South Australian Current Acts

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ASSOCIATIONS INCORPORATION ACT 1985


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   3A.     Exclusion of operation of Corporations Act
   4.      Act binds Crown

   PART 2--Administration

           Division 1--The Commission

   5.      Administration by the Commission
   6.      Inspection of documents
   7.      Power of Commission to refuse to register or reject document etc
   9.      Annual report

           Division 2--Power of inspection etc

   10.     Power of Commission to require production of books
   11.     Power of Commission to carry out investigations in relation to books
   12.     Protection from liability
   13.     Privileged communications
   14.     Offences
   15.     Self-incrimination
   16.     Liens on books
   17.     Secrecy

   PART 3--Incorporation of associations

           Division 1--Incorporation

   18.     Eligibility for incorporation
   19.     Manner in which application for incorporation is to be made
   20.     Incorporation of association
   21.     Rights and liabilities of members

           Division 2--Amalgamation

   22.     Amalgamation

           Division 3--Rules

   23.     Rules binding on association and its members
   23A.    Contents of rules of an incorporated association
   24.     Alteration of rules
   24A.    Court may order variation of rules

           Division 4--Powers

   25.     Powers of an incorporated association

           Division 5--Transactions

   26.     Manner in which contracts may be made
   27.     Limitation of doctrine of ultra vires
   28.     Abolition of doctrine of constructive notice in relation to incorporated association

   PART 4--Management of internal affairs

           Division 1--The committee

   29.     Management of incorporated associations
   30.     Certain persons not to be members of the committee
   31.     Disclosure of interest
   32.     Voting on a contract in which a committee member has an interest

           Division 2--Accounts and audit of prescribed associations

   33.     Preliminary
   34.     Application of Division to relevant prescribed associations
   34A.    Disclosure of information relating to relevant prescribed associations
   34B.    Commission may provide information to Commonwealth Commissioner
   35.     Accounts to be kept
   36.     Lodgment of periodic returns
   37.     Provisions relating to auditors acting under this Division
   37A.    Payment of auditor
   38.     Power of exemption

           Division 3--Annual general meeting

   39.     Annual general meeting

           Division 3A--Duties of officers etc

   39A.    Duties of officers etc
   39AB.   Reliance on information or advice provided by others
   39B.    Provisions indemnifying officers or auditors

           Division 3B--Records

   39C.    Keeping of records
   39D.    Inspection of records

           Division 4--Disputes

   40.     Rules of natural justice to be applied in relation to adjudication of dispute

   PART 5--Compromise, winding up, transfer of activities and dissolution

           Division 1--General

   40A.    Power to compromise with creditors
   40B.    Power to enter into voluntary administration
   41.     Winding up of incorporated associations
   41A.    Appeals from decisions of receivers, liquidators, managers etc
   41B.    Reports to be submitted to liquidator
   41C.    Declaration of solvency
   41D.    Disclosure to creditors on voluntary winding up
   41E.    Penalty for contravention of applied provisions
   42.     Power of Commission to require transfer of activities
   43.     Distribution of assets upon winding up
   43A.    Application for deregistration
   44.     Defunct associations
   44A.    Commission to act as representative of defunct association in certain events
   45.     Outstanding property of former association
   46.     Disposal of outstanding property
   47.     Liability of Commission and Crown as to property vested in Commission
   48.     Accounts
   49.     Removal of name from register

           Division 2--Offences

   49AA.   Interpretation and application
   49AB.   Non-disclosure
   49AC.   Failure to keep proper records
   49AD.   Incurring debts not likely to be paid
   49AE.   Powers of court
   49AF.   Frauds by officers

   PART 6--Miscellaneous

   49A.    General power of exemption of the Commission
   50.     Right of appeal
   51.     Minutes
   53.     Investing or depositing money with association
   53A.    Reservation of name
   54.     Name of association to be printed etc on documents
   55.     Prohibition against securing profits for members
   56.     Public officer
   57.     Penalty for non-compliance with Act or a condition imposed under Act
   58.     Falsification of books
   58A.    General defence
   59.     Variation or revocation of trusts
   60.     Misrepresentation as to incorporation under this Act
   61.     Oppressive or unreasonable acts
   62.     Examination of persons concerned with associations
   62A.    Orders against persons concerned with associations
   62B.    Civil proceedings not to be stayed
   62C.    Form and evidentiary value of books
   62D.    Continuing offences
   62E.    Proceedings for offences
   63.     Evidentiary provision
   64.     Service upon incorporated associations
   65.     Use of abbreviation "Inc."
   66.     Fees in respect of lodging documents
   67.     Regulations
           Legislative history
           The Parliament of South Australia enacts as
           follows:


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