

appointment as the liquidator of the association, appoint the

person so nominated as the liquidator of the association.

(10) The Commission may, in relation to the voluntary winding up

of an incorporated association, approve the appointment of a person

who is not a registered company liquidator as the liquidator of the

association.

(11) The reasonable costs of a winding up are payable out of the

property of the association.

incorporated association;

association,

may appeal to the Supreme Court in respect of that act, omission or

decision.

(2) The Court may, on an appeal pursuant to subsection (1),

confirm, reverse or modify the act or decision, or remedy the

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omission, as the case may be, and make such orders and give such

directions as it thinks fit.

Supreme Court—

the order for winding up was made or any earlier date

specified by the liquidator) must submit a report to the

liquidator in the prescribed form within 14 days after the

making of the winding up order; and

received notice in writing from the liquidator must submit a

report to the liquidator, containing the information

specified in the notice, within 14 days of service of the

notice.

(2) A liquidator must, within seven days after receiving a report

under this section, lodge a copy of that report with the Supreme

Court and the Commission.

(3) On application by a committee or person required to submit a

report under this section, the liquidator may, if satisfied that

special reasons exist, extend the time for submitting that report.

(4) The liquidator must, as soon as practicable, notify the

Commission of any extension of time granted under subsection (3).

(5) A person who fails to comply with a requirement of subsection

(1), (2) or (4) is guilty of an offence.

Maximum penalty:$5 000.

(6) The liquidator must reimburse a person who has made a report

under this section, out of the property of the association, for the

reasonable costs of making the report.

association voluntarily, a majority of the members of the committee

may make a written declaration to the effect that they have made an

inquiry into the affairs of the association and that, at a meeting

of the committee, they have formed the opinion that the association

will be able to pay its debts in full within a period not exceeding

12 months after the commencement of the winding up.

(2) A declaration made under this section must be made and lodged

with the Commission before the date on which notices of the meeting

at which the resolution for winding up is to be proposed are sent

out, or at a later date approved by the Commission.

(3) A statement showing the affairs of the association, in the

form prescribed by the regulations, must be attached to a

declaration under this section.

(4) A declaration under this section has no effect unless—

period of five weeks after the making of the declaration or

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within any further period approved by the Commission (whether

approved before or after the end of that five week period);

and

(5) A member of the committee who makes a declaration under this

section (including a declaration that has no effect in accordance

with subsection (4)) without having reasonable grounds for the

opinion stated in the declaration is guilty of an offence.

Maximum penalty:$5 000 or imprisonment for one year.

(6) If the association is voluntarily wound up within the period

of five weeks after the making of the declaration or a further

debts are not paid or provided for in full within the period stated

in the declaration, it will be presumed, unless the contrary is

shown, that a member of the committee who made the declaration did

not have reasonable grounds for his or her opinion.

association is to be held in accordance with Division 3 of Part 5.5

the incorporated association by virtue of this Part, the committee

of the association must—

form prescribed by the regulations, and verified by all

members of the committee, as to the affairs of the

association, made up to the latest practicable date before

the notices of the meeting of creditors were sent; and

creditors.

must attend the meeting of creditors and disclose to the meeting

the affairs of the association and the circumstances leading up to

the proposed winding up.

(3) The committee must, not later than seven days after the

of creditors, lodge a copy of the report with the Commission.

(4) If a committee or a committee member fails to comply with a

requirement of this section, each committee member or that

particular committee member (as the case may be) is guilty of an

offence.

Maximum penalty:$5 000.

an incorporated association by virtue of this Part, is guilty of an

offence.

Maximum penalty:$5 000 or imprisonment for 1 year.

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eligible to be incorporated under this Act; or

association are being carried on by a body corporate

incorporated under some other Act, or would more

appropriately be carried on by such a body corporate,

it may give notice to the association under this section.

(2) If, within three months of the date of a notice under

subsection (1), the incorporated association requests the

Commission to transfer its undertaking to a body corporate

specified in the request, the Commission may, by instrument

association be transferred accordingly.

(3) On the date specified in the order under subsection (2)—

corporate referred to in the order; and

or contingent) become rights and liabilities of the body

corporate referred to in the order.

(4) The Registrar-General must—

interest in real property has vested by virtue of this

section; and

documents as the Registrar-General may require,

register the vesting of that estate or interest in land in the body

corporate.

(5) The vesting of property in a body corporate by virtue of this

section, and any instrument evidencing or giving effect to that

vesting, are exempt from stamp duty.

distribute among members, former members or associates of members

or former members of an incorporated association any surplus assets

available for distribution at the completion of the winding up of

the association under this Part.

(1a) The surplus assets of an incorporated association may, with

the consent of the Commission, be distributed among the members of

the association if each of the members of the association is also

an incorporated association that has identical or similar aims and

objects.

(2) Subject to this section and any order of the Supreme Court,

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the surplus assets of an incorporated association are, on a winding

up of the association, to be distributed in accordance with—

distribution of the surplus assets—a special resolution of

the association.

(3) The Supreme Court may, on the application of the Commission,

a liquidator or a member of an incorporated association, determine

how surplus assets of the association are to be distributed on a

winding up.

(4) The Court must, in determining how the surplus assets of an

association are to be distributed, have regard to the objects of

the association and any relevant provisions of the rules of the

association.

(5) In this section—

association, means those assets that remain after the liabilities

of the association have been discharged and the costs and

expenses of the winding up have been paid.

incorporated association that has surplus assets of a value not

exceeding the prescribed amount may apply to the Commission, in the

form prescribed by the regulations, for deregistration of the

association.

(2) Where it is impracticable for an incorporated association to

authorise a person to make an application under this section

because the association no longer has an active membership, the

Commission may accept an application signed by not less than two

people each of whom is—

interest in the application.

(3) An application under this section must be accompanied by—

association has no liabilities and is not a party to any

legal proceedings; and

association's surplus assets (or, where distribution has

already occurred, setting out the basis on which that

distribution was made); and

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(4) A party to an application under this section must, at the

request of the Commission, supply it with such further documents or

information as the Commission may require.

(5) Where an incorporated association making an application under

this section does not have any valid rules governing the

distribution of surplus assets on deregistration, the two people

making an application under subsection (2) may request that the

Commission approve the manner or proposed manner of distribution.

(6) The Commission must, in approving a manner of distribution of

surplus assets of an incorporated association, have regard to the

objects of the association and any relevant provisions of the rules

of the association.

(7) Within one month of the receipt of an application under this

section, the Commission must publish a notice, in a newspaper

circulating generally throughout the State, setting out the

prescribed particulars of the application and inviting members of

the public to make written submissions to the Commission, within

one month of the date of publication of the notice, in relation to

the application.

