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ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SCHEDULE 4

ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SCHEDULE 4

SCHEDULE 4

Sch. 4

Section 223

TRANSITIONAL PROVISIONS

        1     Definitions

    (1)     In this Schedule—

"commencement day" means the day on which section 224 comes into operation;

"corresponding provision" means a provision of this Act that re-enacts (with or without modification) a provision of the Associations Incorporation Act 1981 ;

"old model rules" means the model rules made under the Associations Incorporation Act 1981 ;

"old rules", of an incorporated association, has the meaning given in clause 7(1).

    (2)     For the purposes of the definition of corresponding provision in subclause (1), in determining whether a provision is a corresponding provision—

        (a)     regard must be had to the substance of the provision; and

        (b)     if the provision appears to have expressed the same idea in a different form of words for the purposes of using a clearer style—the difference must be disregarded.

        2     Re-enactment of Associations Incorporation Act 1981

This Act re-enacts the Associations Incorporation Act 1981 with certain modifications.

        3     General transitional provisions

    (1)     This Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .

    (2)     Without limiting subclause (1), in declaring that this Act re-enacts with certain modifications the Associations Incorporation Act 1981 , this Schedule must not be taken to—

        (a)     limit the operation of any provision of the Interpretation of Legislation Act 1984 ; or

        (b)     be an exhaustive list of the provisions of the Associations Incorporation Act 1981 re-enacted by this Act.

    (3)     This Schedule applies despite anything to the contrary in any other provision of this Act.

        4     Incorporated associations

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    (1)     An association that, immediately before the commencement day, was incorporated under the Associations Incorporation Act 1981 is, on that day, taken to be incorporated under this Act.

    (2)     Subclause (1) does not affect the date of incorporation of an incorporated association referred to in subclause (1) which continues to be the date the association became incorporated under the Associations Incorporation Act 1981 .

    (3)     On and from the commencement day, a certificate of incorporation issued under the Associations Incorporation Act 1981 to an incorporated association referred to in subclause (1) is taken to have been issued under this Act.

        5     Registrar of Incorporated Associations

On and from the commencement day, the Registrar of Incorporated Associations established under section 38 of the Associations Incorporation Act 1981 (as in force immediately before the commencement day) continues in existence under this Act.

        6     Register of incorporated associations

On and from the commencement day, the register of incorporated associations kept under section 39 of the Associations Incorporation Act 1981 is taken to be the register of incorporated associations kept under this Act.

        7     Incorporated association may operate under old rules

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    (1)     Subject to subclauses (2) and (3), an incorporated association may continue to operate under the rules of the association as in force immediately before the commencement day (the old rules ) until the rules are altered in accordance with clause 8.

    (2)     While an incorporated association is operating under its old rules, if there is an inconsistency between those rules and any provision of this Act, the provision of this Act prevails except as provided in this Schedule.

    (3)     If the old rules of an incorporated association are the old model rules, the association may only operate under those rules for 12 months after the commencement date or until the rules are altered in accordance with clause 8.

    (4)     If, after the expiry of the period of 12 months commencing on the commencement date, an incorporated association operating under the old model rules has not taken either action referred to in clause 8(2), it is taken to have adopted the model rules under this Act and its old rules are of no effect.

    (5)     If—

        (a)     an incorporated association is operating under its old rules by virtue of subclause (1); and

        (b)     under those old rules there is an office holder of the association, separate to the office of public officer, who has the title of secretary—

any reference in this Act to the secretary of an incorporated association is not to be taken as a reference to that office holder.

    (6)     The Registrar may, in writing, approve changes to the composition of the office holders of an incorporated association that would otherwise be contrary to the rules of the association if satisfied those changes are necessary to facilitate the transition of the association from its old rules to rules that comply with this Act.

        8     Alteration of old rules

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    (1)     For the purposes of this clause, the rules of an incorporated association operating under its old rules are altered when—

        (a)     the association has notified the Registrar in accordance with section 49(7) that it has approved the adoption of the model rules under this Act as its own rules; or

        (b)     the Registrar, subject to subclause (3), has approved the alteration of the association's rules under section 50.

    (2)     Within 12 months after the commencement day, an incorporated association operating under the old model rules must—

        (a)     notify the Registrar in accordance with section 49(7) that it has approved the adoption of the model rules under this Act as its own rules; or

        (b)     apply in accordance with section 50 for the approval of the alteration of its rules.

    (3)     The Registrar must not approve the alteration of the old rules of an incorporated association unless satisfied that all the rules as altered comply with this Act.

Example

The Registrar must be satisfied that the rules make provision for each of the matters specified in Schedule 1 and any other prescribed matter and that any references in the rules to the public officer of the association have been changed to a reference to the secretary.

    (4)     For the purposes of this clause, an alteration, of the rules of an incorporated association, includes the substitution of its old rules with new rules.

        9     Public officer of an incorporated association

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    (1)     While an incorporated association is operating under its old rules as provided for in clause 7, a person appointed as the public officer of the association under those rules is taken to be the secretary of the association but only for the purposes of this Act.

Note

If under those old rules there is an office holder of the association, separate to the public officer, who has the title of secretary, subclause (1) does not operate to deem the public officer to be that office holder.

    (2)     Section 35(3)(b) only applies in relation to a secretary (other than a person who is taken to be the secretary under subclause (1)) of an incorporated association appointed after the commencement day.

    (3)     The authenticity of a document authenticated by the public officer of an incorporated association under section 19(6) of the Associations Incorporation Act 1981 is not affected.

    (4)     On and from the commencement day, the secretary of an incorporated association (other than the office holder referred to in clause 7(5)(b)) may continue and complete any continuing act or thing commenced by or against the public officer of the association.

        10     Statement of purposes

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The statement of purposes of an incorporated association that, immediately before the commencement day, is included in the register of incorporated associations as the current statement of purposes of the association, is on the commencement day taken to be part of the rules of the association until such time as an alteration of those rules is approved by the Registrar.

        11     Financial reporting

Despite anything to the contrary in this Act, an incorporated association to which clause 4(1) applies may elect to comply with Part VI of the Associations Incorporation Act 1981 in relation to the submission to its members of its financial statement for the last financial year of the association ending prior to 30 June 2013 and the giving of that statement to the Registrar.

        12     Corresponding provisions

To avoid doubt and unless the context demands otherwise, on the commencement day—

        (a)     any application made under a provision of the Associations Incorporation Act 1981 that, immediately before the commencement day, had not been determined is taken to have been made under the corresponding provision of this Act and may be determined accordingly;

        (b)     any resolution, appointment, notice or anything else made, given or done (however described) by an incorporated association under a provision of the Associations Incorporation Act 1981 and that is in effect immediately before the commencement day is taken to have been made, given or done under the corresponding provision of this Act;

        (c)     any instrument made, given, issued or served (however described) by the Registrar under a provision of the Associations Incorporation Act 1981 and that is in force immediately before the commencement day is taken to have been made, given, issued or served by the Registrar under the corresponding provision of this Act.

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