Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 35

Winding up on certificate of Registrar

35. Winding up on certificate of Registrar



(1) An incorporated association may be wound up on the certificate of the
Registrar if the necessary grounds for the taking of that action exist, as
referred to in subsection (2).

(2) The necessary grounds for taking that action exist if the Registrar
certifies-

   (a)  that the number of members is reduced to less than 5; or

   (b)  that the incorporated association is not in operation; or

   (c)  that the incorporated association has traded (except in accordance
        with section 51) or secured pecuniary profit for its members; or

   (d)  that the incorporated association has, as trustee, traded (except in
        accordance with section 51) or secured pecuniary profit for the
        members of the incorporated association; or

   (e)  that the incorporated association has not given to the Registrar
        statements in accordance with section 30(4) in respect of each of the
        preceding 2 years; or

   (f)  that incorporation of the incorporated association has been obtained
        by mistake or fraud; or

   (g)  that the incorporated association exists for an illegal purpose; or

   (h)  that the incorporated association has, after notice from the Registrar
        of any breach of this Act or the regulations or of the rules of the
        incorporated association, failed to remedy the breach within the time
        specified in the notice; or

        (i)    that the incorporated association has failed to comply with a
               direction of the Registrar under section 31AB within the period
               specified in the notice under that section; or

(ia) that the incorporated association has failed to become registered or
incorporated as a prescribed body corporate within 6 months after the period
specified in a notice under section 31AB; or

   (j)  that in the opinion of the Registrar, circumstances exist which, in
        the public interest, justify the winding up of the incorporated
        association.

(3) The Registrar must not certify under this section as to any matter unless
the matter has been proved to the Registrar's satisfaction.