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ASSOCIATIONS INCORPORATION ACT 1991 - SECT 33 Alteration of rules

ASSOCIATIONS INCORPORATION ACT 1991 - SECT 33

Alteration of rules

    (1)     Subject to this Act, an incorporated association may, by special resolution, alter its rules in whole or in part and may, in particular—

        (a)     adopt as its rules the model rules as in force from time to time instead of rules other than the model rules adopted under section 16 (c) (ii) or 26 (1) (b) or paragraph (b); or

        (b)     adopt as its rules other rules that comply with section 32 instead of the model rules adopted under section 16 (c) (i) or 26 (1) (b) or paragraph (a).

    (2)     If an incorporated association has resolved to alter its rules, the association must, not later than 1 month after the resolution was passed, lodge with the registrar-general a notice setting out the particulars of the alteration, and including a declaration by at least 2 members of the committee of the association to the effect that a special resolution referred to in subsection (1) was duly passed by the association.

Maximum penalty: 2 penalty units.

Note     If a form is approved under s 126 (Approved forms) for a notice, the form must be used.

    (3)     If a notice relating to the alteration of the rules of an association has been lodged under subsection (2), the registrar-general may give notice to the association that it is required to lodge a copy of its rules with the registrar-general.

    (4)     If an incorporated association has been given notice by the registrar-general under subsection (3), the association must, not later than 1 month after the date of the notice, lodge with the registrar-general a printed copy, in consolidated form, of the association's rules as altered and in force at that date.

Maximum penalty: 2 penalty units.

    (5)     A resolution to alter the rules of an incorporated association is of no effect until a notice has been lodged by the association under subsection (2).