ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 7 Registration of proposed incorporated association
ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 7
Registration of proposed incorporated association(1) Subject to subsections (2) and (3), if an application for the incorporation of an association is made in accordance with section 6, the Registrar must register the association as an incorporated association.
(2) The Registrar must refuse to register an association if—
(a) the association 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, an association 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 an association if the Registrar is satisfied that the incorporation of the association would be inappropriate—
(a) by reason of the Registrar's assessment of—
(i) the likely scale or nature of the activities of the association; or
(ii) the likely value or nature of the property of the association; or
(iii) the extent or nature of the dealings which the association has, or is likely to have, with the public; or
(b) for any other prescribed reason.
(4) If the Registrar refuses to register an association, 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 association, the applicant may within 28 days after the notification apply to VCAT for a review of the decision.