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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.