(8) In relation to an incorporated association that has not

distributed its surplus assets, the Commission may, but is not

obliged to, after the expiration of one month from the date of

publication of the notice under subsection (7), approve the

application for deregistration of the association if satisfied

that—

consistent with the requirements under section 43 in

relation to distribution of assets upon winding up or with

an approval of the Commission; and

of deregistration of the association.

(9) In relation to an incorporated association that has

distributed its surplus assets, the Commission must, after the

expiration of one month from the date of publication of the notice

under subsection (7) or after the receipt of evidence satisfactory

to the Commission as to the manner of distribution of surplus

assets (whichever is the later), approve the application for

deregistration of the association if satisfied that—

the requirements under section 43 in relation to

distribution of assets upon winding up or with an approval

of the Commission; and

of deregistration of the association.

(10) Within one month of an application under this section being

advising members of the public that the association named in the

notice was deregistered under this section on the date specified in

the notice.

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(10), the association named in the notice will be taken to be

dissolved.

(12) In this section—

incorporated association, means those assets that remain after

the liabilities of the association have been discharged and the

costs and expenses of deregistration have been paid.

incorporated association is defunct, it may, by notice served upon

the association or, where service cannot reasonably be effected in

accordance with this Act, by notice published in a daily newspaper

circulating generally throughout the State, require the association

to show good cause why the association should not be dissolved.

(2) If, upon the expiration of one month from giving notice under

subsection (1), the Commission is satisfied that the incorporated

association should be dissolved, it may, by notice published in the

incorporated association is dissolved.

(3) If the Commission is satisfied that an incorporated

association was dissolved as a result of an error on the part of

the Commission, the Commission may reinstate the association as an

incorporated association after which the association is to be taken

to have continued in existence as if it had not been dissolved and

any property which may have vested in the Commission under section

45 is revested in the association.

before or after the commencement of this Act), it is proved to the

satisfaction of the Commission—

equitably bound to carry out, complete or give effect to

some dealing, transaction or matter; and

dealing, transaction or matter, some purely administrative

act, not being of a discretionary kind, should have been

done by or on behalf of the association, or should be done

by or on behalf of the association if the association still

existed,

the Commission may, as representing the association or its

liquidator under the provisions of this section, do that act or

cause that act to be done.

(2) The Commission may execute or sign any relevant instrument or

document adding a memorandum stating that it has done so pursuant

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to this section, and any such execution or signature has the same

force, validity and effect as if the association, if it still

existed, had duly executed the instrument or document.

(2) Any estate or interest in outstanding property of an

association that is dissolved under this Act vests in the

Commission.

(3) In this section—

property, whether within or outside the State, which was vested

in the association, to which the association was entitled, or

over which the association had a disposing power, at the time

that the association was dissolved but which was not got in,

realised upon or otherwise disposed of or dealt with at that

time.

there is vested in it by force of section 45 any estate or interest

in property, whether solely or together with any other person, of a

beneficial nature and not merely held in trust, the Commission may

get in, sell or otherwise dispose of or deal with that estate or

interest, or any part of that estate or interest, as it sees fit.

(2) The power of the Commission under subsection (1) to sell or

otherwise dispose of or deal with any such estate or interest may

be exercised, either solely or together with any other person, by

public auction, public tender or private contract and in such

manner, for such consideration and upon such terms and conditions

as the Commission thinks fit, and includes power to rescind any

contract and resell or otherwise dispose of or deal with that

property as the Commission thinks expedient, and power to make,

execute, sign and give such contracts, instruments and documents as

the Commission thinks necessary.

(3) There is payable to the Commission in respect of the exercise

of the powers conferred upon the Commission by subsections (1) and

(2), out of any income derived from, or the proceeds of sale or

other disposition of, the estate or interest concerned, such

commission as is prescribed.

(4) The Commission may apply any moneys received by it in the

exercise of any power conferred on it by this section in defraying

the costs and expenses of and incidental to the exercise of that

power and pay the remainder (if any) of the moneys to the

Treasurer.

(5) The Treasurer must pay all moneys paid to him or her under

this section into the Consolidated Account.

(6) A person making a claim in respect of any money paid to the

Treasurer under subsection (4) may apply to the Supreme Court for

an order of payment of an amount to him or her and the Court, if

satisfied that an amount should be paid to him or her, must make an

order for the payment accordingly.

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(7) On the making of an order under subsection (6) for payment of

an amount to a person or where the Treasurer is otherwise of the

opinion that an amount should be paid to a person out of moneys

paid to the Treasurer under this section, the Treasurer must pay

that amount to that person out of moneys lawfully available for

that purpose.

is liable and subject to all charges, claims and liabilities

imposed on or affecting that property by reason of any laws as to

rates, taxes, charges or any other matter or thing to which the

property would have been liable or subject had the property

continued in the possession, ownership or occupation of the

association, but there is not to be imposed, on the Commission or

the Crown, any duty, obligation or liability whatsoever to do or

suffer any act or thing required by any such law to be done or

suffered by the owner or occupier other than the satisfaction or

payment of any such charges, claims or liabilities out of the

property of the association so far as it is, in the opinion of the

Commission, properly available for and applicable to such a

payment.

under its control or to its knowledge vested in it by force

of section 45 and of its dealings with that property; and

how they have been disposed of; and

that property and those moneys.

is to be removed from the register of incorporated associations.

up has been stayed or terminated;

since been terminated);

(2) For the purposes of this Division, an incorporated

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association will be taken to be defunct if, and only if, the

Commission has served or published notice in respect of the

association under section 44(1).

(3) For the purposes of this Division, an incorporated

association will be taken to be unable to pay its debts if, and

only if, execution or other process issued on a judgement, decree

or order of any court in favour of a creditor of the association is

returned unsatisfied in whole or in part.

