ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012)
Table of Provisions
PART 1--PRELIMINARY
PART 2--FORMATION OF INCORPORATED ASSOCIATION
Division 1--Incorporation of association
- 5 Authority to apply for incorporation
- 6 Application for incorporation
- 7 Registration of proposed incorporated association
- 8 Incorporation and certificate of registration
- 9 Vesting of property
Division 2--Registration of existing bodies
- 10 Meaning of registrable body
- 11 Eligibility to apply to be registered under this Act
- 12 Application for incorporation under this Act
- 13 Registration of registrable body
- 14 Incorporation and certificate of registration
- 15 Effect of incorporation of registrable body
Division 3--Amalgamation of incorporated associations
- 16 Definitions
- 17 Approval to apply for amalgamation
- 18 Application for amalgamation
- 19 Amalgamation of incorporated associations
- 20 Amalgamation and certificate of registration
- 21 Effect of amalgamation
PART 3--NAME AND REGISTERED ADDRESS
- 22 Name of incorporated association
- 23 Name must appear on business documents etc.
- 24 Application to change name of incorporated association
- 25 Registration of new name
- 26 Change of name does not create new legal entity etc.
- 27 Direction to change name
- 28 Registered address of incorporated association
PART 4--LEGAL CAPACITY AND POWERS OF INCORPORATED ASSOCIATION
Division 1--General
- 29 Incorporated association is a body corporate
- 30 General powers of incorporated association
- 31 Trust property
- 32 Disposal of trust property
- 33 Incorporated association not to secure pecuniary profit for members
Division 2--Prohibited transactions, unauthorised acts etc.
- 34 Restriction of exercise of powers
- 35 Prohibited transactions
- 36 Unauthorised act, conveyance or transfer performed pursuant to contract
Division 3--Authentication and execution of documents and confirmation of contracts
- 37 Authentication of document or proceeding
- 38 Execution of contract or other document by signature
- 39 Incorporated association may authorise person to execute deed
- 40 Execution under seal
- 41 Contractual formalities
- 42 Other requirements as to consent or sanction not affected
Division 4--Pre-registration contracts
- 43 Contracts before registration
- 44 Person may be released from liability but is not entitled to indemnity
- 45 This Division replaces other rights and liabilities
PART 5--RULES, MEMBERSHIP AND GENERAL MEETINGS
Division 1--Rules of incorporated association
- 46 Rules constitute terms of contract
- 47 Requirements
- 48 Rules of an incorporated association
- 49 Model rules
- 50 Alteration of rules
Division 2--Membership
- 51 Membership of an incorporated association
- 52 Limitation of rights and liabilities of members
- 53 Inspection of rules and minutes
- 54 Disciplinary action
- 55 Grievance procedure
Division 3--Register of members
- 56 Register of members
- 57 Inspection of register of members
- 58 Improper use of information recorded on register of members
- 59 Restriction of access to personal information
Division 4--General Meetings
- 60 Requirement to give notice of general meeting
- 61 Right of member to attend and vote at general meeting
- 62 Use of technology at general meetings
- 63 Annual general meeting
- 64 Special resolutions
- 65 Declaration by chairperson of passing of resolution
- 66 Approval to pass special resolution in other manner
Division 5--Court orders enforcing rules or rights of members
- 67 Enforcement of rules
- 68 Oppressive conduct
- 69 Oppressive conduct—transfer of proceeding to Supreme Court
- 70 Order altering rules
- 71 Lodgement of order with Registrar
PART 6--MANAGEMENT
Division 1--Appointment of secretary and committee
- 72 First secretary
- 73 Filling vacancy
- 74 Notice of appointment
- 75 Acts of secretary not invalid
- 76 Secretary may hold other offices in association
- 77 First committee
- 78 Removal from and vacation of office
Division 2--Meetings of the committee
- 79 Use of technology at committee meetings
- 80 Disclosure of material personal interest
- 81 Matter on which committee member has material personal interest
Division 3--Duties of office holders
- 82 Definition
- 83 Improper use of information or position
- 84 Duty of care and diligence
- 85 Duty of good faith and proper purpose
- 86 Reliance on information or advice
- 87 Indemnity of office holders
Division 4--Miscellaneous
- 88 Return of documents belonging to incorporated association
PART 7--FINANCIAL REPORTING
Division 1--General requirements
- 89 Obligation to keep financial records
- 90 Tier one, tier two and tier three associations
- 91 Registrar may declare an incorporated association to be tier one or tier two association
Division 2--Tier one associations
- 92 Obligation to prepare financial statements
- 93 Review of financial statements
- 94 Submission of financial statement to annual general meeting
Division 3--Tier two associations
- 95 Obligation to prepare financial statements
- 96 Review of financial statements
- 97 Submission of financial statements to annual general meeting
Division 4--Tier three associations
- 98 Obligation to prepare financial statements
- 99 Audit of financial statements
- 100 Submission of financial statements to annual general meeting
Division 5--General requirements relating to financial statements
- 101 Content of financial statements
- 102 Lodgement of financial statements with Registrar
- 103 Exemption from requirement to lodge financial statements
- 104 Extension of time to hold annual general meeting or to lodge financial statements
- 105 Retention of financial statements and other documents
Division 6--Removal of auditor
- 106 Removal of auditor by resolution
- 107 Auditor may make representation
- 108 Exemption from requirements
