Australian Capital Territory Consolidated Acts

ASSOCIATIONS INCORPORATION ACT 1991 - SECT 25

    (1)     The objects or rules of an incorporated association may contain an express restriction on, or an express prohibition of, the exercise by the association of any power given by this Act to the association.

    (2)     If an incorporated association—

        (a)     purports to exercise a power contrary to an express restriction on, or an express prohibition of, the exercise of that power, being a restriction or prohibition contained in the objects or rules of the association; or

        (b)     does an act otherwise than in accordance with the objects of the association;

the association contravenes this subsection.

    (3)     An officer of an incorporated association must not, by act or omission, directly or indirectly, be knowingly concerned in or party to a contravention by the association of subsection (2).

    (4)     If, by purporting to exercise a power as mentioned in subsection (2) (a), or by doing an act as mentioned in subsection (2) (b), an incorporated association contravenes subsection (2), the purported exercise of the power, or the act, is not taken to be invalid only because of the contravention.

    (5)     An act by an officer of an incorporated association is not taken to be invalid only because the act is prohibited by subsection (2).

    (6)     The fact that—

        (a)     by purporting to exercise a power as mentioned in subsection (2) (a), or by doing an act as mentioned in subsection (2) (b), an incorporated association contravened, or would contravene, subsection (2); or

        (b)     by doing a particular act, an officer of an incorporated association contravened, or would contravene, subsection (3);

is not admissible in evidence in any proceedings except—

        (c)     a prosecution of a person for an offence against this Act; or

        (d)     proceedings against the association by a member of the association to restrain the association from doing any act; or

        (e)     proceedings by the association or by a member of the association against an officer or former officer of the association; or

        (f)     an application by the registrar-general or by a member of the association to wind up the association.