ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 3 Definitions

ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 3

In this Act—

"approved form" means in the form approved by the Registrar;

"association" means an association, society, club, institution or body formed or carried on for any lawful purpose and that has not fewer than 5 members;

"Auditing Standards on Review Engagements" means the standards issued by the Auditing and Assurance Standards Board for the purposes of a review of a financial report or complete set of financial statements as in force for the time being and including any modifications prescribed by the regulations;

"Australian Accounting Standards" means the standards issued by the Australian Accounting Standards Board for the purposes of the preparation of financial reports as in force for the time being and including any modifications prescribed by the regulations;

"Australian Auditing Standards" means the standards issued by the Auditing and Assurance Standards Board for the purposes of the preparation of financial reports as in force for the time being and including any modifications prescribed by the regulations;

"committee", of an association, means the committee of, or other body having management of, the association;

"Council" has the same meaning as it has in section 3(1) of the Local Government Act 1989 ;

"CPA Australia" means CPA Australia ACN 008 392 452;

"financial records" include—

        (a)     invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry;

        (b)     documents and records that record the entries referred to in paragraph (a);

        (c)     working papers and other documents that are necessary to explain the methods and calculations by which the financial statements are prepared;

"financial year", of an incorporated association, means—

        (a)     a period of 12 months, or any other period (whether longer or shorter than 12 months) not exceeding 18 months as the association resolves, commencing on the date of incorporation of the association; and

        (b)     each period of 12 months, or any other period (whether longer or shorter than 12 months) not exceeding 18 months as the association resolves, commencing at the expiration of the previous financial year of the association;

"general meeting", of an incorporated association, means a meeting of the members of the association convened in accordance with its rules and includes a special general meeting and an annual general meeting;

"incorporated association" means an association incorporated under this Act;

Note

Under sections 8(1), 14(1) and 20(1) an association becomes incorporated under this Act on being registered as an incorporated association.

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"independent person", in relation to an incorporated association, means a person who—

        (a)     is not a member of the committee of the association; and

        (b)     is not an employer or employee of a member of the committee; and

        (c)     is not a member of the same partnership as a member of the committee; and

        (d)     is not an employee of the association;

"insolvent", in relation to an incorporated association, means that the incorporated association is unable to pay all its debts as when they become due and payable;

Note

Under section 152, an incorporated association that is insolvent is declared to be an applied Corporations legislation matter in relation to the provisions of Part 5.7B (Recovering property or compensation for the benefit of creditors of insolvent company) of the Corporations Act. Under section 588G(3) of Part 5.7B, the contravention of the duty to avoid insolvent trading is an offence. Also, section 588G(2) is a civil penalty provision for the purposes of Part 9.4B (Civil consequences of contravening civil penalty provisions) of the Corporations Act. As applied, the duty to avoid insolvent trading falls on the committee of an incorporated association.

"inspector" means an inspector appointed under the Fair Trading Act 1999 ;

"land" includes an estate or interest in land;

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model rules has the meaning given in section 49(1);

"personal information" has the same meaning as it has in section 3 of the Information Privacy Act 2000 ;

"property" includes real and personal property and any estate or interest in real or personal property;

"public officer", of an incorporated association, means a person who, at a relevant time before the commencement of this Act, was the public officer of the association under Part V of the Associations Incorporation Act 1981 ;

"purposes", of an incorporated association, means the purposes provided in the rules of the association;

registrable body has the meaning given in section 10;

"Registrar" means the body corporate referred to in section 187 ;

"relevant documents", of an incorporated association, means the records and other documents, however compiled, recorded or stored, that relate to the incorporation and management of the association and includes the following—

        (a)     its membership records;

        (b)     its financial statements;

        (c)     its financial records;

        (d)     records and documents relating to transactions, dealings, business or property of the association;

"secretary", of an incorporated association, means the person who is for the time being the secretary of the association under Division 1 of Part 6;

"special resolution" means a resolution of an incorporated association passed in accordance with section 64;

tier one association has the meaning given in section 90(2) ;

tier three association has the meaning given in section 90(4) ;

tier two association has the meaning given in section 90(3).