New South Wales Consolidated Acts

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ASSOCIATIONS INCORPORATION ACT 2009

- As at 7 July 2017
- Act 7 of 2009

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Definition of “pecuniary gain”

   PART 2 - REGISTRATION OF ASSOCIATIONS

           Division 1 - Registration

   6.      Application for registration
   7.      Decision on application
   8.      Incorporation of associations other than former registrable corporations
   9.      Continuity of incorporation of former registrable corporations

           Division 2 - Changing association’s name, objects, constitution or official address

   10.     Application for change of particulars
   11.     Change of association’s name at direction of, or by, Secretary
   12.     Decision on application
   13.     Notification of change of official address
   14.     Effect of registration of change of name, objects, constitution or official address

           Division 3 - Reservation of names

   15.     Application for reservation of name
   16.     Decision on application
   17.     Duration of reservation of name
   18.     Unacceptable names

   PART 3 - BASIC FEATURES OF ASSOCIATIONS

           Division 1 - Association powers

   19.     Legal capacity and powers
   20.     Constitution may limit powers
   21.     Agent exercising association’s power to make contracts
   22.     Execution of documents (including deeds) by an association

           Division 2 - Assumptions people dealing with associations are entitled to make

   23.     Entitlement to make assumptions
   24.     Assumptions that may be made

           Division 3 - General

   25.     Provisions of model constitution apply if adopted or if matter not addressed
   26.     Nature of association
   27.     Pre-registration contracts

   PART 4 - MANAGEMENT OF ASSOCIATIONS

           Division 1 - Committee members-general

   28.     Committee to be established
   29.     Register of committee members
   30.     Committee meetings
   30A.    Duty of committee members
   30B.    Personal liability of committee members

           Division 1A - Committee members-offences
           Note

   31.     Disclosure of interests
   32.     Dishonest use of information
   33.     Dishonest use of position

           Division 2 - Public officer and authorised signatories

   34.     Public officer
   35.     Vacation of office of public officer
   36.     Authorised signatories

           Division 3 - General

   37.     General meetings
   38.     Voting generally
   39.     Voting on special resolutions
   40.     Association not to provide pecuniary gain for its members
   41.     Where name must appear

   PART 5 - FINANCIAL REPORTING

           Division 1 - Tier 1 associations

   42.     Application of Division
   43.     Financial statements
   44.     Submission of reports and statements to AGM
   45.     Lodgment of documents with Secretary

           Division 2 - Tier 2 associations

   46.     Application of Division
   47.     Financial statements
   48.     Submission of financial statements to AGM
   49.     Lodgment of summary with Secretary

           Division 3 - General

   50.     Keeping of accounts and minutes of proceedings
   51.     Audit at the Secretary’s direction
   52.     Auditor to be qualified and independent
   53.     Power of Secretary to grant exemptions

   PART 6 - EXTERNAL ADMINISTRATION AND WINDING UP

           Division 1 - External administration on grounds of insolvency

   54.     Appointment of administrator-Corporations legislation

           Division 2 - External administration on grounds other than insolvency

   55.     Appointment of administrator by Secretary
   56.     Effect of appointment of administrator
   57.     Revocation of appointment
   58.     Expenses of administration
   59.     Liabilities arising from administration
   60.     Stay of proceedings
   61.     Administrator to report to Secretary

           Division 3 - Winding up

   61A.    Winding up on Secretary’s certificate
   62.     Voluntary winding up
   63.     Winding up by Supreme Court
   64.     Modifications to text of applied Corporations Act 2001 of the Commonwealth
   65.     Distribution of surplus property
   66.     Appeal

           Division 4 - Offences relating to incurring of debts or fraudulent conduct

   67.     Definitions
   68.     Incurring of debts in respect of association to which this Division applies
   69.     Fraudulent conduct in respect of association to which this Division applies
   70.     Powers of Supreme Court
   71.     Certain rights not affected

   PART 7 - CANCELLATION AND TRANSFER OF REGISTRATION

           Division 1 - Voluntary cancellation

   72.     Application for cancellation
   73.     Secretary may direct association to apply for cancellation
   74.     Decision on application for voluntary cancellation
   75.     Distribution of assets

           Division 2 - Involuntary cancellation

   76.     Registration may be cancelled
   77.     Distribution of assets

           Division 3 - Transfer of registration

   78.     Application for transfer of registration declaration
   79.     Decision on application
   80.     Effect of transfer of registration declaration

           Division 4 - General

   81.     Loss of corporate status
   82.     (Repealed)
   83.     Certain liabilities not affected by cancellation
   84.     Reinstatement of registration

   PART 8 - ENFORCEMENT PROVISIONS

           Division 1 - Power to require information and documents

   85.     Power to require information and documents
   86.     Power to enter premises
   87.     Search warrants
   88.     Manner in which power of entry to be exercised
   89.     Damage to be minimised

           Division 2 - Offences

   90.     Offence of using certain names
   91.     Offences by committee members
   92.     Obstruction of authorised officers
   93.     Penalty notices
   94.     Proceedings for offences

   PART 9 - APPLICATION OF CORPORATIONS LEGISLATION

   95.     Excluded matters
   96.     Applying the Corporations legislation to associations
   97.     Modifications to applied provisions

   PART 10 - MISCELLANEOUS

   98.     Register of Incorporated Associations
   99.     Power of Secretary to refuse to register or reject documents
   100.    Evidentiary certificates
   101.    Service of documents
   102.    Authorised officers
   103.    Exclusion of personal liability
   104.    Review of decisions of Secretary
   105.    Waiver, remittal and postponement of fees
   106.    Delegation of Secretary’s functions
   107.    Regulations
   108.    (Repealed)
   109.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)
           SCHEDULE 4


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