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ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 13 Registration of registrable body

ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 13

Registration of registrable body

    (1)     Subject to subsections (2) and (3), if an application for the incorporation of a registrable body under this Act is made in accordance with section 12, the Registrar must register the body as an incorporated association.

    (2)     The Registrar must refuse to register a registrable body if—

        (a)     the body is carried on for the purpose of securing pecuniary profit for its members; or

Note

For circumstances under which, for the purposes of this Act, a registrable body is taken not to be securing pecuniary profit for its members, see section 4.

        (b)     the registration of the name of the proposed incorporated association is prohibited under section 22; or

        (c)     the rules of the proposed incorporated association do not comply with the requirements under section 47.

    (3)     The Registrar may refuse to register a registrable body if the Registrar is satisfied that the registration of the body under this Act would be inappropriate—

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

              (i)     the likely scale or nature of the activities of the proposed association; or

              (ii)     the likely value or nature of the property of the proposed association; or

              (iii)         the extent or nature of the dealings which the proposed association has, or is likely to have, with the public; or

        (b)     for any other prescribed reason.

    (4)     If the Registrar refuses to register a registrable body, the Registrar must—

        (a)     give written notification to the applicant of the decision; and

        (b)     include in the notification the reasons for the decision.

    (5)     If the applicant is notified by the Registrar under subsection (4) of the Registrar's refusal to register the body, the applicant may within 28 days after the notification apply to VCAT for a review of the decision.