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ASSOCIATIONS INCORPORATION ACT 1985 - SECT 7

ASSOCIATIONS INCORPORATION ACT 1985 - SECT 7

7—Power of Commission to refuse to register or reject document etc

        (1)         If the Commission is of the opinion that a document submitted to the Commission

            (a)         contains matter contrary to law; or

            (b)         contains matter that, in a material particular, is false or misleading in the form or context in which it is included; or

            (c)         by reason of an omission or misdescription, has not been duly completed; or

            (d)         does not comply with the requirements of this Act; or

            (e)         contains an error, alteration or erasure,

the Commission may refuse to register or may reject the document and may request—

            (f)         that the document be appropriately amended or completed and resubmitted; or

            (g)         that a fresh document be submitted in its place; or

            (h)         where the document has not been duly completed, that a supplementary document in the prescribed form be submitted.

        (2)         The Commission may request a person who submits a document to the Commission to produce to the Commission such other document, or to furnish to the Commission such information, as the Commission thinks necessary in order to form an opinion whether it should refuse to register or should reject the document.

        (3)         If a person fails to comply with a request of the Commission made pursuant to subsection (1) or (2) within 14 days after the service on the person of the request, a court of summary jurisdiction may, on an application of the Commission, order the person to comply with the Commission's request within the time specified in the order.

        (4)         An order made under subsection (3) may provide that all costs of, and incidental to, the application are to be borne by the person responsible for the non-compliance.

        (5)         A person who contravenes or fails to comply with an order made under subsection (3) is guilty of an offence.

Maximum penalty:

            (a)         if the offence is committed in respect of a prescribed association—$5 000; or

            (b)         in any other case—$1 250.