Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 36E

Cancellation of incorporation

36E. Cancellation of incorporation



(1) The Registrar may, by notice published in the Government Gazette, cancel
the incorporation of an incorporated association which has been wound up or
has commenced to be wound up.

(2) The cancellation of incorporation does not affect the winding up of the
association.

(3) If the Registrar is of the opinion that any other incorporated association
is not in operation he or she may, by notice, require the incorporated
association to show good cause why its incorporation should not be cancelled.

(4) A notice under subsection (3) must-

   (a)  be served on the incorporated association at its registered address;
        or

   (b)  if service cannot reasonably be effected, be published in a newspaper
        circulating generally in the State.

(5) If, on the expiration of 28 days after the notice is given under
subsection (3), the Registrar is satisfied that the incorporation of the
association should be cancelled, the Registrar may, by notice published in the
Government Gazette, cancel that incorporation.

(6) The Registrar must send notice of the cancellation of incorporation to the
registered address of the incorporated association.

(7) Despite the cancellation of incorporation, if immediately before the
cancellation a person has a liability incurred by the person by virtue of the
person's role in or membership of the incorporated association, that liability
continues and may be enforced as if the incorporation had not been cancelled.

Subdivision 2-Voluntary cancellation