New South Wales Consolidated Acts

ASSOCIATIONS INCORPORATION ACT 1984 - SECT 6

6 Commonwealth Corporations legislation excluded from applying to incorporated associations

(1) An incorporated association is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation the whole of the Corporations legislation other than to the extent referred to in subsection (2).

(2) Subsection (1) does not apply:

(a) to the extent specified by section 49 (1), and

(b) to the extent necessary for an association that is a company under the Corporations Act 2001 of the Commonwealth to be deregistered as a company under Chapter 5A of that Act, and

(c) if the association is authorised or required by or under section 56 to become registered as a company under that Act-to the extent necessary for an association to be registered as a company under Chapter 5B of that Act.

Note: This section ensures that neither the Corporations Act 2001 nor Part 3 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth will apply in relation to an incorporated association. Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter in relation to that Act or Part, then the provisions of that Act or Part will not apply in relation to that matter in the State concerned. However, other provisions of this Act apply certain provisions of the Commonwealth legislation to incorporated associations as laws of this State.

(3) Subsection (1) extends to a company within the meaning of the Corporations Act 2001 of the Commonwealth as soon as it becomes an incorporated association under this Act.

(4) Subsection (1) has effect only for so long as a body is an incorporated association under this Act.