(4) In this Division—

been or has been being wound up—the liquidator;

provisional liquidator has been appointed—the

provisional liquidator;

under administration—the administrator;

deed of arrangement—the deed's administrator;

unable to pay its debts—the Commission;

up or is being or has been being wound up—

(i)if, because of the application of Division 1A of Part 5.6 of the

applied by virtue of this Part, the winding up is

taken to have begun on the day when an order that

the association be wound up was made—the day on

which the application for the order was filed;

(ii)otherwise—the day on which the winding up is taken, because of

this Part, to have begun;

provisional liquidator has been appointed—the day on

which the provisional liquidator was appointed;

under administration—the day on which the

administration began;

deed of arrangement—the day on which the deed was

executed;

day on which notice was served or published under

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section 44(1);

its debts—the day on which execution or other process

was first returned unsatisfied in whole or in part in

respect of the association.

association to which this Division applies who—

fully and truly disclose to the appropriate officer—

(i)all the property of the association; and

(ii)how, to whom, for what consideration and when the association

disposed of any part of its property, except such part

as has been disposed of in accordance with the rules

of the association; or

appropriate officer directs—

(i)all the property of the association in the person's custody or

under the person's control and that the person is

required by law to deliver up; or

(ii)all documents in the person's custody or under the person's

control belonging to the association and that the

person is required by law to deliver up; or

or after that day—

(i)fraudulently concealed or removed any part of the association's

property to the value of $100 or more; or

(ii)concealed a debt due to or from the association; or

(iii)fraudulently parted with, altered or made any omission in, or

been privy to fraudulent parting with, altering or

making an omission in, a document affecting or

relating to affairs of the association; or

(iv)by a false representation or other fraud, obtained on credit

for or on behalf of the association, property that the

association has not subsequently paid for; or

(v)fraudulently pawned, pledged or disposed of property of the

association that has been obtained on credit and has

not been paid for; or

to the affairs of the association; or

person, fails for a period of one month to inform the

appropriate officer of the knowledge or belief; or

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the affairs of the association; or

after that day, has attempted to account for any part of the

association's property by making entries in the

association's documents showing fictitious transactions,

losses or expenses; or

after that day, has been guilty of any false representation

or other fraud for the purpose of obtaining the consent of

the association's creditors or any of them to an agreement

relating to the association's affairs or to the winding up,

commits an offence.

Maximum penalty:$10 000 or two years imprisonment.

(2) If a person pawns, pledges or disposes of property in

a person who takes in pawn or pledge or otherwise receives the

property knowing it to be pawned, pledged or disposed of in those

circumstances commits an offence.

Maximum penalty:$10 000 or two years imprisonment.

a incorporated association to which this Division applies,

during the whole or any part of the period of two years

immediately preceding the relevant day or the period between

the incorporation of the association and the relevant day,

whichever is the shorter; and

or became at a later time, an incorporated association to

which this Division applies,

a member of the committee of the association who failed to take all

reasonable steps to secure compliance by the association with the

provision throughout that period and any other officer of the

association who is in default each commit an offence.

prescribed association—$5 000 or one

year imprisonment; or

(2) It is a defence to proceedings against a person under this

section if it is proved that the person had reasonable grounds to

believe and did believe that a competent and reliable person was

charged with the duty of seeing that the requirements of section

39C were complied with and was in a position to discharge that

duty.

(3) A person who has been convicted of an offence under section

39C(3) constituted by a particular act, omission or course of

conduct (including a course of omissions) is not liable to be

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prosecuted for, or convicted of, an offence under this section

constituted by the same act, omission or course of conduct during

the same period or any part of it.

(i)there were reasonable grounds to expect that the incorporated

association will not be able to pay all its debts as

and when they become due; or

(ii)there were reasonable grounds to expect that, if the

incorporated association incurs the debt, it will not

be able to pay all its debts as and when they become

due; and

incurred, or becomes, at a later time, an incorporated

association to which this Division applies,

a person who was a member of the committee of the association, or

took part in the management of the association, at the time when

the debt was incurred commits an offence.

Maximum penalty:$5 000 or one year imprisonment.

(2) In any proceedings against a person under subsection (1) it

is a defence if proved—

implied authority or consent; or

have reasonable cause to expect—

(i)that the incorporated association would not be able to pay all

its debts as and when they became due; or

(ii)that, if the incorporated association incurred that debt, it

would not be able to pay all its debts as and when

they became due.

(3) Where—

making of a contract or the entering into of a transaction)

with intent to defraud creditors of the association or of

any other person or for any other fraudulent purpose; and

act, or becomes at a later time, an incorporated association

to which this Division applies,

a person who was knowingly concerned in the doing of the act with

that intent or for that purpose commits an offence.

Maximum penalty:$10 000 or two years imprisonment.

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(4) A certificate issued by a court stating that a person

specified in the certificate—

a debt specified in the certificate incurred by an

incorporated association so specified; or

an incorporated association specified in the certificate,

in the certificate.

(5) A document purporting to be a certificate issued under

subsection (4) will, unless the contrary is established, be deemed

to be such a certificate and to have been duly issued.

section 49AD may, on application by the Commission or the

liquidator of the incorporated association (if any), declare that

the person is personally responsible without any limitation of

liability—

payment to the incorporated association of an amount equal

to the whole of the debt to which the conviction relates or

such part of the debt as the court considers appropriate;

and

payment to the incorporated association of the amount

required to satisfy all or any of the association's debts,

as the court considers appropriate.

(2) A court that makes a declaration under this section may make

any consequential and ancillary orders and directions.

(3) This section has effect despite the fact that the person

concerned is criminally liable in relation to the matters on the

ground on which the declaration is made.

(4) On the hearing of an application under this section, the

applicant may give evidence or call witnesses.

association—

person to give credit to the association or to a related

body corporate; or

corporate, or members or creditors of the association or a

related body corporate, makes or purports to make, or causes

to be made or to be purported to be made, any gift or

transfer of, or charge on, or causes or connives at the

levying of any execution against, property of the

association or of a related body corporate; or

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corporate, or members or creditors of the association or of

a related body corporate, conceals or removes any part of

the property of the association or of a related body

corporate after, or within two months before, the date of

any unsatisfied judgement or order for payment of money

obtained against the association or a related body

corporate,

is guilty of an offence.

Maximum penalty:$10 000 or two years imprisonment.

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incorporated association, an officer of an incorporated

association, or a person authorised by an incorporated association

to make an application under this section—

whether or not the prescribed period has expired; or

association from the obligation to comply with any provision

of this Act.

(2) An application under subsection (1) may be granted by the

Commission on such conditions as it thinks fit.

(3) Where an incorporated association or an officer of an

incorporated association contravenes or fails to comply with a

condition imposed by the Commission under subsection (2), the

association or the officer (as the case may be) is guilty of an

offence.

prescribed association—$5 000; or

(4) The Commission may, at any time by instrument in writing,

revoke or vary an extension or exemption under subsection (1).

this Act incurs no liability for an honest act or omission in the

exercise or discharge or purported exercise or discharge of a

power, duty or function under this Act.

(2) A liability that would, but for subsection (1), lie against

the person lies against the Crown.

decision of the Commission under this Act may appeal to the

(2) An appeal under this section must be lodged with the Court

within 21 days after the act or decision being appealed against.

* * * * * * * * * *

(4) Where a decision of the Commission to cancel the

incorporation of a defunct association is reversed on appeal, the

Commission must restore the registration of the association under

this Act and, if the Court so orders, the incorporation of the

association is to be taken to have continued during the period of

deregistration.

