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