Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 31M

PART VIIAC VOLUNTARY ADMINISTRATION OF INCORPORATED ASSOCIATION

Declaration of applied Corporations legislation matter

31M. Declaration of applied Corporations legislation matter



(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 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-

   (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 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 laws of the State in respect of any matter declared by 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.

(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
        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;

   (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 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 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 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;

   (h)  a reference to the Court is to be read as a reference to the Supreme
        Court;

        (i)    a reference to the lodgement of a document is to be read as a
               reference to lodgement of that document with the Registrar;

   (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 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 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;

   (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.

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