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PARLIAMENT OF VICTORIA
Associations Incorporation Amendment Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 3
PART 2--GENERAL AMENDMENTS 4
4 Definitions 4
5 Rights of members under rules 4
6 New section 14C inserted 5
14C Oppressive conduct 5
7 Ultra vires transactions 9
8 Alteration of rules 10
9 Special resolution 10
10 New section 29D inserted 11
29D Return of documents belonging to the incorporated
association 11
11 New section 30C inserted 12
30C Removal of auditors 12
12 New Parts VIIAB and VIIAC inserted 14
PART VIIAB--STATUTORY MANAGEMENT OF
INCORPORATED ASSOCIATION 14
31D Appointment of statutory manager 14
31E Effect of appointment of statutory manager 15
31F Powers of statutory manager 15
31G Revocation of appointment 16
31H Expenses of statutory management 18
31I Liabilities arising from statutory management 18
31J Statutory manager to report to Registrar 19
31K Additional powers of Registrar 19
31L Stay of proceedings 20
PART VIIAC--VOLUNTARY ADMINISTRATION OF
INCORPORATED ASSOCIATION 21
31M Declaration of applied Corporations legislation matter 21
561217B.I-3/12/2008 i BILL LA INTRODUCTION 3/12/2008
Clause Page
13 Repeal of sections 32 and 33A to 33E 23
14 Winding up by the court 23
15 New Division 3A inserted in Part VIII 24
Division 3A--Distribution of surplus assets 24
36CA Distribution of surplus assets 24
16 New Subdivision 1 heading inserted in Division 5 of Part VIII 26
17 Cancellation of incorporation 27
18 New Subdivision 2 inserted in Division 5 of Part VIII 27
Subdivision 2--Voluntary cancellation 27
36EA Application to Registrar 27
36EB Powers of the Registrar 29
36EC Cancellation of incorporation by the Registrar 29
19 New Subdivision 3 heading inserted in Division 5 of Part VIII 30
20 Vesting of property after cancellation 31
21 New section 37A substituted 31
37A Definitions 31
22 New section 38 substituted 31
38 Registrar of Incorporated Associations 31
23 Register 32
24 Authority of public officer etc. 32
25 Incorrect etc. documents lodged with Registrar 33
26 New section 49A substituted 34
49A Retention of documents 34
27 New sections 53B and 53C inserted 34
53B Transfer of proceeding to Supreme Court 34
53C Qualified privilege of auditor, statutory manager and
administrator 35
28 Gender specific references substituted 35
29 Transitional provisions 36
30 New section 56 inserted 36
56 Transitional provisions--Associations Incorporation
Amendment Act 2008 36
PART 3--PUBLIC OFFICER 39
31 Definitions 39
32 References to public officer substituted 39
33 Authority of public officer etc. 40
34 Transitional provisions--Associations Incorporation
Amendment Act 2008 41
PART 4--RULES OF INCORPORATED ASSOCIATION 43
35 Matters to be provided for in rules 43
561217B.I-3/12/2008 ii BILL LA INTRODUCTION 3/12/2008
Clause Page
PART 5--REPEAL OF AMENDING ACT 44
36 Repeal of amending Act 44
ENDNOTES 45
561217B.I-3/12/2008 iii BILL LA INTRODUCTION 3/12/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Associations Incorporation Amendment
Bill 2008
A Bill for an Act to amend the Associations Incorporation Act 1981
in relation to regulatory requirements for incorporated associations
and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Associations Incorporation Act 1981--
5 (a) to provide for the merger of the roles of
secretary and public officer of an
incorporated association;
(b) to establish the Registrar as a body
corporate;
561217B.I-3/12/2008 1 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 1--Preliminary
s. 2
(c) to prohibit an incorporated association from
acting in contravention of its rules or
contrary to its statement of purposes;
(d) to provide remedies where an incorporated
5 association engages in oppressive conduct;
(e) to allow for the appointment of a statutory
manager to an incorporated association;
(f) to prohibit an incorporated association from
distributing its assets to its members on
10 winding up;
(g) to permit voluntary cancellation of
incorporation for certain incorporated
associations;
(h) to improve generally the operation of the
15 Associations Incorporation Act 1981.
2 Commencement
(1) This Act (except Parts 3 and 4) comes into
operation on the day after the day on which it
receives the Royal Assent.
20 (2) Subject to subsection (4), Part 3 comes into
operation on a day to be proclaimed.
(3) Subject to subsection (4), Part 4 comes into
operation on a day to be proclaimed.
(4) If Part 3 or Part 4 does not come into operation
25 before 1 December 2011, it comes into operation
on that day.
561217B.I-3/12/2008 2 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 1--Preliminary
s. 3
3 Principal Act
In this Act, the Associations Incorporation Act See:
Act No.
1981 is called the Principal Act. 9713.
Reprint No. 7
as at
18 September
2007
and
amending
Act No.
2/2008.
LawToday:
www.
legislation.
vic.gov.au
__________________
561217B.I-3/12/2008 3 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 4
PART 2--GENERAL AMENDMENTS
4 Definitions
In section 3(1) of the Principal Act--
(a) insert the following definition--
5 "Council has the same meaning as it has in
section 3(1) of the Local Government
Act 1989;";
(b) for the definition of Registrar substitute--
"Registrar means the body corporate
10 established under section 38;".
5 Rights of members under rules
(1) Insert the following heading to section 14A of the
Principal Act--
"Enforceability of rules and purposes".
15 (2) After section 14A(1) of the Principal Act insert--
"(1A) Subject to this Act, an incorporated
association must not--
(a) exercise any power that the
incorporated association is prohibited,
20 by the rules of the incorporated
association, from exercising; or
(b) exercise any power contrary to a
restriction on the exercise of that power
contained in the rules of the
25 incorporated association; or
(c) do any act that is outside the scope of
the statement of purposes of the
incorporated association.
