ASSOCIATIONS INCORPORATION ACT 2009 - SECT 25 Provisions of model constitution apply if adopted or if matter not addressed

ASSOCIATIONS INCORPORATION ACT 2009 - SECT 25

25 Provisions of model constitution apply if adopted or if matter not addressed

(1) If an association's constitution adopts all the provisions of the model constitution without modification (either by reference or by reproducing the provisions), the provisions are taken to be the association's constitution.

(2) If an association's constitution fails to address a matter referred to in Schedule 1, the provisions of the model constitution with respect to the matter are taken to be part of the association's constitution.

(3) The provisions that are taken to be, or that are taken to be part of, an association's constitution under this section apply as in force for the time being.

(4) Accordingly, an amendment to those provisions changes the association's constitution without--

(a) any special resolution by the association to change its constitution or any application to the Secretary under section 10, or

(b) any registration of the change by the Secretary under section 12, or

(c) any other action by or on behalf of the association or its members or by or on behalf of the Secretary.

(5) To avoid doubt, this section does not limit the way in which an association's constitution may address a matter referred to in Schedule 1.

(6) A provision of an association's constitution is of no effect to the extent to which it is contrary to this or any other Act or law.