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ASSOCIATIONS INCORPORATION ACT 1991

ASSOCIATIONS INCORPORATION ACT 1991


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   3.      Notes  
   3A.     Offences against Act—application of Criminal Code etc  
   4.      Pecuniary gain—interpretation  

   PART 2--ADMINISTRATION

   9.      Registers  
   11.     Copies of documents  
   12.     Disposal of documents  
   13.     Defective documents  
   13A.    Contact details may be kept confidential  

   PART 3--INCORPORATION GENERALLY

           Division 3.1--Preliminary

   14.     Eligibility for incorporation  
   15.     Ineligible associations—incorporation  
   16.     Matters preliminary to incorporation  
   17.     Powers of authorised person  

           Division 3.2--Incorporation

   18.     Applications for incorporation  
   19.     Certificate of incorporation  
   20.     Date of incorporation  
   21.     Constitution of incorporated associations  
   22.     Corporate identity  
   23.     Property  
   24.     Legal capacity of incorporated associations  
   25.     Restriction of actions  

           Division 3.3--Incorporation of amalgamating associations

   26.     Amalgamation of incorporated associations  
   27.     Incorporation of amalgamating associations  
   28.     Effect of incorporation—amalgamated associations  

           Division 3.4--Objects and rules of incorporated associations

   29.     Objects  
   30.     Alteration of objects  
   31.     Rules  
   32.      Rules other than model rules  
   33.      Alteration of rules  
   34.      Illegal objects or rules  
   35.      Copies of documents for members  
   35A.    Committee may refuse access to documents  

           Division 3.5--Names of incorporated associations

   36.     Names  
   37.     Reservation of names  
   38.     Change of name  
   39.     Compulsory change of name  
   40.     Effect of change of name  
   41.     Name on association's documents etc  

           Division 3.6--Contracts

   42.     References to purported entry into contracts etc—div 3.6  
   43.     Ratification of pre-incorporation contracts  
   44.     Liability of party to contract  
   45.     Substituted contract  
   46.     Substituted rights and liabilities  
   47.     Post-incorporation contracts  

           Division 3.7--Rights and liabilities of members and officers

   48.     Relationship between association and members  
   49.     Court's jurisdiction  
   50.     Rules of natural justice  
   51.     Liability of officers and members  
   52.     Property rights  
   53.     Enforcement of rights  

           Division 3.8--Miscellaneous

   54.     Disposal of trust property  
   55.     Authentication and execution of documents  
   56.     Validity of documents executed under common seal  

   PART 4--MANAGEMENT

           Division 4.1--Appointment of public officer and committee

   57.     Public officer  
   58.     Inaugural public officer  
   59.     Notice of public officer's appointment or change of address  
   60.     Committee  
   61.     Inaugural committee  
   62.     Notice of changes in committee  
   63.     Disqualification from office––convictions or bankruptcy  
   63A.    Disqualification from office––noncompliance with Act  
   63B.    Disqualification from office––disqualified under other  
   64.     Vacancy in office of public officer  
   64A.    Resignation of committee member  
   65.     Disclosure of material personal interest  
   65A.    Matter on which committee member has material personal interest  
   65B.    Dispute resolution procedure  
   65C.    Disciplinary action  
   66.     Information from officers  

           Division 4.2--Duties of officers

   66A.    Duty of care and diligence  
   66B.    Duty of good faith and proper purpose  
   66C.    Use of position  
   66D.    Use of information  

           Division 4.3--Register of members

   67.     Register of members  
   67A.    Inspection of register of members  
   67B.    Restriction of access to personal information  

           Division 4.4--General meetings

   68.     First annual general meeting  
   69.     Annual general meetings  
   70.     Special resolutions  

   PART 5--RECORD KEEPING AND REPORTING

   70A.    Application—pt 5  
   70B.    Definitions—pt 5  
   70C.    Exemption from revenue thresholds  
   71.     Accounting records  
   72.     Annual statement of accounts  
   73.     Presentation of statement to members  
   74.     Review or audit of accounts  
   75.     Review reports  
   76.     Audit reports  
   77.     Reviewer's and auditor's liability  
   78.     Obstruction of auditor  
   79.     Registrar-general's power to require statements and reports  

   PART 6--TRANSFER OF INCORPORATION

   81.     Definitions for pt 6  
   82.     Voluntary transfer of incorporation  
   83.     Cancellation where continued incorporation inappropriate  
   84.     Membership of proposed company  
   85.     Cancellation of incorporation following voluntary transfer  
   86.     Effect of cancellation of incorporation  
   87.     Transfer of land to company  

   PART 7--WINDING-UP

   88.     Voluntary winding-up  
   89.     Application for winding-up by the court  
   90.     Winding-up by the court  
   91.     Application of Corporations Act  
   92.     Property of defunct association  
   93.     Cancellation of incorporation  
   94.     Property of former incorporated association  
   95.     Property vested in registrar-general  
   96.     Liability in relation to property vested in registrar-general  
   97.     Registrar-general's power to act for defunct association  
   98.     Records of property vested in registrar-general  

   PART 8--INVESTIGATION OF ASSOCIATION'S AFFAIRS

   99.     Meaning of books in pt 8  
   100.    Secrecy  
   101.    Investigations by registrar-general  
   102.    Scope of registrar-general's powers  
   103.    Production of association's books  
   104.    Inspection of books held by lawyer  
   105.    Liability of person producing books  

   PART 9--OFFENCES AND RELATED MATTERS

   106.    Proceedings for offences  
   107.    Offences related to inspection of books  
   108.    Offences by officers of associations etc  
   109.    Offence—pecuniary gain  
   110.    Liability of members  
   112.    Offences by unincorporated bodies  
   114.    Investment with associations  
   115.    Certificates as evidence  
   116.    Copies or extracts of books as evidence  
   117.    Constructive notice of documents etc  

   PART 10--NOTIFICATION AND REVIEW OF DECISIONS

   118.    Meaning of reviewable decision—pt 10  
   119.    Reviewable decision notices  
   119A.   Applications for review  

   PART 11--MISCELLANEOUS

   119B.   Information sharing on ACNC registered entities  
   120.    Extensions of time for applications etc  
   121.    Registered office of incorporated association  
   122.    Service of documents  
   123.    Translation of instruments  
   124.    Powers of the court  
   125.    Determination of fees  
   126.    Approved forms  
   127.    Regulation-making power  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           DICTIONARY
           ENDNOTES