ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 111 Direction to transfer incorporation

ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 111

    (1)     The Registrar may direct an incorporated association to apply to be registered or incorporated as a prescribed body corporate.

    (2)     The direction must be in writing and specify the period (being not less than 6 months after the date of the direction) within which the application must be made.

    (3)     The direction may be made subject to any conditions specified in the direction.

    (4)     The Registrar may only give a direction under subsection (1) if the Registrar is satisfied that the continued incorporation of the association under this Act would be inappropriate—

        (a)     by reason of the Registrar's assessment of—

              (i)     the scale and nature of the activities of the association; or

s. 111

              (ii)     the value and nature of the property of the association; or

              (iii)     the extent or nature of the dealings which the association has with the public; or

        (b)     for any other prescribed reason.

    (5)     Before giving a direction under subsection (1), the Registrar must give written notice to the association stating—

        (a)     the Registrar's intention to direct the association to apply to be incorporated or registered as a prescribed body corporate; and

        (b)     the reasons for the proposed direction; and

        (c)     that the direction will be made unless an answer showing cause to the contrary is received within 2 months after the date of the notice.

    (6)     An incorporated association may apply to VCAT for review of a decision by the Registrar to give a direction under subsection (1).

    (7)     An application for review must be lodged with VCAT within 28 days after notice of the direction given under subsection (5) is received by the association.

Note

Under section 127, an incorporated association that has failed to comply with a direction of the Registrar under this section within the period specified in the notice may be wound up on the certificate of the Registrar.