ASSOCIATIONS INCORPORATION ACT 1985
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. Reviews
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
65. Use of abbreviation "Inc."
66. Fees in respect of lodging documents
67. Regulations
Legislative history
The Parliament of South Australia enacts as
follows: