Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 36EC

Cancellation of incorporation by the Registrar

36EC. Cancellation of incorporation by the Registrar



(1) Subject to subsection (2), if the Registrar is satisfied that the
circumstances set out in section 36EA exist in respect of the incorporated
association, the Registrar must cancel the incorporation of the incorporated
association.

(2) Before cancelling the incorporation of an incorporated association under
subsection (1), the Registrar must cause to be published in the Government
Gazette and in a newspaper circulating generally in the State a notice
stating-

   (a)  that an application for the voluntary cancellation of incorporation
        has been received by the Registrar; and

   (b)  unless a person makes a written objection to cancellation to the
        Registrar within 28 days after the notice is published, the Registrar
        intends to cancel the incorporation of the incorporated association.

(3) If, within 28 days of publication of a notice under subsection (2), the
Registrar receives a written objection to the cancellation of incorporation,
the Registrar must not cancel the incorporation under subsection (1) unless
the Registrar is satisfied, after making further inquiries, of the validity of
the information provided in the declaration under section 36EA.

(4) On cancellation of incorporation of the incorporated association, the
Registrar must advise the applicant in writing that the incorporation of the
incorporated association has been cancelled, and the date on which
cancellation took effect.

(5) 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 3-General