Victorian Consolidated Legislation

ASSOCIATIONS INCORPORATION ACT 1981

No. 9713 of 1981
Version incorporating amendments as at 8 April 2009

TABLE OF PROVISIONS

           Section Page

   PART I-PRELIMINARY

   1.      Short title and commencement
   2.      Repealed
   3.      Definitions

   PART II-INCORPORATION

   4.      Authority to apply for incorporation
   5.      Application for incorporation
   6.      Rules of association
   7.      Certificate of incorporation
   8.      Vesting of property
   9.      Application for making of recordings in the Register
   10.     Application to bring companies etc. under this Act
   11.     Incorporation of company etc.

   PART III-NAMES AND REGISTERED ADDRESSES

   12.     Name of association
   12A.    Name to appear on business documents
   13.     Change of name
   13A.    Registered address of incorporated association

   PART IV-EFFECTS OF INCORPORATION

   14.     Interpretation
   14A.    Enforceability of rules and purposes
   14B.    Grievance procedure
   14C.    Oppressive conduct
   15.     Rights and liabilities of members
   16.     Powers of incorporated association
   17.     Ultra vires or prohibited transactions
   18.     Disposal of trust property
   19.     Confirmation of contracts and authentication and execution of documents
   20.     Ratification of contracts made before incorporation of
           association
   21.     Purposes and rules
   22.     Alteration of rules
   22A.    Rules to be made available to members

   PART V-MANAGEMENT

   23.     First committee of incorporated association
   24.     First public officer
   25.     Public officer
   26.     Public officer may hold other offices
   27.     Removal of public officer and vacancy in office
   28.     Address of public officer
   29.     Special resolution
   29A.    Duties of committee members
   29B.    Disclosure of interest
   29C.    Voting on contract in which committee member has interest
   29D.    Return of documents belonging to the incorporated association

   PART VI-GENERAL MEETINGS AND ACCOUNTS

   30.     Annual general meeting
   30A.    Accounting records
   30B.    Accounts of prescribed associations
   30C.    Removal of auditors

   PART VII-AMALGAMATION

   31.     Amalgamation of incorporated associations

   PART VIIA-TRANSFER OF INCORPORATION

   31A.    Definition
   31AA.   Voluntary transfer of incorporation
   31AB.   Direction to transfer incorporation
   31AC.   Notice to Registrar
   31B.    Validity of contracts
   31C.    Effect of transfer of incorporation

   PART VIIAB-STATUTORY MANAGEMENT OF INCORPORATED ASSOCIATION

   31D.    Appointment of statutory manager
   31E.    Effect of appointment of statutory manager
   31F.    Powers of statutory manager
   31G.    Revocation of appointment
   31H.    Expenses of statutory management
   31I.    Liabilities arising from statutory management
   31J.    Statutory manager to report to Registrar
   31K.    Additional powers of Registrar
   31L.    Stay of proceedings

   PART VIIAC-VOLUNTARY ADMINISTRATION OF INCORPORATED ASSOCIATION

   31M.    Declaration of applied Corporations legislation matter

   PART VIII-WINDING UP AND CANCELLATION

           Division 1-Voluntary winding up

   32.     Repealed
   33.     Voluntary winding up
           33A-33E. Repealed

           Division 2-Winding up by the court

   34.     Winding up by the court

           Division 3-Winding up on certificate of Registrar

   35.     Winding up on certificate of Registrar
   36.     Procedure before certification
   36A.    Review of certificate
   36B.    Procedure for winding up on certificate
   36C.    Costs of winding up

           Division 3A-Distribution of surplus assets

   36CA.   Distribution of surplus assets

           Division 4-Application of Corporations legislation

   36D.    Declaration of applied Corporations legislation matter

           Division 5-Cancellation of incorporation
           Subdivision 1-Cancellation on winding up or ceasing to operate

   36E.    Cancellation of incorporation
           Subdivision 2-Voluntary cancellation
   36EA.   Application to Registrar
   36EB.   Powers of the Registrar
   36EC.   Cancellation of incorporation by the Registrar
           Subdivision 3-General
   36F.    Vesting of property after cancellation
   37.     Reinstatement of cancelled association

   PART VIIIA-POWERS OF INSPECTION

   37A.    Definitions
   37B.    Repealed
   37C.    Production of identity card
   37D.    Inspectors may require certain persons to appear, answer questions and produce documents
   37E.    Inspector's powers of entry
   37EA.   Entry without consent or warrant
   37F.    Search warrant
   37G.    Announcement before entry
   37H.    Details of warrant to be given to occupier
   37I.    Seizure of documents or things not mentioned in the warrant
   37J.    Power of inspector to require information or documents
   37K.    Functions of inspectors in relation to relevant documents
   37L.    Offence-failing to comply with requirements of inspector
   37M.    Protection against self-incrimination
   37N.    Privilege
   37O.    Police aid for inspectors
   37P.    Entry to be reported to the Director
   37PA.   Register of exercise of powers of entry
   37PB.   Complaints
   37Q.    Secrecy

   PART IX-MISCELLANEOUS

   38.     Registrar of Incorporated Associations
   38A.    Registrar may enter into arrangements or agreements
   38B.    Delegation by Minister
   39.     Register
   39A.    Corrections of register
   39B.    Restriction of personal information
   39C.    Rights of review
   40.     Inspection of register
   40A.    Duplicate certificate of incorporation
   41.     Notice of register etc.
   42.     Authority of public officer etc.
   43.     Translation of instruments
   44.     Evidentiary provisions
   45.     Payment of fees on lodging documents
   45A.    Method of lodgment
   45B.    Approval of special lodging arrangements
   45C.    Signatures
   45D.    Waiver or refund of fees
   46.     Incorrect etc. documents lodged with Registrar
   47.     Copies or extracts of records to be admitted in evidence
   48.     Service of documents
   49.     False or misleading statements
   49A.    Retention of documents
   50.     Penalties
   50A.    Continuing offences
   50B.    Infringement notices
   50C.    Application of Fair Trading Act 1999.
   51.     Incorporated association not to trade etc.
   52.     Offence for using certain names
   53.     Incorporated association excluded from Corporations
           legislation
   53A.    Exemption from stamp duty
   53B.    Transfer of proceeding to Supreme Court
   53C.    Qualified privilege of auditor, statutory manager and administrator
   54.     Regulations
   55.     Transitional provisions
   56.     Transitional provisions-Associations Incorporation Amendment Act 2009.

   PART X-Repealed
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           SCHEDULE-Matters to be Provided for in the Rules of an Incorporated Association
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details