ASSOCIATIONS INCORPORATION ACT 2015
Table of Provisions
PART 1 -- Preliminary
PART 2 -- Incorporation of association
Division 1 -- Eligibility
- 4 Associations eligible for incorporation
- 5 Associations not eligible for incorporation
- 6 Regulations may declare associations to be ineligible
Division 2 -- Requirements for application for incorporation
- 7 Application to Commissioner
- 8 Commissioner may require public notice of application for incorporation
- 9 Request for refusal of incorporation
Division 3 -- Incorporation
- 10 Incorporation of association
- 11 Refusal of incorporation
- 12 Restrictions as to names of associations
- 13 Effect of incorporation
- 14 Powers of incorporated association
- 15 Manner in which contract may be made
- 16 When contract affected by deficiency in association’s legal capacity
- 17 Requirements of section 4 continue after incorporation
- 18 Certain property vests in incorporated association
- 19 Liability of members of management committee, trustees and members
- 20 Issue of replacement certificate
PART 3 -- Rules
Division 1 -- Rules of incorporated association
- 21 Effect of rules
- 22 General requirements for content of rules
- 23 Commissioner may exempt from requirement of section
- 24 Restriction on distribution of surplus property
- 25 Commissioner may approve variation of provision implied by section
- 26 Model rules
- 27 Rules of associations existing at the commencement of section
- 28 Rules of an incorporated association
- 29 Adoption of model rules
Division 2 -- Alteration of rules
- 30 Alteration of rules
- 31 Change of name by alteration of rules
- 32 Corporate identity and other matters not affected by change of name
- 33 Certain other rule alterations to be approved by Commissioner
- 34 Request for refusal of change of name or other rule alterations
Division 3 -- Provision of rules to members
- 35 Rules to be available to members
- 36 When member to receive copy of rules
- 37 Further provision as to obligations under sections 35 and
PART 4 -- Management
Division 1 -- Management committee
- 38 Management committee
- 39 Persons who are not to be members of management committee
- 40 Limitation of period for which section 39 applies to certain persons
- 41 Handing over of documents and records when membership of management committee ceases
Division 2 -- Matters of material personal interest
- 42 Disclosure of material personal interest
- 43 Voting on contract in which management committee member has a material personal interest
Division 3 -- Duties of officers
- 44 Duty of care and diligence
- 45 Duty of good faith and proper purpose
- 46 Use of position
- 47 Use of information
- 48 Interaction of sections 44 to 47 with other laws
- 49 Reliance on information or advice
Division 4 -- Annual general meeting and special resolutions
- 50 Annual general meeting
- 51 Requirements for special resolution
- 52 Evidence of passing of resolution
Division 5 -- Register of members
- 53 Register to be maintained
- 54 Inspection of register by member
- 55 Commissioner may request copy of register
- 56 Member may request copy of register
- 57 Improper use of information in register
Division 6 -- Record of office holders
Division 7 -- Direction by Commissioner to convene general meeting
- 60 Commissioner may direct that general meeting be convened
- 61 Rights of Commissioner or a delegate at meeting
PART 5 -- Financial records, reporting and accountability
Division 1 -- Preliminary
- 62 Terms used
- 63 Financial reports of tier 2 and tier 3 associations
- 64 Tier 1, tier 2 and tier 3 associations
- 65 Commissioner may declare association to be tier 1 or tier 2 association
Division 2 -- Financial records
Division 3 -- Financial statements and reports
Subdivision 1 -- Tier 1 associations- 68 Obligation to prepare annual financial statements
- 69 Review or audit of financial statements
- 70 Financial reporting to annual general meeting and Commissioner Subdivision 2 -- Tier 2 associations
- 71 Obligation to prepare annual financial report
- 72 Review or audit of financial reports
- 73 Financial reporting to annual general meeting and Commissioner Subdivision 3 -- Tier 3 associations
- 74 Obligation to prepare annual financial report
- 75 Audit of financial report
- 76 Financial reporting to annual general meeting
Division 4 -- Special audit
- 77 Commissioner may require special audit to be carried out
Division 5 -- Reviews and audits
- 78 Review or audit to be conducted in accordance with auditing standards
- 79 Working papers to be retained for 7 years
- 80 Reviewer’s or auditor’s independence declaration
- 81 Reviewer’s report on financial statements or financial report
- 82 Auditor’s opinion and report on financial statements or financial report
- 83 Reporting breaches of Act to Commissioner
Division 6 -- Provisions relating to reviewers and auditors generally
Division 7 -- Appointment and removal of reviewers and auditors
- 87 Appointment of reviewer or auditor
- 88 Qualifications for appointment
- 89 Removal of reviewer or auditor by resolution
- 90 Reviewer or auditor may make representations
- 91 Exemption from section 90(2) requirements
PART 6 -- Transfer of incorporation
- 92 Term used: prescribed body corporate
- 93 Incorporated association may apply for approval of registration or incorporation under another law
- 94 Approval of Commissioner
- 95 Commissioner may direct incorporated association to apply for other registration or incorporation
- 96 Commissioner must give notice of intention to give direction
- 97 SAT review of proposed direction or amendment
- 98 Association must comply with section 95 direction
- 99 Cancellation of incorporation under this Act
- 100 Transition to incorporation under another law
PART 7 -- Amalgamation
- 101 Term used: new body
- 102 Application for incorporation of body formed by amalgamation
- 103 What must be included in application
- 104 Commissioner may require public notice of application
- 105 Request for refusal of incorporation of new body
- 106 Incorporation of new body
- 107 Time to be allowed for operation of section
- 108 Vesting of property and liabilities in new body
PART 8 -- Statutory management of incorporated association
- 109 Application by Commissioner to appoint statutory manager
- 110 State Administrative Tribunal may appoint statutory manager
- 111 Effect of appointment of statutory manager
- 112 Variation and revocation of order
- 113 Duration of appointment
- 114 Prerequisites of revocation of appointment
- 115 Statutory manager to report to Commissioner
- 116 Expenses of statutory management
- 117 Protection from liability
- 118 Additional powers of Commissioner
- 119 Proceedings against association stayed
PART 9 -- Administration and winding up
Division 1 -- Voluntary administration and winding up
- 120 Administration under Corporations Act
- 121 Voluntary winding up under Corporations Act
- 122 Further application of Corporations Act
Division 2 -- Winding up by Supreme Court
- 123 Grounds on which winding up may be ordered
- 124 By whom application may be made
- 125 Application of Corporations Act
- 126 Cancellation of incorporation upon winding up by Supreme Court
Division 3 -- Offence related to incurring of debt
- 127 Duties of management committee members with respect to incurring of debt
PART 10 -- Cancellation of incorporation
Division 1 -- Voluntary cancellation where there is property to be distributed
- 128 Term used: distribution plan
- 129 Initiation of cancellation of incorporation under this Division
- 130 Application for approval of distribution plan and cancellation
- 131 Commissioner may require public notice of application
- 132 Request for refusal to approve or cancel
- 133 Content and operation of distribution plan
- 134 Position where conditions attached to grant
- 135 Approval of distribution plan
- 136 Refusal to approve distribution plan
- 137 Time limit for implementation of plan
- 138 Duty of association
- 139 Reporting to Commissioner
- 140 Cancellation of incorporation under this Division
Division 2 -- Voluntary cancellation where there are no debts or surplus property
- 141 Application for cancellation under this Division
- 142 Content of application
- 143 Commissioner may grant application
Division 3 -- Cancellation of incorporation by Commissioner on certain grounds
- 144 Grounds on which Commissioner may act
- 145 Commissioner may require association to show cause
- 146 How association may show cause
- 147 Cancellation of incorporation where cause not shown
- 148 Powers in respect of property
- 149 Property vested in the State
Division 4 -- General
PART 11 -- Exclusion from Corporations legislation
- 152 Excluded matters for Corporations Act section 5F
PART 12 -- Administration
Division 1 -- General
- 153 Commissioner
- 154 General functions of Commissioner
- 155 Delegation by Commissioner
- 156 Regulations for the provision of information to the Commissioner
- 157 Commissioner may require documents relating to financial affairs to be produced
- 158 Application of Fair Trading Act 2010 sections 61, 112 and 159. Protection from liability
- 160 Evidentiary provisions
Division 2 -- Information and documents kept by Commissioner
- 161 Commissioner must keep register of incorporated associations and other documents
- 162 Inspection of register or documents
- 163 Certification of document
- 164 Destruction of documents by Commissioner
- 165 Lodgment of documents
- 166 Documents may be lodged by facsimile or electronic transmission
- 167 Commissioner may refuse lodgment of document
- 168 No constructive notice of contents of documents
PART 13 -- Review
PART 14 -- Investigation and enforcement
- 171 Term used: authorised person
- 172 Application of Fair Trading Act 2010 PART
- 173 Infringement notices and the Criminal Procedure Act 2004
PART 15 -- Miscellaneous
- 174 Lodging notice of address for service
- 175 Change of address
- 176 Service on incorporated association
- 177 False or misleading statements in documents: offence
- 178 Commissioner may require statutory declaration
- 179 Use of “Incorporated” restricted
- 180 Time limit for commencing proceedings
- 181 Commissioner or authorised person may commence prosecution
- 182 Jurisdiction of SAT in respect of disputes
- 183 Regulations
- 184 Review of Act
PART 16 -- Repeal of Associations Incorporation Act 1987 and transitional provisions
Division 1 -- Repeal
- 185 Associations Incorporation Act 1987 repealed
Division 2 -- Transitional provisions
Subdivision 1 -- Preliminary- 186 Terms used
- 187 Saving Subdivision 2 -- Existing incorporated associations
- 188 Incorporation continued
- 189 Committee of existing incorporated association Subdivision 3 -- Continuation of certain matters in progress
- 190 Existing applications for incorporation
- 191 Rule alteration in progress
- 192 Applications under repealed section 18 or 19 in progress
- 193 Applications for extension of time under repealed section 23(1) 194. Certain applications for review made but not determined
- 195 Voluntary winding up in progress
- 196 Notice given under repealed section 34(1) 197. Notice given under repealed section Subdivision 4 -- Alteration of rules by existing incorporated associations and section 190 incorporated associations
- 198 Alteration of rules
- 199 Rules of existing incorporated associations to which repealed Schedule 2 clause 4 applied
- 200 Rule alterations may be made by management committee
- 201 Model rules apply if rules are not made compliant
- 202 Act modifications pending alteration of rules Subdivision 5 -- Other things to be done by existing incorporated associations and section 190 incorporated associations
- 203 Notification of addresses Subdivision 6 -- Other provisions
- 204 New section 50 applies where time is already running under section 23 of repealed Act
- 205 When accounting and financial reporting provisions start to apply to existing incorporated associations
- 206 Auditor’s appointments
- 207 Property vested under section 36 of repealed Act
- 208 Constructive notice under section 168 of this Act
- 209 Time limit under section 180 of this Act
- 210 References in written laws Subdivision 7 -- Further provision may be made
- 211 Regulations
PART 17 -- Consequential amendments
- 212 Child Care Services Act 2007 amended
- 213 Cremation Act 1929 amended
- 214 Criminal Procedure Act 2004 amended
- 215 Education Service Providers (Full Fee Overseas Students) Registration Act 1991 amended
- 216 Electricity Corporations Act 2005 amended
- 217 Gaming and Wagering Commission Act 1987 amended
- 218 Hale School Act 1876 amended
- 219 Insurance Commission of Western Australia Act 1986 amended
- 220 Law Society Public Purposes Trust Act 1985 amended
- 221 Legal Aid Commission Act 1976 amended
- 222 Liquor Control Act 1988 amended
- 223 Local Government Act 1995 amended
- 224 Members of Parliament (Financial Interests) Act 1992 amended
- 225 Pharmacy Act 2010 amended
- 226 Planning and Development Act 2005 amended
- 227 Racing and Wagering Western Australia Act 2003 amended
- 228 School Education Act 1999 amended
- 229 Taxation Administration Act 2003 amended
- 230 Volunteers and Food and Other Donors (Protection from Liability) Act 2002 amended
- 231 Water Corporations Act 1995 amended
- 232 References to “1987” amended to “2015” in various Acts