(1B) The public officer or a member of the
30 committee of an incorporated association
must not in any way, by act or omission,
561217B.I-3/12/2008 4 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 6
directly or indirectly, be knowingly
concerned in or party to a contravention by
the incorporated association of
subsection (1A).".
5 (3) In section 14A(2) of the Principal Act for "or a
member of an incorporated association"
substitute "a member of an incorporated
association or the Registrar".
(4) After section 14A(2)(a) of the Principal Act
10 insert--
"(ab) restraining an incorporated association from
doing an act that is outside the scope of its
statement of purposes; or".
(5) After section 14A(4) of the Principal Act insert--
15 "(5) The Registrar may make an application to
the Magistrates' Court under subsection (2)
only if the Registrar is satisfied that it is in
the public interest to do so.".
6 New section 14C inserted
20 After section 14B of the Principal Act insert--
"14C Oppressive conduct
(1) A member or former member of an
incorporated association may apply to the
Magistrates' Court for an order under this
25 section on the ground that the incorporated
association has engaged, or proposes to
engage, in oppressive conduct.
(2) Unless the Magistrates' Court grants leave to
apply at a later date, an application under
30 subsection (1) by a former member must be
made within 6 months of the person ceasing
to be a member of the incorporated
association.
561217B.I-3/12/2008 5 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 6
(3) The Magistrates' Court may only grant leave
to a former member to make an application
under subsection (1) later than 6 months after
the person has ceased to be a member of the
5 incorporated association if the Magistrates'
Court is satisfied that there is sufficient
public interest to do so.
(4) On hearing the application, the Magistrates'
Court may, if satisfied that the incorporated
10 association has engaged, or proposes to
engage, in oppressive conduct, make one or
more of the following orders--
(a) an order for regulating the conduct of
the incorporated association's affairs in
15 the future;
(b) an order directing the incorporated
association to institute, prosecute,
defend or discontinue specified
proceedings, or authorising a member
20 of the incorporated association to do so
on behalf of the incorporated
association;
(c) an order restraining a person from
engaging in specified conduct or from
25 doing a specified act or thing;
(d) an order requiring a person to do a
specified act or thing;
(e) an order for the alteration of the rules of
the incorporated association;
30 (f) an order that a former member be
reinstated as a member of the
incorporated association;
(g) an order terminating a person's
membership of the incorporated
35 association;
561217B.I-3/12/2008 6 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 6
(h) an order under section 31D(2),
appointing a statutory manager of the
incorporated association;
(i) subject to subsection (5), any other
5 order that is, in the opinion of the
Court, necessary to remedy any default
or resolve any dispute.
(5) The Magistrates' Court must not make an
order that an incorporated association be
10 wound up.
(6) The Magistrates' Court must transfer a
proceeding under this section to the Supreme
Court if--
(a) the Magistrates' Court has explored all
15 possible avenues of achieving a
negotiated settlement and a negotiated
settlement has not occurred; and
(b) it appears to the Magistrates' Court that
an order that the incorporated
20 association be wound up may be an
appropriate order in the proceeding.
(7) If a proceeding has been transferred to the
Supreme Court under subsection (6), it may
be continued and completed as if steps taken
25 in the proceeding prior to the transfer had
been taken in the Supreme Court.
Note
The same applies to a proceeding transferred to the
Supreme Court under section 53B(1)(a).
30 (8) In a proceeding under this section, the
Supreme Court may make--
(a) an order that the incorporated
association be wound up; or
(b) any order the Magistrates' Court may
35 make under subsection (4).
561217B.I-3/12/2008 7 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 6
(9) The Supreme Court must not make an order
under this section that an incorporated
association be wound up if it is of the
opinion that the winding up of the
5 incorporated association would unfairly
prejudice members affected by the conduct
of the incorporated association.
(10) If an order is made under this section that an
incorporated association be wound up, the
10 provisions of Part VIII apply as if the order
had been made under Division 2 of that Part.
(11) If an order under this section makes any
alteration to the rules of an incorporated
association--
15 (a) the alteration has effect as if it had been
duly made by a special resolution of the
incorporated association; and
(b) the incorporated association does not
have power to make further alterations
20 to the rules inconsistent with the
provisions of the order, except with the
permission of the Court that made the
order.
(12) Within 14 days of the making of an order
25 under this section, the person who applied
for the order must lodge a copy of the order
with the Registrar.
Penalty: 10 penalty units.
(13) For the purposes of this section--
30 (a) oppressive conduct, in relation to an
incorporated association, includes
conduct that is--
(i) unfairly prejudicial to, or unfairly
discriminatory against, a member
35 of the incorporated association
561217B.I-3/12/2008 8 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 7
(including in the member's
capacity as a member of the
committee); or
(ii) contrary to the interests of the
5 members of the incorporated
association as a whole; and
(b) a reference to engaging in conduct
includes a reference to refusing or
failing to take action.".
10 7 Ultra vires transactions
(1) Insert the following heading to section 17 of the
Principal Act--
"Ultra vires or prohibited transactions".
(2) For section 17(1) of the Principal Act
15 substitute--
"(1) No act of an incorporated association
(including the entering into of an agreement
by the incorporated association), and no
conveyance or transfer of property to or by
20 an incorporated association is invalid by
reason only of the fact that--
(a) the incorporated association was
without the capacity or power to do the
act or execute or take the conveyance
25 or transfer; or
(b) doing the act, or executing or taking the
conveyance or transfer, was prohibited
under section 14A(1A).
(1A) No act performed by a person for or on
30 behalf of an incorporated association
(including the entering into of an agreement
on behalf of the incorporated association) is
invalid by reason only of the fact that doing
the act was prohibited under section
35 14A(1B).".
561217B.I-3/12/2008 9 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 8
(3) In section 17(2) of the Principal Act after "power"
insert "or prohibition".
(4) In section 17(2)(a) of the Principal Act--
(a) before "to restrain" insert "or the Registrar";
5 (b) after "association;" insert "or".
