ASSOCIATIONS INCORPORATION ACT 1991 - NOTES

ASSOCIATIONS INCORPORATION ACT 1991 - NOTES

Dictionary

(see s 2)

Note 1     The Legislation Act

contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act

, dict, pt 1, defines the following terms:

              •     ACAT

              •     bankrupt or personally insolvent

              •     Corporations Act

              •     disallowable instrument (see s 9)

              •     document

              •     entity

              •     financial year

              •     function

              •     home address

              •     land titles register

              •     notifiable instrument (see s 10)

              •     public holiday

              •     registrar-general

              •     reviewable decision notice.

"accounting records" includes invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry, books and records which record documents of prime entry, and any working papers and documents that are necessary to explain the methods and calculations by which accounts are made up.

"ACNC registered entity" means a registered entity under the Australian Charities and Not-for-profits Commission Act 2012

 (Cwlth).

"annual general meeting", in relation to an incorporated association, means a meeting of the association held under section 68 or 69.

"approved form" means a form approved by the registrar-general under section 126 (Approved forms).

"auditor", of an association's statement of accounts, for part 5 (Record keeping and reporting)—see section 70B.

"authorised person" means a person authorised to apply for the incorporation of an association or proposed association under section 16 (a).

"banking corporation" means a bank, building society or credit union.

"books"—

        (a)     for this Act generally—includes any register or other record of information and any accounts or accounting records, however compiled, recorded or stored and any other document; and

        (b)     for part 8 (Investigation of association's affairs)—see section 99 (1).

"certificate of incorporation" means a certificate of incorporation issued under section 19, section 27 or section 38 (3).

"committee", in relation to an association, means the committee of the association established under section 60 (1).

"company limited by guarantee", for part 6 (Transfer of incorporation)—see section 81.

"constitution", for part 6 (Transfer of incorporation)—see section 81.

"corporation law", for part 6 (Transfer of incorporation)—see section 82 (1).

"court" means the Supreme Court or the Magistrates Court.

"financial year", in relation to an incorporated association, means the period, not exceeding 12 months, fixed by the rules of the association as the financial year of the association for this Act.

"inaugural member of a committee" means a person who is, under section 61, taken to be an inaugural member of the committee of an incorporated association.

"inaugural public officer" means the person who is, under section 58, taken to be the inaugural public officer of an incorporated association.

"incorporated" means incorporated under this Act or the repealed Act

.

"incorporation", in relation to a nonexistent incorporated association, for division 3.6 (Contracts)—see section 42.

"large association", for a financial year, for part 5 (Record keeping and reporting)—see section 70B.

"medium association", for a financial year, for part 5 (Record keeping and reporting)—see section 70B.

"member", in relation to membership of an incorporated association whether as an individual or as a body corporate, includes associate member or any other class of member.

"model rules" means the rules prescribed under section 127 (2) (a).

"objects", in relation to an incorporated association, means the objects that are, under section 29, the objects of the association.

"officer", in relation to an incorporated association, means—

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

        (b)     the public officer, secretary, treasurer or executive officer of the association, the holder of any other office of the association (however described) or a person occupying any of the abovementioned offices, whether validly appointed or not; or

        (c)     any other person who is concerned in or takes part in the management of the association's affairs;

but does not include a patron or the holder of another honorary office of the association if the office does not give its incumbent a right to participate in the management of the association's affairs.

"pecuniary gain"—see section 4.

"public officer", in relation to an incorporated association, means the person appointed to be the public officer of the association in accordance with section 57.

"purport"—

        (a)     to enter into a contract, for division 3.6 (Contracts)—see section 42; and

        (b)     to execute a contract, for division 3.6 (Contracts)—see section 42.

"register of members"—means the register kept under section 67.

"repealed Act" means the Associations Incorporation Act 1953

as in force from time to time before 1 January 1992.

"reproduction", in relation to a document, means—

        (a)     a machine-copy of the document; or

        (b)     a print made from the negative of the document; or

        (c)     if an image of the document has been stored by means of a computer or by other electronic means—a print-out of the image.

"required statement", for part 5 (Record keeping and reporting)—see section 70B.

"reviewable decision", for part 10 (Notification and review of decisions)—see section 118.

"reviewer", of an association's statement of accounts, for part 5 (Record keeping and reporting)—see section 70B.

"rules", in relation to an incorporated association, means the rules that are, under section 31 (1), the rules of the association.

"small association", for a financial year, for part 5 (Record keeping and reporting)—see section 70B.

"special resolution" means a resolution passed in accordance with section 70.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001

, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key