ASSOCIATIONS INCORPORATION ACT 1985 - SECT 24A
ASSOCIATIONS INCORPORATION ACT 1985 - SECT 24A
24A—Court may order variation of rules
(1) The rules of an
incorporated association may be varied, on the application of the association,
by the Supreme Court.
(2) Where the rules of
the incorporated association provide for the membership of the association, a
meeting of the members must be held, before an application is made under this
section, to explain the purposes of the proposed application and seek the
views of the members in relation to the proposed application.
(3) Notice of an
application under this section must be given as the Supreme Court directs.
(4) The Supreme Court
may, on application under this section, order that the rules of an
incorporated association be varied in a manner the Court thinks fit, if it is
satisfied that—
(a) the
rules unduly limit the conduct of the association's affairs; and
(b) the
variation of the rules—
(i)
is consistent with the objects of the association; and
(ii)
will not prejudice any member of the association; and
(iii)
is justified in the circumstances of the particular case.
(5) Before making an
order under this section the Supreme Court must have regard to any views
expressed by members of the association in relation to the proposed variation
at a meeting held in accordance with subsection (2).
(6) The Commission is
entitled to appear and be heard in relation to an application under this
section.