(5) For section 17(2)(c) of the Principal Act
substitute--
"(c) an application by a member of the
incorporated association or the Registrar to
10 wind up the incorporated association; or
(d) an application by the Registrar to appoint a
person as the statutory manager of the
incorporated association.".
8 Alteration of rules
15 (1) In section 22(3)(d) of the Principal Act, after
"resolution" insert "or within a longer time
allowed by the Registrar".
(2) After section 22(4) of the Principal Act insert--
"(5) If a special resolution provides for more than
20 one alteration to the rules of an incorporated
association, nothing in this section prevents
the Registrar from approving one or more
but not all of those alterations.".
9 Special resolution
25 For section 29(3) of the Principal Act
substitute--
"(3) A resolution is not to be considered to have
been passed as a special resolution under
subsection (2) unless not less than 21 days
30 notice has been given in accordance with the
rules to all of the entitled members of the
incorporated association--
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Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 10
(a) stating in full the proposed resolution;
and
(b) specifying the intention to propose the
resolution as a special resolution.".
5 10 New section 29D inserted
After section 29C of the Principal Act insert--
"29D Return of documents belonging to the
incorporated association
(1) This section applies if--
10 (a) a person, by virtue of the person's office
or role in or membership of an
incorporated association, has in the
person's custody documents of the
association; and
15 (b) the person ceases to hold that office or
have that role or ceases to be a member
of the association.
(2) Within 28 days of the person ceasing to hold
that office or have that role or ceasing to be a
20 member, the person, or the estate of the
person, must return those documents to the
committee of the incorporated association.
(3) If--
(a) a person, or a person's estate, has failed
25 to comply with subsection (2); and
(b) a written request from the public officer
or the statutory manager of the
incorporated association for the return
of the documents has been sent by
30 registered mail to the person, or the
person's estate; and
561217B.I-3/12/2008 11 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 11
(c) the documents have not been returned
within 28 days of receipt of the
request--
the incorporated association may apply to the
5 Magistrates' Court for an order directing the
person, or the executor or administrator of
the estate of the person, to return the
documents to the incorporated association.
(4) The Magistrates' Court may make the order
10 applied for under subsection (3).".
11 New section 30C inserted
After section 30B of the Principal Act insert--
"30C Removal of auditors
(1) An auditor of an incorporated association
15 may be removed from office by resolution at
a general meeting of the incorporated
association in accordance with this section
but not otherwise.
(2) Written notice of an intention to move a
20 resolution referred to in subsection (1) must
be given to every member of the
incorporated association at least 2 months
before the general meeting is to be held.
(3) The notice must state in full the proposed
25 resolution.
(4) As soon as possible after being given the
notice of the resolution, the public officer of
the incorporated association must--
(a) give a copy of the notice to the auditor;
30 and
(b) lodge a copy of the notice with the
Registrar.
561217B.I-3/12/2008 12 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 11
(5) Within 7 days after receiving a notice under
subsection (4) the auditor may--
(a) make a written representation, not
exceeding a reasonable length, to the
5 secretary of the incorporated
association; and
(b) request that a copy of the representation
be given to the members of the
incorporated association.
10 (6) Unless the Registrar on the application of the
incorporated association otherwise orders--
(a) the secretary must give a copy of the
written representation made by the
auditor to all members of the
15 incorporated association before the
meeting at which the resolution is to be
considered; and
(b) the auditor must be allowed to attend
the meeting at which the resolution is to
20 be considered and address the meeting
prior to the vote on the resolution.
(7) The Registrar may make an order under
subsection (6) subject to any conditions the
Registrar considers appropriate.
25 (8) A document required to be given to a
member of an incorporated association under
this section may be given--
(a) personally; or
(b) by post; or
30 (c) by any other means authorised under
the rules of the incorporated
association.
561217B.I-3/12/2008 13 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 12
(9) All costs associated with giving a document
to the members of the incorporated
association under this section are to be borne
by the incorporated association.".
5 12 New Parts VIIAB and VIIAC inserted
After Part VIIA of the Principal Act insert--
"PART VIIAB--STATUTORY MANAGEMENT
OF INCORPORATED ASSOCIATION
31D Appointment of statutory manager
10 (1) The Registrar may apply to the Magistrates'
Court for the appointment of a statutory
manager to conduct the affairs of an
incorporated association.
(2) On an application under subsection (1), the
15 Magistrates' Court may, by order, appoint a
person as statutory manager of the
incorporated association subject to the terms
and conditions the Court determines.
(3) The order must specify--
20 (a) the date of appointment; and
(b) the appointee's name; and
(c) the appointee's business address.
(4) If the appointee's name or business address
changes, the appointee must immediately
25 give written notice of the change to the
Registrar.
(5) The Magistrates' Court must not appoint a
statutory manager unless the Registrar
certifies that following an investigation
30 pursuant to the provisions of this Act into the
affairs of the incorporated association or the
working and financial condition of the
incorporated association, the appointment is
561217B.I-3/12/2008 14 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 12
in the interests of its members, its creditors
or the public.
31E Effect of appointment of statutory
manager
5 (1) On the appointment of a statutory manager
of an incorporated association the committee
members of the incorporated association
cease to hold office.
(2) A committee member of an incorporated
10 association must not be appointed or elected
while the statutory manager is in office
except as provided by this Part.
31F Powers of statutory manager
(1) A statutory manager of an incorporated
15 association--
(a) has control of, and may manage, the
property and affairs of the incorporated
association; and
(b) may dispose of all or part of the
20 property of the incorporated
association; and
(c) may engage or discharge employees on
behalf of the incorporated association;
and
25 (d) may perform any function and exercise
any power that could, were the
incorporated association not under
statutory management, be performed or
exercised by--
30 (i) the incorporated association; or
(ii) any officer of the incorporated
association; or
(iii) the members of the incorporated
association.
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Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 12
(2) To avoid doubt and without limiting
subsection (1)(d), the statutory manager may
perform any function and exercise any power
the incorporated association has as trustee.
