New South Wales Consolidated Acts

ASSOCIATIONS INCORPORATION ACT 1984 - SECT 54

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.

(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.