ASSOCIATIONS INCORPORATION ACT 1985 - SECT 24

ASSOCIATIONS INCORPORATION ACT 1985 - SECT 24

24—Alteration of rules

        (1)         An alteration to a rule of an incorporated association may be made by a special resolution of the association unless other provision is made in the rules of the association.

        (2)         An incorporated association must, within one month after making an alteration to a rule, register the alteration with the Commission.

Maximum penalty: $1 250.

        (3)         An application for registration of a proposed alteration of the rules of an incorporated association—

            (a)         must be made in the prescribed form; and

            (c)         must be accompanied by the prescribed fee.

        (4)         Subject to subsection (5), where the Commission is satisfied that the proposed alteration conforms with the requirements of this Act, the Commission must register the alteration.

        (5)         Where an alteration to the rules of an incorporated association consists of or includes an alteration to the name of the association—

            (a)         the Commission must not register the alteration unless it is satisfied that the name—

                  (i)         is not such as to be misleading as to the nature, objects or purposes of the association; and

                  (ii)         is not such as is likely to be confused with the name of any other body corporate or any registered business name; and

                  (iii)         is not undesirable as a name for an incorporated association; and

                  (iv)         conforms with any directions of the Minister as to the names of incorporated associations; and

            (b)         the Commission must, if it registers the alteration, issue to the association a new certificate of incorporation and make an appropriate notation on the register of incorporated associations.

        (6)         Subject to any provision in the rules of the association or a resolution to the contrary, an alteration to the rules of an incorporated association comes into force at the time that the alteration is passed.

        (7)         Notwithstanding subsection (6), an alteration to the name of an incorporated association does not come into force until the alteration is registered by the Commission in accordance with this section.