5 31G Revocation of appointment
(1) A statutory manager holds office until the
statutory manager's appointment is revoked.
(2) A statutory manager's appointment is
revoked if any of the following occurs--
10 (a) on application by the Registrar, the
Magistrates' Court orders the revocation
of the appointment of a statutory
manager;
(b) a liquidator of the incorporated
15 association is appointed by the
Supreme Court;
(c) the Registrar cancels the incorporation
of the incorporated association under
section 36EC.
20 (3) Immediately on the revocation of a statutory
manager's appointment, the statutory
manager must submit to the Registrar a
report showing how the statutory
management was carried out.
25 (4) For the purposes of preparing the report the
statutory manager has access to the records
and documents of the incorporated
association.
(5) The Registrar may provide a copy of the
30 report to the incorporated association.
(6) On submitting the report under
subsection (3) and accounting fully in
relation to the statutory management of the
incorporated association to the satisfaction of
35 the Registrar, the statutory manager is
561217B.I-3/12/2008 16 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 12
released from any further duty to account in
relation to the statutory management of the
incorporated association other than on
account of fraud, dishonesty, negligence or
5 wilful failure to comply with this Act or the
regulations.
(7) Before revoking the appointment of a
statutory manager of an incorporated
association, the Magistrates' Court must--
10 (a) appoint another statutory manager; or
(b) be satisfied that the committee
members of the incorporated
association have been elected in
accordance with the rules of the
15 incorporated association at a meeting
convened by the statutory manager in
accordance with those rules; or
(c) be satisfied that the Registrar has
appointed committee members of the
20 incorporated association under
subsection (8).
(8) The Registrar may appoint the committee
members of an incorporated association for
which a statutory manager is appointed.
25 (9) Committee members elected or appointed in
accordance with this section--
(a) take office on revocation of the
statutory manager's appointment; and
(b) subject to section 31K in the case of
30 committee members appointed by the
Registrar, hold office until the next
annual general meeting of the
incorporated association after the
revocation of that appointment.
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Part 2--General Amendments
s. 12
31H Expenses of statutory management
(1) The expenses of and incidental to the
conduct of an incorporated association's
affairs by a statutory manager are payable
5 from the incorporated association's funds.
(2) The expenses of conducting an incorporated
association's affairs include--
(a) if the statutory manager is not an
employee of the public service,
10 remuneration of the statutory manager
at a rate approved by the Magistrates'
Court; or
(b) if the statutory manager is an employee
of the public service, the amount that
15 the Magistrates' Court certifies should
be paid to the Crown as repayment of
the statutory manager's remuneration.
(3) An amount certified under subsection (2)(b)
may be recovered in a court of competent
20 jurisdiction as a debt due to the Crown.
(4) A statutory manager has, in relation to the
expenses specified in subsection (1), the
same priority on the winding up of an
incorporated association as the liquidator of
25 the incorporated association has.
31I Liabilities arising from statutory
management
(1) If an incorporated association incurs any loss
because of any fraud, dishonesty, negligence
30 or wilful failure to comply with this Act or
the regulations or the rules of the
incorporated association by a statutory
manager, the statutory manager is liable for
the loss.
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Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 12
(2) A statutory manager is not liable for any loss
that is not a loss to which subsection (1)
applies but must account for the loss in a
report given under section 31G or 31J.
5 31J Statutory manager to report to Registrar
(1) On the receipt of a request from the
Registrar, a statutory manager must, without
delay, prepare and give to the Registrar a
report showing how the statutory
10 management is being carried out.
(2) The Registrar may give a copy of the report
to the incorporated association.
31K Additional powers of Registrar
(1) If the Registrar appoints committee members
15 of an incorporated association under section
31G(8), the Registrar may, by written notice
given to the incorporated association,
specify--
(a) a time during which this section is to
20 apply in relation to the incorporated
association; and
(b) the terms and conditions on which all
or any of the committee members hold
office; and
25 (c) with the consent of the Magistrates'
Court, the rules that are to be the
incorporated association's rules.
(2) While this section applies to an incorporated
association, the Registrar may--
30 (a) from time to time remove and appoint
committee members; and
(b) from time to time, vary, revoke or
specify new terms and conditions in
place of all or any of the terms and
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Part 2--General Amendments
s. 12
conditions specified under
subsection (1)(b); and
(c) with the consent of the Magistrates'
Court, amend all or any of the rules
5 specified under subsection (1)(c).
(3) The Registrar may, by written notice given
to the incorporated association, extend the
time for which this section is to apply in
relation to the incorporated association.
10 (4) A rule specified by the Registrar under this
section as a rule of an incorporated
association--
(a) is not to be altered except in the way set
out in this section; and
15 (b) if it is inconsistent with any other rule
of the incorporated association, prevails
over the other rule, and the other rule is
to the extent of the inconsistency
invalid; and
20 (c) is a rule of the incorporated association
for the purposes of this Act.
31L Stay of proceedings
(1) If the Magistrates' Court appoints a statutory
manager to conduct an incorporated
25 association's affairs, a person must not begin
or continue any proceeding in a court against
the incorporated association until the
statutory manager's appointment is revoked
except with the leave of the Magistrates'
30 Court and, if the Magistrates' Court grants
leave, in accordance with any terms and
conditions that the Magistrates' Court
imposes.
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Part 2--General Amendments
s. 12
(2) A person intending to apply for leave of the
Magistrates' Court under subsection (1) must
give the Registrar not less than 10 days
notice of intention to apply.
5 (3) On the hearing of an application under
subsection (1), the Registrar may be
represented and may oppose the granting of
the application.
__________________
10 PART VIIAC--VOLUNTARY
ADMINISTRATION OF INCORPORATED
ASSOCIATION
31M Declaration of applied Corporations
legislation matter
15 (1) The voluntary administration of an
incorporated association is declared to be an
applied Corporations legislation matter for
the purposes of Part 3 of the Corporations
(Ancillary Provisions) Act 2001 in relation
20 to Part 5.3A (Administration of company's
affairs with a view to executing a deed of
company arrangement) and Division 3 of
Part 5.9 of the Corporations Act, subject to
the following modifications--
25 (a) the modifications referred to in
subsection (2);
(b) such other modifications (within the
meaning of Part 3 of the Corporations
(Ancillary Provisions) Act 2001) as
30 may be prescribed by the regulations.
