ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 6 Application for incorporation

ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 6

    (1)     A person who is authorised under section 5(1)(a) to do so may apply to the Registrar for the incorporation of an association.

    (2)         A person who is authorised under section 5(1)(a) to apply to the Registrar for the incorporation of an association may do anything necessary to secure the incorporation of the association under this Act despite anything to the contrary contained in the rules of the association.

    (3)     The application must be in the approved form and include—

        (a)     the name of the proposed incorporated association; and

        (b)     the name, address and contact telephone number and email address (if available) of the person nominated to be the first secretary of the proposed incorporated association; and

        (c)     the prescribed particulars.

    (4)     The application must be accompanied by—

        (a)     in relation to the rules of the proposed incorporated association—

              (i)     a copy of those rules; or

              (ii)     a statement that the association has approved the adoption of the model rules; and

        (b)     the particulars of any trusts relating to the association and a copy of any deed or other instrument creating or embodying those trusts; and

        (c)     the prescribed fee.

Note

If the rules approved by an association vary in any manner from the model rules (other than in particulars relating to the name, purpose or financial year of the proposed incorporated association) the rules are taken not to be model rules. Consequently, the application must comply with subsection (3)(a)(i) and, on incorporation of the association under this Act, sections 49(3) and 49(4) do not apply to those rules.