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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Associations Incorporation
Amendment (Cancellation of
Incorporation) Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Associations Incorporation Act 1984 No 143 2
4 Amendment of other Acts 2
5 Repeal of Act 2
Schedule 1 Amendment of Associations Incorporation Act 1984 3
Schedule 2 Amendment of other Acts 6
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Associations Incorporation
Amendment (Cancellation of
Incorporation) Bill 2007
Act No , 2007
An Act to amend the Associations Incorporation Act 1984 with respect to the
cancellation of the incorporation of associations that are incorporated under that Act.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Associations Incorporation Amendment (Cancellation of Incorporation)
Clause 1 Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Associations Incorporation Amendment (Cancellation of
Incorporation) Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Associations Incorporation Act 1984 No 143
The Associations Incorporation Act 1984 is amended as set out in
Schedule 1.
4 Amendment of other Acts
The Acts specified in Schedule 2 are amended as set out in that
Schedule.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Associations Incorporation Amendment (Cancellation of Incorporation)
Bill 2007
Amendment of Associations Incorporation Act 1984 Schedule 1
Schedule 1 Amendment of Associations
Incorporation Act 1984
(Section 3)
[1] Sections 54 and 54A
Omit section 54. Insert instead:
54 Cancellation of incorporation
(1) The Director-General may cancel the incorporation of an
incorporated association by publishing a notice to that effect in
the Gazette if the Director-General is satisfied that:
(a) the association is not in operation, or
(b) the association is or has been engaged in trading or
securing pecuniary gain for its members, or
(c) the association is or has been, as trustee, engaged in trading
or securing pecuniary gain for members of the association,
or
(d) the association was incorporated under this Act by reason
of fraud or mistake, or
(e) none of the annual general meetings required under section
26 to have been convened by the association during the
preceding period of 3 years have been convened, or
(f) none of the statements required under section 27 to have
been lodged in respect of the association during the
preceding period of 3 years have been lodged, or
(g) the association has failed to apply for approval to change
its name in accordance with a direction referred to in
section 14 (1A), or
(h) the association does not have at least 5 members, or
(i) the association does not have a public officer who is
resident in the State.
(2) An association's incorporation is not to be cancelled under this
section if:
(a) the association is in the course of being wound up under
section 50 or 51, or
(b) on the application of any person having an interest in the
matter, a Local Court has ordered the Director-General not
to cancel the association's incorporation.
Page 3
Associations Incorporation Amendment (Cancellation of Incorporation)
Bill 2007
Schedule 1 Amendment of Associations Incorporation Act 1984
(3) Before cancelling an association's incorporation under this
section, the Director-General:
(a) must cause notice of the proposed cancellation to be given
to the association stating the ground or grounds referred to
in subsection (1) that the Director-General believes exist,
and
(b) must give the association and its members a period of at
least 28 days within which to make submissions to the
Director-General with respect to the proposed
cancellation, and
(c) must give due consideration to any submissions that are
made within that period.
(4) After cancelling an association's incorporation under this
section, the Director-General must cause notice of that fact to be
given to the association.
(5) A notice referred to in subsection (3) or (4) is to be given by
sending it by registered post addressed to the association:
(a) at the address recorded on the register kept under section
59 as the address of the association's public officer, or
(b) if the register records no such address because of vacancy
of office or other reason--at the address recorded on the
register as the association's principal place of
administration.
54A Consequences of cancellation of incorporation
(1) Despite the cancellation of the incorporation of an incorporated
association under section 54, any liability of any former public
officer or other officer or member of the incorporated association
continues and may be enforced as if the incorporation of the
association had not been cancelled.
(2) If the Director-General is satisfied that the incorporation of an
incorporated association should not have been cancelled under
section 54, the Director-General may reinstate the incorporation
of the association and the association is taken to have continued
in existence as if its incorporation had not been cancelled.
[2] Section 55A Voluntary cancellation of incorporation
Omit "the public officer and of each officer and member" from section 55A
(6).
Insert instead "any former public officer or other officer or member".
Page 4
Associations Incorporation Amendment (Cancellation of Incorporation)
Bill 2007
Amendment of Associations Incorporation Act 1984 Schedule 1
[3] Schedule 3 Savings and transitional provisions
Omit clause 1 (1). Insert instead:
(1) The regulations may contain provisions of a savings and
transitional nature consequent on the enactment of the following
Acts:
this Act
Associations Incorporation (Amendment) Act 1992
Associations Incorporation Amendment (Cancellation of
Incorporation) Act 2007
[4] Schedule 3, Part 3
Insert after Part 2:
Part 3 Provisions consequent on the
Associations Incorporation Amendment
(Cancellation of Incorporation) Act 2007
7 Definition
In this Part:
amending Act means the Associations Incorporation Amendment
(Cancellation of Incorporation) Act 2007.
8 Cancellations already commenced
Section 54, as in force immediately before the date of assent to
the amending Act, continues to apply in relation to any
cancellation of an association's incorporation that arises from a
notice under that section, or from a notice under section 14 (1A),
that was issued before that date.
Page 5
Associations Incorporation Amendment (Cancellation of Incorporation)
Bill 2007
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts
(Section 4)
2.1 Police Act 1990 No 47
Section 204B Consents for the purposes of section 204A
Omit "(2A)" from section 204B (6) (b) (ii).
2.2 Sheriff Act 2005 No 6
Section 12 Consents for the purposes of section 11
Omit "(2A)" from section 12 (6) (b) (ii).
Page 6
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