Note
Part 3 of the Corporations (Ancillary Provisions)
Act 2001 provides for the application of provisions of
the Corporations Act and Part 3 of the ASIC Act as
35 laws of the State in respect of any matter declared by
561217B.I-3/12/2008 21 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 12
a law of the State (whether with or without
modification) to be an applied Corporations
legislation matter for the purposes of that Part in
relation to those Commonwealth provisions.
5 (2) The following modifications to the text of
the Corporations Act apply for the purposes
of subsection (1)--
(a) a reference to a company or body is to
be read as a reference to an
10 incorporated association;
(b) a reference to the directors of a
company is to be read as a reference to
the members of the committee of an
incorporated association;
15 (c) a reference to a secretary of a company
is to be read as a reference to the public
officer of an incorporated association;
(d) a reference to a principal place of
business of a company is to be read as a
20 reference to the registered address of an
incorporated association;
(e) a reference to a company carrying on
business or having a place of business
is to be read as a reference to an
25 incorporated association pursuing its
objects;
(f) a reference to ASIC is to be read as a
reference to the Registrar;
(g) a reference to a document in the
30 prescribed form is to be read as a
reference to a document in the
corresponding form prescribed under
the Corporations Act with all necessary
modification;
35 (h) a reference to the Court is to be read as
a reference to the Supreme Court;
561217B.I-3/12/2008 22 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 13
(i) a reference to the lodgement of a
document is to be read as a reference to
lodgement of that document with the
Registrar;
5 (j) a reference to a company's constitution
is to be read as a reference to an
incorporated association's rules;
(k) a reference to a special resolution is to
be read as a reference to a special
10 resolution within the meaning of this
Act;
(l) a reference to an officer of a company
is to be read as a reference to a member
of the committee of an incorporated
15 association and, if applicable, a
reference to a past officer is to be read
as a reference to a past member of the
committee of an incorporated
association;
20 (m) a reference in section 446A to a
contributory of a company is to be read
as a reference to a member of an
incorporated association.
__________________".
25 13 Repeal of sections 32 and 33A to 33E
Sections 32, 33A, 33B, 33C, 33D and 33E of the
Principal Act are repealed.
14 Winding up by the court
(1) In section 34(2)(c) of the Principal Act for
30 "Registrar." substitute "Registrar; or".
(2) After section 34(2)(c) of the Principal Act
insert--
"(d) the statutory manager of the incorporated
association.".
561217B.I-3/12/2008 23 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 15
15 New Division 3A inserted in Part VIII
After Division 3 of Part VIII of the Principal Act
insert--
"Division 3A--Distribution of surplus assets
5 36CA Distribution of surplus assets
(1) In this section surplus assets, in relation to
the winding up of an incorporated
association, means those assets remaining
after satisfaction of the debts and liabilities
10 of the incorporated association and the costs,
charges and expenses of the winding up.
(2) Subject to subsections (3) and (4), an
incorporated association must not distribute
any surplus assets available for distribution
15 at the completion of the winding up of the
incorporated association under this Part, to--
(a) any member or former member of the
incorporated association; or
(b) to any person to be held on trust for any
20 member or former member of the
incorporated association.
(3) The surplus assets of an incorporated
association that is in the process of winding
up may be distributed to a member or former
25 member if--
(a) the member or former member is a
body corporate or an association
(whether incorporated or not) and the
Registrar is satisfied that--
30 (i) at the time of the distribution, the
body corporate or association is
prevented by its rules or otherwise
from distributing the surplus
assets to its members; and
561217B.I-3/12/2008 24 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 15
(ii) the distribution is not contrary to
this Act or the regulations; or
(b) the member or former member is a
trustee who holds, or held, membership
5 of the incorporated association on
behalf of a trust and the Registrar is
satisfied that--
(i) at the time of the distribution, the
trustee is prevented by the terms
10 of the trust or otherwise from
distributing the surplus assets to
the beneficiaries of the trust; and
(ii) the distribution is not contrary to
this Act or the regulations.
15 (4) Despite subsections (2) and (3), an asset or
part of an asset of the incorporated
association that consists of property supplied
by a government department, public
authority or Council, including the
20 unexpended portion of a grant, must be
returned to the department, authority or
Council that supplied it or to a body
nominated by the department, authority or
Council.
25 (5) Subject to this section and any court order,
the surplus assets of an incorporated
association are, on the winding up of the
incorporated association, to be distributed in
accordance with--
30 (a) the rules of the incorporated
association; or
(b) if there are no valid rules of an
incorporated association governing the
distribution of any surplus assets, by a
35 special resolution of the incorporated
association.
561217B.I-3/12/2008 25 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 16
(6) The Supreme Court may make an order
relating to the distribution of the surplus
assets of an incorporated association on a
winding up on the application of--
5 (a) the Registrar; or
(b) a liquidator of the incorporated
association; or
(c) a member of an incorporated
association; or
10 (d) any person aggrieved by the operation
of this Division in relation to the
surplus assets of an incorporated
association.
(7) The Supreme Court may make an order
15 under subsection (6) permitting the
distribution of surplus assets to its members.
(8) The Supreme Court, in making an order
under subsection (6), must have regard to
any relevant rules and the purposes of the
20 incorporated association.
(9) This section applies subject to any trust
affecting all or any of the assets of the
incorporated association.".
16 New Subdivision 1 heading inserted in Division 5 of
25 Part VIII
After the heading to Division 5 of Part VIII of the
Principal Act insert--
"Subdivision 1--Cancellation on winding up or
ceasing to operate".
