ASSOCIATIONS ACT 2003
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Excluded matter for Corporations Act 2001
- 4 Definitions
PART 2--ADMINISTRATION
- 4A Director
- 4B Delegation
- 4C Approved forms
- 5 Director may exempt etc.
- 6 Secrecy
- 7 Protection from liability
PART 3--INCORPORATION
Division 1--Incorporation process
- 8 Application for incorporation of association
- 9 Certificate of incorporation
- 10 Director to notify refusal to incorporate association
Division 2--Effect of incorporation
- 11 Incorporation of association
- 12 Vesting of property in incorporated association
- 13 Power to borrow money and give securities
- 13A Prohibition on disbursing profits or assets to members
- 14 Liability of members
Division 3--Name and common seal of incorporated association
- 15 Name
- 16 Name to appear on documents
- 17 Change of name
- 18 Director to notify association of refusal to issue new certificate
- 19 Change of name does not affect existing rights and obligations
- 20 Common seal
Division 4--Constitution and trusts
- 21 Constitution
- 22 Filing of trusts
- 23 Alteration of constitution etc.
- 24 Director to notify incorporated association of refusal
- 25 Alteration of object etc. does not affect existing rights and obligations
Division 5--Miscellaneous provision
- 26 Minimum number of members of association
PART 4--MANAGEMENT OF INTERNAL AFFAIRS
Division 1--Officers and committee
- 27 Public officer
- 28 Notification of appointment and change of address of public officer
- 29 Management committee
- 30 Certain persons not to be members of committee etc.
- 31 Disclosure of interest
- 32 Voting on contract in which committee member has interest
- 33 Duties of officers etc.
Division 2--Meetings etc.
- 34 Register of members
- 35 First annual general meeting
- 36 Annual general meetings
- 37 Special resolutions
- 38 Minutes
- 39 Natural justice applies in adjudication of disputes
Division 3--Miscellaneous matters
PART 5--ACCOUNTS AND AUDIT
Division 1--Accounts
- 41 Accounting records
- 42 Annual statement of accounts
- 43 Presentation of statement at AGM
- 44 Inspection of audited accounts by members
- 45 Filing of audited accounts with Director
Division 2--Audits
- 46 Audits of tier 1 incorporated association
- 47 Audits of tier 2 incorporated association
- 48 Audits of tier 3 incorporated association
- 49 Auditor's powers and duties
- 50 Auditor's liability
- 51 Obstruction of auditor
- 52 Removal of auditors
PART 6--DISPOSAL OF PROPERTY
- 53 Application of Part 6
- 54 Transfer of property
- 55 Power of incorporated association to sell trust property
PART 7--TRANSFER OF INCORPORATION
- 56 Application for transfer
- 57 Requirements before application can be made
- 58 Meaning of transfer and new body
- 59 New body ceases to be incorporated association
- 60 Transfer not to impose greater liability etc.
- 61 Effect of new certificate of incorporation
- 62 New body is continuation of incorporated association
- 63 Director may direct incorporated association to change its incorporation
PART 8--DISSOLUTION OF CERTAIN ASSOCIATIONS
- 64 Application of Part 8
- 65 Dissolution
- 66 Director may act administratively for dissolved incorporated association
- 67 Property of dissolved incorporated association vests in CEO
- 68 CEO may sell vested property
- 69 Property vested in CEO subject to all charges etc.
- 70 CEO to keep records etc.
- 71 Reinstatement of dissolved incorporated association by NTCAT
PART 9--EXTERNAL ADMINISTRATION
Division 1--Winding up and other matters relating to external administration
- 72 Application of Corporations Act 2001 to external administration
- 73 Winding up by Supreme Court on certificate of Director
- 74 Court may appoint unregistered company liquidator
- 75 Penalty for contravention of applied provisions
- 76 Distribution of assets on winding up
- 77 Prescribed property in winding up
Division 2--Appointment of statutory manager
- 78 Appointment
- 79 Effect of appointment
- 80 Revocation of appointment
- 81 Expenses of administration
- 82 Liabilities arising from administration
- 83 Additional powers of Director
- 84 Stay of proceedings
- 85 Statutory Manager to report to Director
Division 3--Offences
- 86 Interpretation
- 87 Application of Division
- 88 Non-disclosure
- 89 Failure to keep proper records
- 90 Incurring debts not likely to be paid
- 91 Powers of court if debts unlikely to be paid
- 92 Frauds by officers
PART 10--INVESTIGATION OF INCORPORATED ASSOCIATIONS
- 93 Investigation of incorporated association's affairs
- 94 Director may require production of books
- 95 Director may carry out investigations in relation to books
- 96 Examination of persons concerned with incorporated association
- 97 Power of entry
- 98 Immunity from liability for complying with direction or requirement
- 99 Privileged communications
- 100 Orders against persons concerned with incorporated associations
PART 12--MISCELLANEOUS PROVISIONS
- 103 Civil proceedings not to be stayed
- 104 Form and evidentiary value of books
- 105 Provisions indemnifying officers or auditors
- 106 Penalty for non-compliance with Act or condition imposed under Act
- 107 Falsification of books
- 108 Misrepresentation as to incorporation under this Act
- 109 Oppressive or unreasonable acts
- 110 Disposing, charging or dealing with prescribed property
- 111 Regulatory offences
- 112 Proceedings for offences
- 113 Evidentiary provisions
- 114 Review by NTCAT
- 116 Director may require production of document
- 117 Fax or electronic transmission of documents
- 118 Service of documents
- 119 Regulations
PART 13--REPEAL AND TRANSITIONAL PROVISIONS
- 120 Definitions
- 121 Repeal
- 122 Applications
- 123 Certificates of incorporation, officers etc.
- 124 Notices for associations performing local government functions
- 125 Investigations
- 126 Consents in relation to prescribed property
- 127 If constitution not in accordance with Act on commencement
- 128 Audits
PART 14--TRANSITIONAL MATTERS FOR JUSTICE AND LICENSING LEGISLATION FURTHER AMENDMENT ACT 2022
- 129 Definitions
- 130 Delegation
- 131 Secrecy
- 132 Protection from liability
- 133 Property vested in Commissioner
- 134 Pending applications
- 135 Pending appeals
- 136 Appeals not yet commenced
- 137 Continuation of ongoing documents and actions
- 138 Offence provisions – before and after commencement
PART 15--TRANSITIONAL MATTERS FOR STATUTE LAW AMENDMENT (NTCAT CONFERRAL OF JURISDICTION) ACT 2023
- 139 Definitions
- 140 Applications to NTCAT by disqualified persons limited to declarations made after commencement
- 141 Appeals not commenced by disqualified persons before commencement
- 142 Appeals by disqualified persons not determined before commencement
- 143 Review by NTCAT limited to decisions made after commencement
- 144 Other appeals not commenced before commencement
- 145 Other appeals not determined before commencement
- 146 Applications relating to dissolved incorporated associations not determined before commencement
- 147 Applications to Treasurer and NTCAT regarding incorporated associations dissolved before commencement