(5) No appeal lies against a decision of the Court on an appeal

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under this section.

meetings of the committee to be entered in books kept for

that purpose; and

(i)confirmed by the members of the association present at a

subsequent meeting; and

(ii)signed by the member who presided at the meeting at which the

proceedings took place or by the member presiding at

the meeting at which the minutes are confirmed.

(2) If a prescribed association fails to comply with subsection

(1), the association and any officer of the association who is in

default are each guilty of an offence.

Maximum penalty:$2 500.

(3) A minute that is entered, confirmed and signed in accordance

with subsection (1) is, in the absence of proof to the contrary, to

be accepted as proof of the proceedings to which the minute

relates.

(4) Where minutes have been entered, confirmed and signed in

accordance with subsection (1), it is to be taken, in the absence

of proof to the contrary, that—

occurred during the meeting occurred; and

the minutes as having been made at the meeting were validly

made.

(5) The books containing the minutes of proceedings of any

general meeting or of a meeting of the committee of an incorporated

association must be kept by the association at the place at which

the association is situated or established or in the custody of an

officer of the association in accordance with its rules or a

resolution of the committee of the association.

(6) The books containing the minutes of proceedings of general

meetings must be made available for inspection by any member

without charge.

(7) If default is made in complying with subsection (5) or (6),

the incorporated association and any officer of the association who

is in default are each guilty of an offence.

prescribed association—$2 500; or

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* * * * * * * * * *

who is not a member of the association to invest or deposit money

with the association, unless—

association issues to the person a disclosure statement in

accordance with subsection (2); and

(2) For the purposes of this section, a disclosure statement must

set out—

the rules of the association; and

committee of the association; and

applied; and

of the deposits; and

(i)current assets and liabilities; and

(ii)other assets and liabilities; and

(iii)net tangible assets,

as at the association's last balance date and the amount of any

operating profit and extraordinary items after income tax

for the association's last financial year.

(3) Where a person invests or deposits money with an association

in response to an invitation made contrary to subsection (1), the

transaction is void.

(4) A person who invests or deposits money with an association

pursuant to a transaction that is void by virtue of subsection (3)

may recover that money from the association as a debt.

(5) Where a disclosure statement—

(i)that is false; or

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(ii)that is misleading in the form or context in which it is

included; or

any person who authorised or caused the disclosure statement to be

issued is guilty of an offence.

Maximum penalty:$5 000.

(6) It is a defence to a charge of an offence against subsection

(5)—

time of the issue of the disclosure statement believe, that

the statement was not false or misleading or that the

omission was immaterial; or

(7) For the purposes of subsection (5) a statement is to be

regarded as part of a disclosure statement if it is contained in

any report or memorandum that appears on the face of, or is issued

with, the disclosure statement, or is incorporated by reference in

the disclosure statement, whether the reference occurs in the

disclosure statement or in any other document.

(8) The approval of the Commission under subsection (1) may be

granted on such conditions as the Commission thinks fit and may, at

any time, by instrument in writing, be varied or revoked by the

Commission.

(9) This section does not apply to an invitation by an

association for the investment of money—

March 1985; or

the commencement of this section.

form, for reservation of a name for a proposed incorporated

association.

(2) The Commission may accept an application for reservation of a

name under this section if the Commission is satisfied that—

of names of associations applying for incorporation or

amalgamation.

(3) If the Commission accepts an application for reservation

under this section—

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period of three months from the date of acceptance of the

application; and

consent in writing of the applicant, accept any other

application for reservation of a name or register any

association under a name that is likely to be confused with

the reserved name.

(4) The Commission must maintain a register of names reserved

under this section.

(5) The Commission may cancel the reservation of a name under

this section at any time before the expiration of the three month

reservation period if—

not have been reserved; or

wishes the name to be reserved.

incorporated association must cause its name to be legibly printed,

stamped or endorsed on every notice, advertisement, bill of

exchange, receipt or other document given, published, drawn or

issued by the association.

Maximum penalty:$1 250.

association must not conduct its affairs in a manner calculated to

secure a pecuniary profit for the members of the association or any

of them, or for associates of the members or any of them.

(2) Unless the Commission otherwise approves, an incorporated

association must not make a payment from its income or capital, or

association or any of them, or to associates of the members or any

of them.

(3) Subsection (2) does not apply—

work done by the member for or on behalf of the association;

or

activities carried on by the association in accordance or

consistently with its objects.

(4) An officer of an incorporated association who is knowingly

concerned in or party to a contravention of subsection (1) or (2)

is guilty of an offence.

Maximum penalty:$5 000 or imprisonment for one year.

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(5) The approval of the Commission under this section may be

granted on such conditions as the Commission thinks fit and may, by

instrument in writing, be varied or revoked by the Commission.

(2) The public officer of an association must be a natural person

of or above the age of 18 years who is resident in the State.

(3) If the public officer of an incorporated association ceases

(otherwise than temporarily) to be resident in the State, he or she

ceases to be the public officer of the association.

(4) If an incorporated association is without a public officer

for a period longer than one month, the association is guilty of an

offence.

Maximum penalty:$1 250.

(5) An incorporated association must within one month after any

change in the identity or address of its public officer give notice

to the Commission containing prescribed particulars of the change.

Maximum penalty:$1 250.

(6) It is a defence to a charge of an offence against subsection

(4) or (5) for the association to prove that the matters alleged

against it did not arise from a failure by the association or its

committee to exercise proper diligence.

take all reasonable steps to secure compliance by the association

with its obligations under this Act, the officer is guilty of an

offence.

Maximum penalty:$1 250.

(2) If an incorporated association, or an officer of an

incorporated association, contravenes or fails to comply with a

condition imposed under this Act by the Commission or the Minister

in relation to the association, the association or the officer (as

the case may be) is guilty of an offence.

Maximum penalty:$1 250.

incorporated association who conceals, destroys, mutilates or

falsifies any books relating to or affecting the affairs of the

association is guilty of an offence.

Maximum penalty:$5 000 or one year imprisonment.

(2) Where matter that is used or intended to be used in

connection with the keeping of any books relating to or affecting

the affairs of an incorporated association is recorded or stored in

an illegible form by means of a mechanical device, an electronic

device or any other device, a person who—

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person knows to be false or misleading in a material

particular; or

by means of that device, or has been prepared for the

purpose of being recorded or stored, or for use in compiling

or recovering other matter to be recorded or stored by means

of that device; or

fails to record or store the matter by means of that device—

(i)with intent to falsify any entry made or intended to be

compiled, wholly or in part, from matter so recorded

or stored; or

(ii)knowing that the failure to so record or store the matter will

render false or misleading in a material particular

other matter so recorded or stored,

commits an offence.

