New South Wales Consolidated Acts

ASSOCIATIONS INCORPORATION ACT 1984 - SECT 57

57 Effect of transfer of incorporation

(1) In this section, a reference to a transfer of incorporation by an incorporated association is a reference to:

(a) the registration of the association as a company under the Corporations Act 2001 of the Commonwealth, or

(b) the registration of the association as a co-operative within the meaning of the Co-operatives Act 1992 .

(2) Subject to this section, upon a transfer of incorporation by an incorporated association:

(a) the incorporated association shall be dissolved and none of the provisions of this Act shall, after the transfer of incorporation apply to the association, and

(b) the Director-General shall cancel the incorporation of the association under this Act.

(3) The transfer of incorporation by an incorporated association does not affect the identity of the association which shall be deemed to be the same body before and after the transfer of incorporation and no act, matter or thing shall be affected or abated by the transfer of incorporation and, in particular, any claim by or against the association subsisting immediately before the transfer of incorporation may be continued by or against the company or society formed by the transfer of incorporation in the name of the incorporated association or commenced by or against the company or society so formed in the name of the company or society.

(4) Without limiting the generality of subsection (3), nothing in subsection (2):

(a) affects any right, privilege, obligation or liability acquired or incurred under this Act,

(b) affects any penalty, forfeiture or punishment incurred in respect of any offence committed against this Act, or

(c) affects any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment,

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if subsection (2) had not been enacted.

(5) This section has effect in relation to a matter concerning an incorporated association that is registered as a company under the Corporations Act 2001 of the Commonwealth only to extent that the matter is not dealt with by that Act.