PART 8--TRANSFER OF INCORPORATION
- 109 Definitions
- 110 Application for transfer of incorporation
- 111 Direction to transfer incorporation
- 112 Notice of transfer to Registrar
- 113 Validity of contracts
- 114 New body ceases to be incorporated under this Act
- 115 Effect of transfer of incorporation
PART 9--STATUTORY MANAGEMENT OF INCORPORATED ASSOCIATION
- 116 Appointment of statutory manager
- 117 Effect of appointment of statutory manager
- 118 Powers of statutory manager
- 119 Revocation of appointment
- 120 Expenses of statutory management
- 121 Liabilities arising from statutory management
- 122 Statutory manager to report to Registrar
- 123 Additional powers of Registrar
- 124 Stay of proceedings
PART 10--WINDING UP AND CANCELLATION
Division 1--Winding up
- 125 Voluntary winding up
- 126 Winding up by the court
- 127 Winding up on certificate of Registrar
- 128 Procedure before certification
- 129 Review of certificate
- 130 Procedure for winding up on certificate
Division 2--Distribution of surplus assets on winding up
- 131 Definition
- 132 Distribution of surplus assets
- 133 Court order relating to distribution of surplus assets
Division 3--Cancellation of incorporation
- 134 Cancellation on winding up
- 135 Cancellation on ceasing to operate
- 136 Application for cancellation of incorporation
- 137 Consideration of application by Registrar
- 138 Cancellation of incorporation on application
- 139 Liability continues
- 140 Vesting of property after cancellation
- 141 Proceeds from sale or disposal of property
- 142 Reinstatement of cancelled association by Registrar
- 143 Reinstatement of cancelled association by Supreme Court
PART 11--CORPORATIONS LEGISLATION
Division 1--Exclusion from Corporations legislation
- 144 Incorporated association excluded from Corporations legislation
Division 2--Declaration of applied Corporations Legislation
- 145 Common modifications
- 146 Civil penalties applying to office holders
- 147 Receivers and other controllers of property of incorporated association
- 148 Voluntary administration
- 149 Voluntary winding up
- 150 Winding up by the court
- 151 Winding up generally
- 152 Insolvency
- 153 General
- 154 Offences under applied provisions
- 155 Commonwealth Criminal Code does not apply
PART 12--POWERS OF ENTRY AND INSPECTION
Division 1--General
Division 2--Requirements to produce information
- 158 Inspector may seek court order
- 159 Inspection of documents under court order
- 160 Notification of execution of court order
- 161 Publisher required to produce information
Division 3--Entry and search of premises with consent
- 162 Entry and search with consent
- 163 Notice before entry and search
- 164 Acknowledgement of consent to entry and search
Division 4--Entry and search of premises without consent
- 165 Entry of premises open to the public
- 166 Entry without consent or warrant
- 167 Use or seizure of electronic equipment at premises
Division 5--Entry and search of premises with warrant
- 168 Search warrants
- 169 Form and content of search warrants
- 170 Announcement before entry
- 171 Details of warrant to be given to occupier
- 172 Seizure of things not mentioned in the warrant
Division 6--Documents
- 173 Copies of seized documents
- 174 Retention and return of seized documents or things
- 175 Magistrates' Court may extend 3 month period
Division 7--Offences
- 176 Refusal or failure to comply with requirement
- 177 Protection against self-incrimination
- 178 Offence to give false or misleading information
- 179 Offence to hinder or obstruct inspector
- 180 Offence to impersonate inspector
Division 8--Miscellaneous
- 181 Entry to be reported to the Registrar
- 182 Requirement to assist inspector during entry
- 183 Register of exercise of powers of entry
- 184 Complaints
- 185 Service of documents
- 186 Confidentiality
PART 13--ADMINISTRATION
Division 1--Registrar
- 187 Registrar of Incorporated Associations
- 188 Official seal
- 189 Registrar may delegate
- 190 Agents of the Registrar
Division 2--Register and documents held by Registrar
- 191 Register
- 192 Corrections of register
- 193 Restriction on personal information
- 194 Release of restricted information
- 195 Rights of review
- 196 Inspection of register and obtaining copies of documents
- 197 Duplicate certificate of registration
Division 3--Lodgement of documents
- 198 Payment of fee
- 199 Method of lodgement
- 200 Special arrangements for the lodgement of documents
- 201 Retention of original documents
- 202 Requirement to produce and lodge documents
- 203 Signatures
- 204 Refusal to register or receive document
- 205 Refusal to register or receive invalid document
- 206 Records and documents in language other than English
Division 4--Fees
- 207 Waiver or refund of fees
PART 14--OFFENCES AND PROCEEDINGS
Division 1--General enforcement provisions
- 208 False and misleading statements
- 209 Use of the word "Incorporated"
- 210 Limitation on proceedings for offence
- 211 Continuing offences
Division 2--Infringement notices
PART 15--GENERAL
- 214 Notice of register or document held by Registrar
- 215 Assumptions
- 216 Evidentiary provisions
- 217 Service of documents
- 218 Exemption from duty
- 219 Application of Fair Trading Act 1999
- 220 Transfer of proceeding to Supreme Court
- 221 Qualified privilege
- 222 Regulations
PART 16--TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND REPEALS
Division 1--Transitional provisions
- 223 Transitional provisions
Division 2--Consequential amendments
- 224 Amendment of Associations Incorporation Amendment Act 2009
- 225 Amendment of Associations Incorporation Amendment Act 2010
- 226 Consequential amendments of other Acts
Division 3--Repeals
- 227 Repeal of Associations Incorporation Act 1981
- 228 Repeal of other Acts