Maximum penalty:$5 000 or one year imprisonment.

(3) It is a defence to a charge arising under this section if the

defendant proves that he or she acted honestly and that, in all the

circumstances, the act or omission constituting the offence should

be excused.

if the defendant proves that the offence was not committed

intentionally and did not result from any failure on the part of

the defendant to take reasonable care to avoid the commission of

the offence.

(2) Where a trust to which this section applies is varied or

revoked, the trustees of the trust must, not later than one month

after the variation or revocation (as the case may be) notify the

Commission of that variation or revocation.

Maximum penalty:$1 250.

or herself or any other person, falsely represent that a body is an

association incorporated under this Act.

Maximum penalty:$5 000.

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may apply to the Supreme Court or the Magistrates Court for an

order under this section on the ground that the association has

engaged, or proposes to engage, in conduct that is oppressive or

unreasonable.

(2) An application by a former member must be made within six

months of the cessation of the person's membership of the

association.

(3) A proceeding—

section; or

(4) The Court hearing a proceeding under this section may, if

satisfied that the association has engaged, or proposes to engage,

in conduct that is oppressive or unreasonable, make one or more of

the following orders:

in the future;

defend or discontinue specified proceedings, or authorising

a member of the association to institute, prosecute, defend

or discontinue specified proceedings in the name and on

behalf of the association;

or from doing a specified act or thing;

association;

to remedy any default, or to resolve any dispute.

(5) The Supreme Court may, in a proceeding under this section, if

it considers it appropriate to do so, make an order that the

association be wound up or an order appointing a receiver or a

receiver and manager of the property of the association.

(6) The Magistrates Court—

order appointing a receiver or a receiver and manager of the

property of an association; but

Court if—

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(i)the Magistrates Court has explored any possible avenues of

achieving a negotiated settlement and a negotiated

settlement has not occurred; and

(ii)it appears to the Magistrates Court that an order that the

association be wound up or an order appointing a

receiver or a receiver and manager of the property of

the association may be an appropriate order in the

proceeding.

(7) The Magistrates Court may, in a proceeding under this

section, on its own initiative or on an application by a party to

the proceeding—

the proceeding raises a complex question or matter of

general importance;

question of law for determination by the Supreme Court.

(8) Where a proceeding has been transferred under this section,

it may be continued and completed as if steps taken in the

proceeding prior to the transfer had been taken in the Court to

which it is transferred.

(9) The Supreme Court may not make an order under this section

that an association be wound up if it is of the opinion that the

winding up of the association would unfairly prejudice members

affected by conduct of the association that is oppressive or

unreasonable.

(10) If an order is made under this section that the association

be wound up, the provisions of this Act relating to the winding up

of an incorporated association apply, with such modifications,

additions or exclusions as may be necessary, as if the order had

been made on an application duly filed in the Supreme Court by the

association.

(11) If an order is made under this section appointing a receiver

or a receiver and manager of the property of the association, any

matter relevant to receivers or receivers and managers is declared

to be an applied Corporations legislation matter for the purposes

Commonwealth that are relevant to receivers or receivers and

managers, subject to such modifications (within the meaning of Part

prescribed by the regulations.

(12) The Magistrates Court and Supreme Court may decline to hear

a proceeding taken under this section if it considers that it would

be more appropriate for the matter in dispute to be dealt with in

another court or a tribunal constituted by law.

(13) If an order under this section makes any alteration to the

rules of an association, then, despite anything in any other

provision of this Act but subject to the provisions of the order,

the association does not have power, without the leave of the Court

that made the order, to make any further alteration to the rules

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inconsistent with the provisions of the order but, subject to this

section, the alteration has effect as if it had been duly made by

resolution of the association.

(14) An office copy of any order made on an application under

this section must be lodged by the applicant with the Commission

within 14 days after the making of the order.

Maximum penalty:$750.

(15) For the purposes of this section—

that is oppressive or unreasonable if—

(i)it has taken action, or proposes to take action, to expel a

member from the association in circumstances in which

the action was, or would be, oppressive or

unreasonable; or

(ii)it has engaged, or proposes to engage, in conduct that was, or

would be, oppressive or unfairly prejudicial to, or

unfairly discriminatory against, a member or was, or

would be, contrary to the interests of the members as

a whole; or

(iii)the rules of the association contain, or are proposed to be

altered so that they will contain, provisions that are

oppressive or unreasonable;

refusing or failing to take action.

association, to a prescribed person, is to be construed as a

reference to a liquidator or provisional liquidator of the

association or to any other person authorised by the Commission to

make applications under this section or to make an application

under this section in relation to that association.

(2) Where it appears to the Commission or to a prescribed person

that—

management, administration or winding up of, or has

otherwise taken part or been concerned in affairs of, an

association has been, or may have been, guilty of fraud,

negligence, default, breach of trust, breach of duty or

other misconduct in relation to that association; or

formation, management, administration or winding up of, or

otherwise in relation to affairs of, an association,

the Commission or prescribed person may apply to the Supreme Court

for an order under this section in relation to the person.

(3) Where an application is made under subsection (2) in relation

to a person, the Court may, if it thinks fit, order that the person

attend before the Court on a day and at a time to be fixed by the

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Court to be examined on oath or affirmation on any matters relating

to the formation, management, administration or winding up of, or

otherwise relating to affairs of, the association concerned.

(4) An examination under this section must be held in private

except to such extent (if any) as the Court considers that, by

reason of special circumstances, it is desirable to hold the

examination in public.

(5) The Court, on making an order for an examination, or at any

later time, on the application of any person concerned, may give

such directions as to the matters to be inquired into, and, subject

to subsection (4), as to the procedure to be followed (including,

in the case of an examination in private, directions as to the

persons who may be present), as it thinks fit.

(6) A person who is ordered under subsection (3) to attend before

the Court must not, without reasonable excuse—

examination.

Maximum penalty:$10 000 or imprisonment for two years.

(7) A person attending before the Court for examination pursuant

to an order made under subsection (3) must not refuse or fail to

take an oath or make an affirmation.

Maximum penalty:$10 000 or imprisonment for two years.

(8) A person attending before the Court for examination pursuant

to an order made under subsection (3) must not refuse or fail to

answer a question that he or she is directed by the Court to

answer.

Maximum penalty:$10 000 or imprisonment for two years.

(9) A person attending before the Court for examination pursuant

to an order made under subsection (3), if directed by the Court to

produce any books in his or her possession or under his or her

control relevant to the matters on which he or she is to be, or is

being, examined, must not refuse or fail to comply with the

direction.