561217B.I-3/12/2008 26 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 17
17 Cancellation of incorporation
For section 36E(7) of the Principal Act
substitute--
"(7) Despite the cancellation of incorporation, if
5 immediately before the cancellation a person
has a liability incurred by the person by
virtue of the person's role in or membership
of the incorporated association, that liability
continues and may be enforced as if the
10 incorporation had not been cancelled.".
18 New Subdivision 2 inserted in Division 5 of
Part VIII
After section 36E of the Principal Act insert--
"Subdivision 2--Voluntary cancellation
15 36EA Application to Registrar
(1) An application may be made to the Registrar
to cancel the incorporation of an
incorporated association if the incorporated
association--
20 (a) has gross assets of less than $10 000 or
such other amount as is prescribed by
regulation; and
(b) has no outstanding debts or liabilities;
and
25 (c) has paid all fees and penalties under
this Act; and
(d) is not a party to any legal proceedings.
561217B.I-3/12/2008 27 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 18
(2) An application under subsection (1) may
only be made by--
(a) an incorporated association that has
passed a special resolution agreeing to
5 seek cancellation of incorporation
under this section; or
(b) if the incorporated association is not in
operation, a member or a former
member of the incorporated
10 association; or
(c) a statutory manager of the incorporated
association appointed under
section 31D; or
(d) an administrator of the incorporated
15 association appointed under voluntary
administration procedures under
Part VIIAC.
(3) The Registrar must not accept an application
under this section by a member or former
20 member of an incorporated association
unless the Registrar is satisfied that the
incorporated association is not in operation.
(4) An application to the Registrar under
subsection (1) must be made in the form
25 approved by the Registrar and be
accompanied by the prescribed fee, if any.
(5) The application must include a declaration
by the applicant--
(a) that all of the matters prescribed in
30 subsection (1) exist in relation to the
incorporated association; and
(b) that the applicant is qualified under
subsection (2) to make the application;
and
561217B.I-3/12/2008 28 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 18
(c) in the case of an application by a
member or former member of the
incorporated association, that the
incorporated association is not in
5 operation; and
(d) setting out the reasons why the
applicant has formed the view that the
incorporation should be cancelled.
36EB Powers of the Registrar
10 (1) The Registrar may make any relevant
inquiries regarding the information provided
in the declaration under section 36EA(5)
required to establish the validity of that
information.
15 (2) The Registrar may require the applicant to
provide further information or copies of
documents to enable the Registrar to
determine the application.
(3) The Registrar may make any further
20 inquiries necessary to establish that a special
resolution agreeing to cancellation of
incorporation was validly passed.
36EC Cancellation of incorporation by the
Registrar
25 (1) Subject to subsection (2), if the Registrar is
satisfied that the circumstances set out in
section 36EA exist in respect of the
incorporated association, the Registrar must
cancel the incorporation of the incorporated
30 association.
(2) Before cancelling the incorporation of an
incorporated association under subsection
(1), the Registrar must cause to be published
in the Government Gazette and in a
35 newspaper circulating generally in the State
a notice stating--
561217B.I-3/12/2008 29 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 19
(a) that an application for the voluntary
cancellation of incorporation has been
received by the Registrar; and
(b) unless a person makes a written
5 objection to cancellation to the
Registrar within 28 days after the notice
is published, the Registrar intends to
cancel the incorporation of the
incorporated association.
10 (3) If, within 28 days of publication of a notice
under subsection (2), the Registrar receives a
written objection to the cancellation of
incorporation, the Registrar must not cancel
the incorporation under subsection (1) unless
15 the Registrar is satisfied, after making further
inquiries, of the validity of the information
provided in the declaration under
section 36EA.
(4) On cancellation of incorporation of the
20 incorporated association, the Registrar must
advise the applicant in writing that the
incorporation of the incorporated association
has been cancelled, and the date on which
cancellation took effect.
25 (5) Despite the cancellation of incorporation, if
immediately before the cancellation a person
has a liability incurred by the person by
virtue of the person's role in or membership
of the incorporated association, that liability
30 continues and may be enforced as if the
incorporation had not been cancelled.".
19 New Subdivision 3 heading inserted in Division 5 of
Part VIII
Before section 36F of the Principal Act insert--
35 "Subdivision 3--General".
561217B.I-3/12/2008 30 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 20
20 Vesting of property after cancellation
In section 36F(1) of the Principal Act for "this
Division" substitute "Subdivision 1".
21 New section 37A substituted
5 For section 37A of the Principal Act substitute--
"37A Definitions
In this Part--
Director means the Director within the
meaning of the Fair Trading Act
10 1999;
legal practitioner means an Australian legal
practitioner within the meaning of the
Legal Profession Act 2004.".
22 New section 38 substituted
15 For section 38 of the Principal Act substitute--
"38 Registrar of Incorporated Associations
(1) Subject to the Public Administration Act
2004 there is to be a Registrar of
Incorporated Associations.
20 (2) The person who is for the time being
employed as the Registrar of Incorporated
Associations under the Public
Administration Act 2004, and the
successors in office of that person, are a
25 body corporate under the name "Registrar of
Incorporated Associations" which, by that
name--
(a) has perpetual succession; and
(b) has an official seal; and
30 (c) may sue and be sued; and
(d) may acquire, hold and dispose of real
and personal property; and
561217B.I-3/12/2008 31 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 23
(e) may do and suffer all things that a body
corporate may, by law, do and suffer.
(3) The official seal of the Registrar must be
kept as directed by the Registrar and must
5 not be used except as authorised by the
Registrar.
(4) All courts must take judicial notice of the
official seal of the Registrar on a document
and, until the contrary is proved, must
10 presume that the seal was properly affixed.
(5) The Registrar may by instrument delegate
any of the Registrar's powers and functions
under this Act, other than this power of
delegation, to any person employed under
15 Part 3 of the Public Administration Act
2004.".
23 Register
(1) In section 39(1A)(b) of the Principal Act, for
"returns" substitute "statements".
20 (2) In section 39(1B)(l) of the Principal Act, for
"return" substitute "statement".
