ASSOCIATIONS INCORPORATION ACT 1985 - SECT 49AA

ASSOCIATIONS INCORPORATION ACT 1985 - SECT 49AA

49AA—Interpretation and application

        (1)         This Division applies to an incorporated association—

            (a)         that is being or has been wound up;

            (b)         that has been in the course of being wound up, where the winding up has been stayed or terminated;

            (c)         of which a provisional liquidator has been appointed;

            (d)         that is or has been under administration;

            (e)         that has executed a deed of arrangement (even if the deed has since been terminated);

            (f)         that is defunct or is unable to pay its debts.

        (2)         For the purposes of this Division, an incorporated association will be taken to be defunct if, and only if, the Commission has served or published notice in respect of the association under section 44(1).

        (3)         For the purposes of this Division, an incorporated association will be taken to be unable to pay its debts if, and only if, execution or other process issued on a judgement, decree or order of any court in favour of a creditor of the association is returned unsatisfied in whole or in part.

        (4)         In this Division—

"appropriate officer" means—

            (a)         in relation to an incorporated association that is being, has been or has been being wound up—the liquidator;

            (b)         in relation to an incorporated association of which a provisional liquidator has been appointed—the provisional liquidator;

            (c)         in relation to an incorporated association that is or has been under administration—the administrator;

            (d)         in relation to an incorporated association that has executed a deed of arrangement—the deed's administrator;

            (e)         in relation to an incorporated association that is defunct or is unable to pay its debts—the Commission;

"relevant day" means—

            (a)         in relation to an incorporated association that has been wound up or is being or has been being wound up—

                  (i)         if, because of the application of Division 1A of Part 5.6 of the Corporations Act 2001 of the Commonwealth, as applied by virtue of this Part, the winding up is taken to have begun on the day when an order that the association be wound up was made—the day on which the application for the order was filed;

                  (ii)         otherwise—the day on which the winding up is taken, because of Division 1A of Part 5.6 of the Corporations Act 2001 of the Commonwealth, as applied by virtue of this Part, to have begun;

            (b)         in relation to an incorporated association of which a provisional liquidator has been appointed—the day on which the provisional liquidator was appointed;

            (c)         in relation to an incorporated association that is or has been under administration—the day on which the administration began;

            (d)         in relation to an incorporated association that has executed a deed of arrangement—the day on which the deed was executed;

            (e)         in relation to an incorporated association that is defunct—the day on which notice was served or published under section 44(1);

            (f)         in relation to an incorporated association that is unable to pay its debts—the day on which execution or other process was first returned unsatisfied in whole or in part in respect of the association.