Maximum penalty:$10 000 or imprisonment for two years.

(10) Where the Court so directs a person to produce any books and

the person has a lien on the books, the production of the books

does not prejudice the lien.

(11) A person attending before the Court for examination pursuant

to an order made under subsection (3) must not make any statement

that is false or misleading in a material particular.

Maximum penalty:$10 000 or imprisonment for two years.

(12) A person is not excused from answering a question put to him

or her at an examination held pursuant to an order made under

subsection (3) on the ground that the answer might tend to

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incriminate him or her but, where the person claims, before

answering the question, that the answer might tend to incriminate

him or her, the answer is not admissible in evidence against him or

her in criminal proceedings other than proceedings under this

section or other proceedings in respect of the falsity of the

answer.

(13) The Court may order the questions put to a person and the

answers given by him or her at an examination under this section to

be recorded in writing and may require him or her to sign that

written record.

(14) Subject to subsection (12), any written record of an

examination so signed by a person, or any transcript of an

examination of a person that is authenticated as provided by the

rules of the Court, may be used in evidence in any legal

proceedings against the person.

(15) An examination under this section may, if the Court so

directs and subject to the rules of the Court, be held before such

other court as is specified by the Court and the powers of the

Court under this section may be exercised by that other court.

(16) A person ordered to attend before the Court or another court

for examination under this section may, at his or her own expense,

employ a solicitor, or a solicitor and counsel, and the solicitor

or counsel, as the case may be, may put to him or her such

questions as the Court, or the other court (as the case may be)

considers just for the purpose of enabling him or her to explain or

qualify any answers or evidence given by him or her.

(17) The Court or another court before which an examination under

this section takes place may, if it thinks fit, adjourn the

examination from time to time.

(18) Where the Court that made the order under subsection (3) for

an examination is satisfied that the order for the examination was

obtained without reasonable cause, the Court may order the whole or

any part of the costs incurred by the person ordered to be examined

to be paid by the applicant or by any other person who, with the

consent of the Court, took part in the examination.

relation to an association, is to be construed as a reference to a

liquidator or provisional liquidator of the association or to any

other person authorised by the Commission to make applications

under this section or to make an application under this section in

relation to that association.

(2) Subject to subsection (3), where, on application by the

Commission or a prescribed person, the Supreme Court is satisfied

that—

trust or breach of duty in relation to an association; and

damage as a result of the fraud, negligence, default, breach

of trust or breach of duty,

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the Court may make such order or orders as it thinks appropriate

against or in relation to the person (including either or both of

the orders specified in subsection (4)) and may so make an order

against or in relation to a person notwithstanding that the person

may have committed an offence in respect of the matter to which the

order relates.

(3) The Court may not make an order against a person under

subsection (2) unless the Court has given the person the

opportunity—

application relates; and

solicitor and counsel, to put to him or her, or to any other

witness, such questions as the Court considers just for the

purpose of enabling him or her to explain or qualify any

answers or evidence given by him or her.

(4) The orders that may be made under subsection (2) against a

person include—

to the association; and

amount of the loss or damage.

(5) Nothing in this section prevents any person from instituting

any other proceedings in relation to matters in respect of which an

application may be made under this section.

only that the proceeding discloses, or arises out of, the

commission of an offence.

prepared may be kept or prepared—

mechanical, electronic or other device; or

(2) Subsection (1) does not authorise a book to be kept or

prepared by a mechanical, electronic or other device unless—

being reproduced in a written form; or

approved by the Commission.

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(3) An association must take all reasonable precautions,

including such precautions (if any) as are prescribed, for guarding

against damage to, destruction of or falsification of or in, and

for discovery of falsification of or in, any book or part of a book

required by this Act to be kept or prepared by the association.

(4) A writing that purports to reproduce matters recorded or

stored by means of a mechanical, electronic or other device is,

unless the contrary is established, to be taken to be a

reproduction of those matters.

Act and after that conviction the act or omission of the person

that constituted the offence continues, the person is guilty of a

further offence, and is liable to an additional penalty for each

day on which the act or omission continues of an amount not

exceeding one-tenth of the maximum penalty for the offence of which

the person was convicted.

(2) For the purposes of subsection (1), an obligation to do

something is to be regarded as continuing until the act is done,

notwithstanding that any period within which, or time before which,

the act is required to be done, has expired or passed.

imprisonment is a summary offence.

(2) An offence against this Act that is punishable by

imprisonment is, subject to subsection (3), an indictable offence.

(3) Where—

by imprisonment are brought in a court of summary

jurisdiction; and

proceedings,

the offence is to be taken to be a summary offence and must be

heard and determined as such.

(4) A court of summary jurisdiction may not—

of imprisonment exceeding two years; or

periods of imprisonment that, in aggregate, exceed five

years.

(5) Nothing in this section renders a person liable to be

punished more than once in respect of the same offence.

(6) A prosecution for an offence against this Act—

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(i)by the Commission; or

(ii)by an officer or employee of the Commission; or

(iii)with the consent of the Minister, by any other person; and

offence is alleged to have been committed or such further

period as the Minister may, in a particular case, allow.

(7) A document apparently signed by the Minister and stating—

commencing a particular prosecution,

is to be accepted, in the absence of proof to the contrary, as

proof of the fact so stated.

(8) In any proceedings for an offence against this Act, an

allegation in the complaint that the complainant is an officer or

employee of the Commission is, in the absence of proof to the

contrary, to be accepted as proved.

seal of the Commission and to be a certificate of incorporation of

an association is to be accepted in any legal proceedings, in the

absence of proof to the contrary, as proof of the incorporation of

the association on the date specified in the certificate.

(2) An apparently genuine document purporting to be a copy of a

document registered by, or lodged with, the Commission under this

Act or the repealed Act and to be certified by the Commission as a

true copy of such a document is to be accepted in any legal

proceedings, in the absence of proof to the contrary, as a true

copy of that document.

(3) The reference in subsection (2) to a document that has been

certified by the Commission includes, where a reproduction or

transparency of that document has been incorporated with a register

kept by the Commission, a reference to that reproduction or

transparency.

(4) An apparently genuine document purporting to be a copy of, or

extract from, a record kept by an incorporated association and to

be verified by an officer of the association authorised by the

committee of the association for the purpose is to be accepted in

any legal proceedings, in the absence of proof to the contrary, as

a true copy of, or extract from, that record.

(5) An apparently genuine document purporting to bear the common

seal of an incorporated association is to be presumed in any legal

proceedings, in the absence of proof to the contrary, to have been

duly executed by the incorporated association.