24 Authority of public officer etc.
At the end of section 42 of the Principal Act
insert--
25 "(2) Subsection (1) does not apply if the person
against whom the assertion is made--
(a) has actual knowledge of the matter
asserted; or
(b) ought to have knowledge of the matter
30 asserted by reason of the person's
connection or relationship with the
incorporated association.".
561217B.I-3/12/2008 32 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 25
25 Incorrect etc. documents lodged with Registrar
At the end of section 46 of the Principal Act
insert--
"(2) The Registrar may refuse to register or
5 receive a document submitted for lodgement
if the Registrar is of the opinion that the
document is not a valid document of the
incorporated association.
(3) If the Registrar refuses under subsection (2)
10 to register or receive a document, the
incorporated association may request that the
Registrar reconsider the refusal and may
provide to the Registrar any documents in
support of the request.
15 (4) The Registrar must refer the question of
whether or not a document is valid to the
Magistrates' Court if--
(a) the incorporated association has
requested under subsection (3) that the
20 Registrar reconsider a refusal to register
or receive the document; and
(b) the Registrar remains of the opinion
that the document is not a valid
document; and
25 (c) the incorporated association requests
that the Registrar refer the question of
whether or not the document is valid to
the Magistrates' Court.
(5) The Magistrates' Court may--
30 (a) make an order declaring a document to
be a valid document of the incorporated
association; or
(b) make an order declaring a document
not to be valid document of the
35 incorporated association.
561217B.I-3/12/2008 33 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 26
(6) If the Magistrates' Court makes an order
declaring a document to be a valid document
of the incorporated association, the Registrar
must register the document.".
5 26 New section 49A substituted
For section 49A of the Principal Act substitute--
"49A Retention of documents
If a copy of a document has been lodged in
accordance with an approval under
10 section 45B, the association to which the
document relates must, for not less than
7 years--
(a) retain the original document signed by
any person who is required to sign the
15 document; and
(b) if requested to do so by the Registrar,
produce that document to the Registrar.
Penalty: 30 penalty units.".
27 New sections 53B and 53C inserted
20 After section 53A of the Principal Act insert--
"53B Transfer of proceeding to Supreme Court
(1) In any proceeding under this Act, the
Magistrates' Court may, on its own initiative
or on application by a party to the
25 proceeding--
(a) transfer the proceeding to the Supreme
Court on the ground that the proceeding
raises a complex question or matter of
general importance; or
30 (b) reserve a question of law for
determination by the Supreme Court.
561217B.I-3/12/2008 34 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 28
(2) If a proceeding has been transferred to the
Supreme Court under subsection (1)(a), it
may be continued and completed as if steps
taken in the proceeding prior to the transfer
5 had been taken in the Supreme Court.
53C Qualified privilege of auditor, statutory
manager and administrator
A person who is or has been the auditor,
statutory manager or administrator of an
10 incorporated association has qualified
privilege in respect of a statement made by
the person, whether orally or in writing, in
the course of performing any functions or
exercising any powers as the auditor,
15 statutory manager or administrator, as the
case may be, of the incorporated
association.".
28 Gender specific references substituted
(1) In section 15(1) of the Principal Act, omit "his".
20 (2) In section 25(2) of the Principal Act, for "he"
(wherever occurring) substitute "the person".
(3) In section 25(3) of the Principal Act, for "his"
substitute "his or her".
(4) In section 27(1) of the Principal Act, omit "his".
25 (5) In section 27(2)(b) of the Principal Act, for "his
office by writing under his hand" substitute "from
office in writing".
(6) In section 27(2)(d) of the Principal Act, for "his"
(wherever occurring) substitute "his or her".
30 (7) In section 28 of the Principal Act--
(a) for "his appointment" (where first occurring)
substitute "being appointed"; and
561217B.I-3/12/2008 35 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 29
(b) for "his appointment (where secondly
occurring) substitute "his or her
appointment"; and
(c) for "his full" substitute "his or her full".
5 (8) In section 36F(1)(b) of the Principal Act--
(a) in paragraph (i), for "he or she" substitute
"the Registrar"; and
(b) in paragraphs (iii) and (iv), for "him or her"
substitute "the Registrar"; and
10 (c) in paragraph (v), for "his or her" substitute
"the Registrar's".
(9) In section 38A of the Principal Act, for "his or
her" substitute "the Registrar's".
(10) In section 39(2) of the Principal Act for "in his
15 opinion" substitute "the Registrar considers".
(11) In sections 39A(1) and 45B(5) of the Principal
Act, for "he or she" (wherever occurring)
substitute "the Registrar".
(12) In section 44(1) of the Principal Act, for "by
20 writing under his hand" substitute "in writing".
29 Transitional provisions
Section 55(1) of the Principal Act is repealed.
30 New section 56 inserted
After section 55 of the Principal Act insert--
25 "56 Transitional provisions--Associations
Incorporation Amendment Act 2008
(1) In this section--
2008 Act means the Associations
Incorporation Amendment Act 2008;
30 Registrar of Incorporated Associations
means the Registrar of Incorporated
Associations employed under the
561217B.I-3/12/2008 36 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 30
Public Administration Act 2004 and
includes any Deputy or Assistant
Registrar of Incorporated Associations
employed under that Act.
5 (2) On the commencement of section 22 of the
2008 Act--
(a) the Registrar is substituted as a party in
any proceedings, contract, agreement or
arrangement commenced or made by or
10 against or in relation to the Registrar of
Incorporated Associations; and
(b) the Registrar may continue and
complete any other continuing matter
or thing commenced by or against or in
15 relation to the Registrar of Incorporated
Associations.
(3) On and from the commencement of
section 22 of the 2008 Act, in any Act (other
than this Act) or in any instrument made
20 under any Act or in any other document of
any kind, reference to the Registrar of
Incorporated Associations is deemed to be a
reference to the Registrar so far as relates to
any period after the commencement, unless
25 the context otherwise requires.
