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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Associations Incorporation (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. New Division 1 of Part VIII substituted 2
Division 1--Voluntary winding up 2
32. Definitions 2
33. Voluntary winding up 2
33A. Distribution of assets on voluntary winding up in
accordance with special resolution 2
33B. Distribution of assets on voluntary winding up without
special resolution relating to assets 5
33C. Certain assets not to be distributed on voluntary winding
up 6
33D. Application to Supreme Court by persons aggrieved
under a voluntary winding up 6
33E. Distribution of assets of incorporated association subject
to trusts 6
ENDNOTES 8
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PARLIAMENT OF VICTORIA
Initiated in Council 3 October 2000
A BILL
to amend the Associations Incorporation Act 1981 in relation to the
distribution of assets on voluntary winding up of an incorporated
association and for other purposes.
Associations Incorporation
(Amendment) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Associations Incorporation Act 1981 in relation
to the distribution of assets on voluntary winding
5 up of an incorporated association.
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Associations Incorporation (Amendment) Act 2000
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
See:
3. New Division 1 of Part VIII substituted Act No.
9713.
5 In Part VIII of the Associations Incorporation Reprint No. 5
Act 1981, for Division 1 substitute-- as at
1 September
1999
'Division 1--Voluntary winding up and
amending
Act No.
32. Definitions 35/2000.
LawToday:
In this Division-- www.dms.
dpc.vic.
10 "assets" in relation to an incorporated gov.au
association, means the assets remaining
after satisfaction of the debts and
liabilities of the incorporated
association and the costs, charges and
15 expenses of the winding up;
"winding up date" in relation to an
incorporated association, means the
date on which that incorporated
association resolves by special
20 resolution to be wound up voluntarily.
33. Voluntary winding up
An incorporated association may be wound
up voluntarily if the association so resolves
by special resolution.
25 33A. Distribution of assets on voluntary winding
up in accordance with special resolution
(1) An incorporated association may, on or after
the date on which it resolves by special
resolution to be wound up voluntarily, pass a
30 special resolution relating to the distribution
of assets of the incorporated association on
that winding up.
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Associations Incorporation (Amendment) Act 2000
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Act No.
(2) Subject to sub-section (3), if an incorporated
association passes a special resolution under
sub-section (1), the assets of the incorporated
association must be dealt with or disposed of
5 in accordance with that special resolution.
(3) A special resolution referred to in sub-
section (1) that provides for the distribution
of the assets of the incorporated association
to any of the members of the association, or
10 has the effect of distributing the assets of the
incorporated association to any of the
members of the incorporated association, is
of no effect if--
(a) on the winding up date, or at any time
15 in the period of 5 years immediately
before that date, the rules of the
incorporated association prohibited the
distribution of the assets of the
incorporated association to any of the
20 members of the incorporated
association on a voluntary winding up;
or
(b) on the winding up date the rules of the
incorporated association contained
25 provisions referred to in
section 51(4)(a)(ii).
(4) Sub-section (3)(a) does not apply to a special
resolution if--
(a) at any time in the period of 5 years
30 immediately before the winding up
date, the rules of the incorporated
association were altered to provide for
the distribution of the assets of the
incorporated association to any of the
35 members of the association; and
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Associations Incorporation (Amendment) Act 2000
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(b) the incorporated association had the
consent of the Minister under section
51(6) to alter the rules of the
association in that manner.
5 (5) Sub-section (3)(a) does not apply to a special
resolution if--
(a) that special resolution deals with or
disposes of the assets of the association
by distributing the assets to a specified
10 member of the association that is a
body corporate; and
(b) the rules or constitution of that body
corporate prohibit the disposition or
distribution of the assets or property of
15 the body corporate to the members of
the body corporate on a voluntary
winding up.
(6) The public officer of an incorporated
association must, within 28 days after the
20 passing of a special resolution under sub-
section (1), lodge with the Registrar--
(a) notice in a form approved by the
Registrar of the special resolution; and
(b) a statutory declaration signed by at
25 least 2 members of the committee to the
effect that--
(i) the special resolution was passed
in accordance with this Act; and
(ii) all statements and documents
30 required to be lodged with the
Registrar under this Act have been
lodged by the incorporated
association or are lodged with the
notice.
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Associations Incorporation (Amendment) Act 2000
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33B. Distribution of assets on voluntary winding
up without special resolution relating to
assets
(1) Subject to sub-section (2), if a special
5 resolution under section 33A is not passed
by the incorporated association, the assets
must--
(a) if the rules of the incorporated
association do not otherwise provide,
10 be divided amongst the members of the
association in equal shares; and
(b) if the rules otherwise provide, be dealt
with in accordance with the rules.
(2) If on the winding up date, or at any time in
15 the period of 5 years immediately before that
date--
(a) the rules of the incorporated association
prohibited the distribution of the assets
of the incorporated association to any
20 of the members of the incorporated
association on a voluntary winding up;
and
(b) the rules of the incorporated association
were altered to provide for such a
25 distribution--
the assets of the incorporated association
must be dealt with or disposed of in
accordance with the rules of the association
as if the rules had not been so altered.
30 (3) Despite sub-section (2), the assets of an
incorporated association may be dealt with
or disposed of in accordance with the rules
of the association if--
(a) the rules of the association provide that
35 the assets be dealt with or disposed of
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Associations Incorporation (Amendment) Act 2000
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in a manner that distributes the assets to
a specified member of the incorporated
association that is a body corporate;
and
5 (b) the rules or constitution of that body
corporate prohibit the disposition or
distribution of the assets or property of
the body corporate to the members of
the body corporate on a voluntary
10 winding up.
33C. Certain assets not to be distributed on
voluntary winding up
(1) Despite sections 33A and 33B, an asset or
part of an asset of the incorporated
15 association that consists of property supplied
by a government department or public
authority, including the unexpended portion
of a grant must be returned to the department
or authority that supplied it or to a body
20 nominated by the department or authority.
(2) Sub-section (2) does not apply if a contract
or agreement between the incorporated
association and the government department
or public authority makes express provision
25 to the contrary.
33D. Application to Supreme Court by persons
aggrieved under a voluntary winding up
Any person aggrieved by the operation of
this Division in relation to the assets of an
30 incorporated association may apply to the
Supreme Court which may make any orders
relating to the disposal of the assets that it
thinks fit.
33E. Distribution of assets of incorporated
35 association subject to trusts
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Associations Incorporation (Amendment) Act 2000
s. 3
Act No.
This Division applies subject to any trust
affecting the assets or any of the assets of the
incorporated association.'.
5
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Associations Incorporation (Amendment) Act 2000
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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