Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 31C

Effect of transfer of incorporation

31C. Effect of transfer of incorporation





(1) In this section, a reference to a transfer of incorporation by an
incorporated association is a reference to the registration or incorporation
of the incorporated association as a prescribed body corporate.

(2) Subject to this section, on a transfer of incorporation by an incorporated
association, the incorporated association ceases to be incorporated under this
Act.

(3) The transfer of incorporation by an incorporated association does not
affect the identity of the association which shall be deemed to be the same
body before and after the transfer of incorporation and no act, matter or
thing shall be affected or abated by the transfer of incorporation and, in
particular, any claim by or against the incorporated association subsisting
immediately before the transfer of incorporation may be continued by or
against the prescribed body corporate formed by the transfer of incorporation
in the name of the incorporated association or commenced by or against the
prescribed body corporate so formed in the name of the prescribed body
corporate.

(4) Without limiting the generality of subsection (3), nothing in subsection
(2)-

   (a)  affects any right, privilege, obligation or liability acquired or
        incurred under this Act;

   (b)  affects any penalty, forfeiture or punishment incurred in respect of
        any offence committed against this Act; or

   (c)  affects any investigation, legal proceeding or remedy in respect of
        any such right, privilege, obligation, liability, penalty, forfeiture
        or punishment-

and any such investigation, legal proceeding or remedy may be instituted,
continued or enforced and any such penalty, forfeiture or punishment may be
imposed as if subsection (2) had not been enacted. __________________