(4) On and from the commencement of
section 22 of the 2008 Act, anything of a
continuing nature commenced by the Deputy
Registrar or Assistant Registrar may be
30 continued and completed by the Registrar.
(5) Despite the amendments made to this Act by
sections 13 and 15 of the 2008 Act--
(a) sections 32 and 33A to 33E as in force
immediately before the commencement
35 of section 13 of the 2008 Act, continue
561217B.I-3/12/2008 37 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 2--General Amendments
s. 30
to apply to an incorporated association
if--
(i) at the time of that commencement
the rules of the incorporated
5 association included a rule
permitting the distribution of
assets to its members on a
voluntary winding up; and
(ii) that rule was made before the date
10 on which the 2008 Act receives
the Royal Assent; and
(b) section 36CA does not apply to an
incorporated association referred to in
paragraph (a).".
__________________
561217B.I-3/12/2008 38 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 3--Public Officer
s. 31
PART 3--PUBLIC OFFICER
31 Definitions
In section 3(1) of the Principal Act--
(a) for the definition of public officer
5 substitute--
"public officer, in relation to an incorporated
association, means a person who, at a
relevant time before the
commencement of Part 3 of the
10 Associations Incorporation
Amendment Act 2008, was the public
officer of the incorporated association
under Part V of this Act as then in
force;";
15 (b) insert the following definition--
"secretary, in relation to an incorporated
association, means the person who is
for the time being the secretary of the
incorporated association under Part V;".
20 32 References to public officer substituted
(1) In sections 8(3), 9(2)(b), 9(4)(b), 10(3)(a)(iii),
10(3A), 13(2), 13A(1), 15(1), 16(4), 18(1), 19(6),
22(3)(a), 24, 25, 26, 27, 28, 29D(3)(b), 30(4),
30(5), 30C(4), 31(3)(d)(ia), 31M(2)(c), 36D(3)(c),
25 39(1B)(i), 45B(1)(a), 45B(2) and 45B(5) of the
Principal Act, for "public officer" (wherever
occurring) substitute "secretary".
(2) In section 14A(1B) of the Principal Act, for "The
public officer or a" substitute "A".
30 (3) In section 15(1) of the Principal Act, for "member
or officer" substitute "member or secretary".
561217B.I-3/12/2008 39 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 3--Public Officer
s. 33
(4) In section 17(2)(b) of the Principal Act, for
"public officer" substitute "secretary or a former
public officer".
(5) In the heading to section 24 of the Principal Act,
5 for "public officer" substitute "secretary".
(6) Insert the following heading to section 25 of the
Principal Act--
"Secretary".
(7) Insert the following heading to section 26 of the
10 Principal Act--
"Secretary may hold other offices".
(8) Insert the following heading to section 27 of the
Principal Act--
"Removal of secretary and vacancy in office".
15 (9) Insert the following heading to section 28 of the
Principal Act--
"Address of secretary".
(10) In sections 31(3) and 39(1A) of the Principal Act,
for "public officers" substitute "secretaries".
20 (11) In section 39(1B)(j) of the Principal Act for
"previous public officer" substitute "each
previous secretary and public officer".
(12) In sections 44(1)(b) and 44(1)(c) of the Principal
Act before "public officer" insert "secretary or".
25 33 Authority of public officer etc.
(1) Insert the following heading to section 42 of the
Principal Act--
"Compliance with rules and authority of
secretary".
561217B.I-3/12/2008 40 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 3--Public Officer
s. 34
(2) For section 42(1)(b) of the Principal Act
substitute--
"(b) a person whose name was last notified to the
Registrar as the secretary of the incorporated
5 association is not the secretary; or
(c) a person whose name was last notified to the
Registrar as the public officer of the
incorporated association was not the public
officer.".
10 34 Transitional provisions--Associations
Incorporation Amendment Act 2008
After section 56(5) of the Principal Act insert--
"(6) Despite the amendments made to this Act by
Part 3 of the 2008 Act--
15 (a) a person who was the public officer of
an incorporated association
immediately before the commencement
of Part 3 of the 2008 Act is deemed
until the next annual general meeting of
20 the incorporated association to be the
secretary of the incorporated
association but only for the purposes of
this Act; and
(b) section 17(2)(b) of this Act only applies
25 to a secretary (other than a person who
is deemed to be the secretary under
paragraph (a)) of an incorporated
association appointed after the
commencement of Part 3 of the 2008
30 Act; and
(c) the authenticity of a document
authenticated by the public officer of an
incorporated association under section
19(6) before the commencement of
35 Part 3 of the 2008 Act is not affected.
561217B.I-3/12/2008 41 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 3--Public Officer
s. 34
(7) On and from the commencement of Part 3 of
the 2008 Act, the secretary of an
incorporated association may continue and
complete any continuing act or thing
5 commenced by or against the public officer
of the incorporated association.".
__________________
561217B.I-3/12/2008 42 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 4--Rules of Incorporated Association
s. 35
PART 4--RULES OF INCORPORATED ASSOCIATION
35 Matters to be provided for in rules
In the Schedule to the Principal Act, after item 17
insert--
5 "18. The preparation and retention of accurate
minutes of--
(a) general meetings of the incorporated
association; and
(b) meetings of the committee or other
10 body having the management of the
incorporated association.
19. Provision for members to have access to,
and to be able to obtain copies of minutes
of general meetings (including accounting
15 records and financial statements) of the
incorporated association.
20. Right of access (if any) by members to
minutes of meetings of the committee,
including any terms and conditions subject
20 to which access may be granted.".
__________________
561217B.I-3/12/2008 43 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Part 5--Repeal of Amending Act
s. 36
PART 5--REPEAL OF AMENDING ACT
36 Repeal of amending Act
This Act is repealed on 1 December 2012.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561217B.I-3/12/2008 44 BILL LA INTRODUCTION 3/12/2008
Associations Incorporation Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561217B.I-3/12/2008 45 BILL LA INTRODUCTION 3/12/2008
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