ASSOCIATIONS INCORPORATION ACT 1985 - SECT 43A
ASSOCIATIONS INCORPORATION ACT 1985 - SECT 43A
43A—Application for deregistration
(1) A person
authorised by a special resolution of an incorporated association that has
surplus assets of a value not exceeding the prescribed amount may apply to
the Commission, in the form prescribed by the regulations, for deregistration
of the association.
(2) Where it is
impracticable for an incorporated association to authorise a person to make an
application under this section because the association no longer has an active
membership, the Commission may accept an application signed by not less than
two people each of whom is—
(a) an
officer of the association; or
(b) a
member of the association; or
(c) a
person who, in the opinion of the Commission, has a proper interest in the
application.
(3) An application
under this section must be accompanied by—
(a) a
declaration in the prescribed form stating that the association has no
liabilities and is not a party to any legal proceedings; and
(b) a
statement setting out the proposed manner of distributing the association's
surplus assets (or, where distribution has already occurred, setting out the
basis on which that distribution was made); and
(c) any
other prescribed material; and
(d) the
prescribed fee.
(4) A party to an
application under this section must, at the request of the Commission, supply
it with such further documents or information as the Commission may require.
(5) Where an
incorporated association making an application under this section does not
have any valid rules governing the distribution of surplus assets on
deregistration, the two people making an application under subsection (2)
may request that the Commission approve the manner or proposed manner of
distribution.
(6) The Commission
must, in approving a manner of distribution of surplus assets of an
incorporated association, have regard to the objects of the association and
any relevant provisions of the rules of the association.
(7) The Commission
must, within 1 month of the receipt of an application under this section,
publish a notice, in a manner and form determined by the Commission to be most
appropriate in the circumstances, setting out the prescribed particulars of
the application and inviting members of the public to make written submissions
to the Commission, within 1 month of the date specified in the notice for
that purpose, in relation to the application.
(8) In relation to an
incorporated association that has not distributed its surplus assets,
the Commission may, but is not obliged to, after the expiration of one month
from the date of publication of the notice under subsection (7), approve
the application for deregistration of the association if satisfied that—
(a) the
proposed manner of distribution of surplus assets is consistent with the
requirements under section 43 in relation to distribution of assets upon
winding up or with an approval of the Commission; and
(b) no
member of the public will suffer undue hardship as a result of deregistration
of the association.
(9) In relation to an
incorporated association that has distributed its surplus assets,
the Commission must, after the expiration of one month from the date of
publication of the notice under subsection (7) or after the receipt of
evidence satisfactory to the Commission as to the manner of distribution of
surplus assets (whichever is the later), approve the application for
deregistration of the association if satisfied that—
(a) the
manner of distribution of surplus assets was consistent with the requirements
under section 43 in relation to distribution of assets upon winding up or
with an approval of the Commission; and
(b) no
member of the public will suffer undue hardship as a result of deregistration
of the association.
(10) Within one month
of an application under this section being approved, the Commission must
publish a notice in the Gazette advising members of the public that the
association named in the notice was deregistered under this section on the
date specified in the notice.
(11) On publication of
a notice in the Gazette under subsection (10), the association named in
the notice will be taken to be dissolved.
(12) In this
section—
"prescribed amount" means—
(a)
$5 000; or
(b) if a
greater amount is prescribed by regulation, that amount;
"surplus assets", in relation to the deregistration of an
incorporated association, means those assets that remain after the liabilities
of the association have been discharged and the costs and expenses of
deregistration have been paid.