(6) In any proceedings—

and certifying that at a date or during a period specified

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in the certificate an association, or no association (as the case

may be), was incorporated under this Act or the repealed

Act, by a name specified in the certificate, is to be

accepted, in the absence of proof to the contrary, as proof

of the matters so certified; and

and certifying that an incorporated association has, or has

not, complied with a requirement of this Act as to the

filing or lodging of any document or return or the giving of

any notice is to be accepted, in the absence of proof to the

contrary, as proof of the matters so certified; and

and certifying that a specified incorporated association has

altered its name in the manner specified in the certificate,

including the dates on which the alterations were registered

by the Commission, is to be accepted, in the absence of

proof to the contrary, as proof of the matters so certified;

and

and certifying that a specified incorporated association has

been or is being wound up, including the date on which the

winding up commenced and (if relevant) the date on which the

association was dissolved, is to be accepted, in the absence

of proof to the contrary, as proof of the matters so

certified; and

and certifying that specified incorporated associations

amalgamated to form an incorporated association specified in

the certificate, including the date of incorporation of the

amalgamated association, is to be accepted, in the absence

of proof to the contrary, as proof of the matters so

certified.

(7) In any proceedings for an offence against this Act, an

allegation in the complaint—

under this Act; or

association; or

an association named in the complaint; or

specified provision of this Act to be held has not been held

as required by that provision,

is, in the absence of proof to the contrary, to be accepted as

proved.

effected on an incorporated association—

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the public officer or a member of the committee of the association;

or

public officer; or

of the public officer with any person apparently over the

age of 18 years.

used in place of the word "Incorporated".

respect of the lodging of a document with the Commission under this

Act and the document is submitted without payment of the fee, the

document is to be taken not to have been lodged until the fee has

been paid to the Commission.

(2) Notwithstanding subsection (1), the Commission may—

that would otherwise be payable under this Act; and

contemplated by this Act or as are necessary or expedient for the

purposes of this Act.

(2) Without limiting the generality of subsection (1) those

regulations may—

incorporated associations or associations intending to apply

for incorporation under this Act; and

lodged with the Commission under this Act or the repealed

Act; and

non-compliance with, a regulation.

* * * * * * * * * *

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(1) The provisions of Division 2 of Part 4 of the principal Act as in force

immediately before the commencement of this Act continue to apply to an incorporated

association in relation to a financial year of the association that commenced before

the commencement of this Act.

(2) The provisions of Division 2 of Part 4 of the principal Act as amended by

this Act apply to an incorporated association in relation to a financial year of the

association that commences after the commencement of this Act.

Long title:amended by 36, 1992, Sched. 2

Section 2:repealed by 36, 1992, Sched. 2

definition of "authorised person" inserted by 36, 1992, s. 3(b)

definition of "beneficiary" inserted by 36, 1992, s. 3(b)

definition of "committee" repealed by 36, 1992, s. 3(c)

definition of "financial year" amended by 36, 1992, Sched. 2; substituted by

29, 1997, s. 3

definition of "gross receipts" inserted by 36, 1992, s. 3(d)

definition of "insolvent under administration" amended by 36, 1992, Sched. 2

definition of "officer" substituted by 36, 1992, s. 3(e)

definition of "prescribed association" inserted by 36, 1992, s. 3(e)

definition of "putative" spouse" inserted by 36, 1992, s. 3(e)

definition of "special resolution" substituted by 100, 1985, s. 3; amended by 36,

1992, s. 3(f), (g)

definition of "total receipts and payments" inserted by 36, 1992, s. 3(h)

Section 3(2):amended by 36, 1992, s. 3(i)

Section 3(3) and (4):amended by 36, 1992, Sched. 2

Section 4:substituted by 36, 1992, s. 4

Section 5:amended by 36, 1992, Sched. 2

Section 6(1):amended by 36, 1992, Sched. 2

Section 6(2):amended by 29, 1997, s. 4(a)

Section 6(2a):inserted by 29, 1997, s. 4(b)

Section 7:substituted by 36, 1992, s. 5

Section 7(5):amended by 29, 1997, s. 21 (Sched.)

Section 8:repealed by 36, 1992, s. 5

Sections 9 and 10:amended by 36, 1992, Sched. 2

Section 11(1) and (3):amended by 36, 1992, Sched. 2

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Section 12:amended by 36, 1992, Sched. 2

Section 13(1):amended by 36, 1992, s. 6(a), Sched. 2; 29, 1997, s. 21 (Sched.)

Section 13(2):amended by 36, 1992, s. 6(b), Sched. 2; 29, 1997, s. 21 (Sched.)

Section 14(1):amended by 36, 1992, s. 7(a), (b), Sched. 2; 29, 1997, s. 21 (Sched.)

Section 14(2):amended by 36, 1992, s. 7(c), Sched. 2; 29, 1997, s. 21 (Sched.)

Section 14(3):amended by 36, 1992, Sched. 2

Section 14(4):amended by 36, 1992, s. 7(d), Sched. 2; 29, 1997, s. 21 (Sched.)

Section 15(1):amended by 36, 1992, Sched. 2

Section 15(2):amended by 36, 1992, s. 8

Section 17:substituted by 36, 1992, s. 9

Section 17(1):amended by 29, 1997, s. 21 (Sched.)

Section 18(5):amended by 36, 1992, s. 10(a)

Section 18(6):amended by 36, 1992, s. 10(b), (c), Sched. 2

Section 18(7):amended by 36, 1992, s. 10(d)

Section 19(2):amended by 36, 1992, s. 11, Sched. 2

Section 20(1), (3) and (4):amended by 36, 1992, Sched. 2

Section 21(2):substituted by 36, 1992, s. 12

Section 22(1):amended by 36, 1992, s. 13(a)

Section 22(2):amended by 36, 1992, s. 13(b), Sched. 2

Section 22(3), (4), (6) - (8):amended by 36, 1992, Sched. 2

Section 22(9):inserted by 36, 1992, s. 13(c)

Section 23:redesignated as s. 23(1) by 36, 1992, s. 14

Section 23(2):inserted by 36, 1992, s. 14

Section 23A:inserted by 36, 1992, s. 15

Section 23A(1)(c)(iv):repealed by 29, 1997, s. 5

Section 24(1):substituted by 36, 1992, s. 16

Section 24(2):substituted by 36, 1992, s. 16; amended by 29, 1997, s. 21 (Sched.)

Section 24(3):amended by 29, 1997, s. 6

Section 24(4) and (5):amended by 36, 1992, Sched. 2

Section 24(7):inserted by 100, 1985, s. 4

Section 24A:inserted by 29, 1997, s. 7

Section 25:amended by 36, 1992, Sched. 2; 33, 1999, Sched. (item 5)

Section 28:amended by 36, 1992, Sched. 2

Section 29(2) and (3):amended by 36, 1992, Sched. 2

Section 30:substituted by 36, 1992, s. 17

Section 30(1) - (3):amended by 29, 1997, s. 21 (Sched.)

