Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 31AB

Direction to transfer incorporation

31AB. Direction to transfer incorporation



(1) Subject to subsection (2), the Registrar may, by notice to the
incorporated association, direct an incorporated association to apply to
become registered or incorporated as a prescribed body corporate within the
period (being not less than 6 months) specified in the notice and subject to
any conditions specified in the notice.

(2) The Registrar may only give a direction under subsection (1) if the
Registrar is satisfied that the continued incorporation of the incorporated
association under this Act would be inappropriate or inconvenient-

   (a)  by reason of the Registrar's assessment of-

   (i)  the scale or nature of the activities of the incorporated association;
        or

   (ii) the value or nature of the property of the incorporated association;
        or

   (iii) the extent or nature of the dealings which the incorporated
        association has with the public; or

   (b)  for any other prescribed reason.

(3) Before giving a direction under subsection (1), the Registrar must-

   (a)  give a notice to the incorporated association stating-

   (i)  the Registrar's intention to direct the incorporated association to
        apply for incorporation or registration as a prescribed body
        corporate; and

   (ii) the grounds for the proposed direction; and

   (iii) that the direction will be made if an answer showing cause to the
        contrary is not received within 2 months after the date of the notice;
        and

   (b)  give the incorporated association a reasonable opportunity to show
        cause why the direction should not be given.

(4) An incorporated association may apply to the Tribunal for review of a
direction under subsection (1).

(5) An application for review must be made within 28 days after the notice of
the direction is received by the incorporated association.

(6) Any direction of the Registrar under subsection (1) for an incorporated
association to become registered as a prescribed body corporate within the
meaning of section 31A(a) that is in force immediately before the commencement
of item 7.2 of the Schedule to the
Corporations (Consequential Amendments) Act 2001 has effect on and after that
commencement as if it referred to a prescribed body corporate within the
meaning of that section as amended by that item.