Section 31(1):amended by 36, 1992, s. 18(a), (b), Sched. 2; 29, 1997, s. 21 (Sched.)

Section 31(2):amended by 36, 1992, s. 18(c)

Section 31(3):amended by 36, 1992, Sched. 2

Section 32(1):amended by 36, 1992, s. 19(a), (b), Sched. 2; 29, 1997, s. 21 (Sched.)

Section 32(2):substituted by 36, 1992, s. 19(c)

Section 33:repealed by 36, 1992, s. 20

Section 34:repealed by 36, 1992, s. 21

Part 4 Division 2 heading:amended by 29, 1997, s. 8

Section 35:substituted by 36, 1992, s. 21

Section 35(1):amended by 29, 1997, s. 21 (Sched.)

Section 35(4):amended by 29, 1997, s. 9(b)

Section 35(5):amended by 29, 1997, s. 9(c)-(f)

Section 35(7):amended by 29, 1997, s. 21 (Sched.)

Section 36(1):amended by 36, 1992, s. 22(a)

Section 36(3):substituted by 36, 1992, s. 22(b); amended by 29, 1997, s. 21 (Sched.)

Section 37:substituted by 36, 1992, s. 23

Section 37(2):amended by 29, 1997, s. 21 (Sched.)

Section 37(3)(d):repealed by 29, 1997, s. 10(a)

Section 37(4):amended by 29, 1997, s. 10(b)

Section 37A:inserted by 36, 1992, s. 23

Section 39(1):amended by 36, 1992, s. 24(a)

Section 39(2):amended by 36, 1992, s. 24(b)

Section 39(3):repealed by 36, 1992, s. 24(c)

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Section 39(4):amended by 36, 1992, s. 24(d)

Divisions 3A and 3B of Part 4 comprising ss. 39A - 39D and headings inserted by

36, 1992, s. 25

Section 39A(1) - (4):amended by 29, 1997, s. 21 (Sched.)

Section 39C(3):amended by 29, 1997, s. 21 (Sched.)

Section 40:amended by 36, 1992, Sched. 2

Part 5 heading:amended by 36, 1992, s. 26

Part 5 Division 1 heading:inserted by 29, 1997, s. 11

Section 41:substituted by 36, 1992, s. 27

Section 41A:inserted by 36, 1992, s. 27

Section 41B:inserted by 36, 1992, s. 27; substituted by 29, 1997, s. 14

Sections 41C and 41D:inserted by 29, 1997, s. 14

Section 42(3):amended by 36, 1992, s. 28(a)

Section 42(4):amended by 36, 1992, Sched. 2

Section 42(5):inserted by 36, 1992, s. 28(b)

Section 43(1):substituted by 36, 1992, s. 29

Section 43(1a):inserted by 36, 1992, s. 29

Section 43(2) and (4):amended by 36, 1992, Sched. 1

Section 43A:inserted by 29, 1997, s. 15

Section 44(3):inserted by 36, 1992, s. 30

Section 44A:inserted by 36, 1992, s. 31

Section 45(1):repealed by 36, 1992, Sched. 2

Section 45(3):amended by 36, 1992, Sched. 2

Section 46(3):amended by 100, 1985, s. 5

Section 46(4) - (7):amended by 36, 1992, Sched. 2

Sections 47 - 49:amended by 36, 1992, Sched. 2

Division 2 of Part 5 comprising ss. 49AA - 49AF and heading inserted by 29, 1997, s.

16

Section 49A:inserted by 36, 1992, s. 32

Section 49A(3):amended by 29, 1997, s. 21 (Sched.)

Section 49B:inserted by 36, 1992, s. 32

Section 50(1):amended by 4, 2000, s. 9(1) (Sched. 1 cl. 3(a))

Section 50(2a):inserted by 36, 1992, s. 33; repealed by 4, 2000, s. 9(1) (Sched. 1

cl. 3(b))

Section 50(3):repealed by 4, 2000, s. 9(1) (Sched. 1 cl. 3(c))

Section 50(4):amended by 36, 1992, Sched. 2; 4, 2000, s. 9(1) (Sched. 1 cl. 3(d))

Section 51:amended by 100, 1985, s. 6; substituted by 36, 1992, s. 34

Section 51(2) and (7):amended by 29, 1997, s. 21 (Sched.)

Section 52:repealed by 36, 1992, s. 35

Section 53:substituted by 36, 1992, s. 36

Section 53(5):amended by 29, 1997, s. 21 (Sched.)

Section 53A:inserted by 29, 1997, s. 17

Section 54:amended by 36, 1992, s. 37, Sched. 2; 29, 1997, s. 21 (Sched.)

Section 55:substituted by 36, 1992, s. 38

Section 55(4):amended by 29, 1997, s. 21 (Sched.)

Section 56(1) and (3):amended by 36, 1992, Sched. 2

Section 56(4):substituted by 36, 1992, s. 38(a); amended by 29, 1997, s. 21 (Sched.)

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Section 56(5):amended by 36, 1992, s. 38(b), Sched. 2; 29, 1997, s. 21 (Sched.)

Section 57:substituted by 36, 1992, s. 40

Section 57(1) and (2):amended by 29, 1997, s. 21 (Sched.)

Section 58:repealed by 36, 1992, s. 41; inserted by 29, 1997, s. 18

Section 58A:inserted by 29, 1997, s. 18

Section 59(2):amended by 36, 1992, s. 42, Sched. 2; 29, 1997, s. 21 (Sched.)

Section 60:amended by 36, 1992, s. 43, Sched. 2; 29, 1997, s. 21 (Sched.)

Section 61:amended by 36, 1992, s. 44, Sched. 2; 29, 1997, s. 21 (Sched.);

substituted by 65, 2000, s. 3

Section 62:substituted by 36, 1992, s. 45

Section 62(6) - (9) and (11):amended by 29, 1997, s. 21 (Sched.)

Sections 62A - 62E:inserted by 36, 1992, s. 45

Section 63(1), (2), (4) and (5):amended by 36, 1992, Sched. 2

Section 63(6):amended by 36, 1992, Sched. 2; 29, 1997, s. 19

Section 63(7):inserted by 36, 1992, s. 46

Section 66(1):amended by 36, 1992, Sched. 2

Section 67(2):amended by 36, 1992, s. 47; 29, 1997, s. 21 (Sched.)

Schedule:inserted by 36, 1992, s. 48 (Sched. 3); repealed by 29, 1997, s. 20

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