Associations Incorporation Act 1981 (Victoria)/Part IX

From Wikisource
Jump to: navigation, search


PART IX—MISCELLANEOUS

38 Registrar of Incorporated Associations[edit]

[1]

Subject to the Public Administration Act 2004, there shall be a Registrar of Incorporated Associations and such Deputy or Assistant Registrars as are required for the purposes of this Act.

38A Registrar may enter into arrangements or agreements[edit]

[2]

The Registrar may enter into arrangements or agreements with any person or body to act as the agent of the Registrar in the carrying out of his or her functions except any function under section 7(2), 10(4A), 31AB, 35 or 36E.

38B Delegation by Minister[edit]

[3]

The Minister may, by instrument, delegate to the Registrar the power of the Minister to give consent under section 12(1).

39 Register[edit]

[4]

(1) The Registrar must keep a register of incorporated associations open for public inspection in the form determined by the Registrar.

(1A) The purposes of keeping the register are—[5]

(a) to enable members of the public to have access to information about the purposes, rules, contact details and public officers of incorporated associations in Victoria;

(b) to enable members of the public to have access to the annual returns of incorporated associations in Victoria.

(1B) The register must include details of the following in relation to each incorporated association—[6]

(a) incorporated association number issued by the Registrar;

(b) incorporated association name;

(c) previous names of the incorporated association and the dates they were current;

(d) current registered address and date registered;

(e) previous registered address and date registered;

(f) current postal address;

(g) current status of incorporation;

(h) date incorporated or cancelled;

(i) name and date of appointment of current public officer;

(j) name and date of appointment of previous public officer;

(k) date on which the financial year of the incorporated association ends;

(l) copy of each annual return lodged and date of lodgment;

(m) date of last annual general meeting;

(n) whether or not the incorporated association is a prescribed association;

(o) copy of current statement of purposes and date approved;

(p) copy of current rules and date approved;

(q) any business name that has been registered;

(r) Australian Business Number (if any) issued under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth issued to the incorporated association;

(s) any information prescribed by the regulations as forming part of the register.

(2) Subject to the Public Records Act 1973, the Registrar may, if in his opinion it is no longer necessary or desirable to retain it, destroy or dispose of any document a transparency of which has been incorporated with the register kept under this section.

39A Corrections of register[edit]

[7]

(1) The Registrar may correct any error or omission in the Register by—

(a) inserting an entry; or

(b) amending an entry; or

(c) omitting an entry—

if he or she decides that the correction is necessary.

(2) The Registrar must not omit an entry in the register unless satisfied that the whole of the entry was included in error.

39B Restriction of personal information[edit]

[8]

(1) A person whose personal information is held on the register of incorporated associations may apply to the Registrar to restrict public access to some or all of that personal information.

(2) If the Registrar is satisfied that exceptional circumstances exist justifying the restriction of public access to that person's personal information, the Registrar may restrict public access to some or all of that personal information.

(3) The restriction of public access under subsection (2) may be for the period and on the conditions that the Registrar thinks fit.

(4) If the Registrar is satisfied that it is in the public interest that restricted personal information be released to a person who applies for it, the Registrar may release some or all of the information to the person on any condition that the Registrar thinks fit.

(5) If the Registrar decides to release restricted personal information, the Registrar must give written notice of the decision to the person whose restricted personal information is to be released.

(6) The Registrar must not release restricted personal information until 28 days after giving written notice of the decision to release the information to the person whose restricted personal information is to be released.

39C Rights of review[edit]

[9]

(1) A person whose interests are affected by a decision of the Registrar under section 39B may apply to the Tribunal for review of that decision.

(2) An application for review under subsection (1) must be lodged with the Tribunal within 28 days after—

(a) notice of the decision was given; or

(b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

40 Inspection of register[edit]

(1) A person may—[10]

(a) inspect the register referred to in section 39 on payment of the prescribed fee (if any);

(b) inspect prescribed documents or documents of a prescribed class kept by the Registrar relating to an incorporated association on payment of the prescribed fee (if any);

(c) obtain, on payment of the prescribed fee, a certified copy of a document that the person may inspect under paragraph (b);[11] and

(d) obtain, on payment of the prescribed fee, a copy of a document that the person may inspect under paragraph (b).[12]

(2) If a reproduction or transparency of a document or an extract of information contained in a document and recorded in the register is produced for inspection, a person is not entitled pursuant to subsection (1) to require the production of the original of that document.[13]

40A Duplicate certificate of incorporation[edit]

A person may, on payment of the prescribed fee, obtain a certified duplicate of a certificate of incorporation of an incorporated association.[14]

41 Notice of register etc.[edit]

A person has notice of a fact or matter noted on the register kept under this Act or of a document held by the Registrar and available for inspection in accordance with this Act—

(a) if he has actual notice of that fact, matter or document; or

(b) if he has been put upon enquiry as to the existence of the fact, matter or document and has deliberately abstained from inquiry or further inquiry when he might reasonably have expected the inquiry or further inquiry to reveal the fact, matter or document.

42 Authority of public officer etc.[edit]

An incorporated association or a guarantor of an obligation of an incorporated association may not assert against a person dealing with the incorporated association or with any person who has acquired rights from the incorporated association that—

(a) the rules of the incorporated association have not been complied with; or

(b) the public officer of the incorporated association whose name was last notified to the Registrar as the public officer is not the public officer.

43 Translation of instruments[edit]

(1) Where under this Act a person gives to or lodges with the Registrar any instrument or a copy of any instrument and the instrument is not written in the English language, the person shall at the same time give to or lodge with the Registrar a certified translation of the instrument into the English language.

(2) In this section—

certified in relation to the translation of a document, means certified by a statement in writing to be a correct translation of the document into the English language;

instrument includes any rules, trust or other document.

44 Evidentiary provisions[edit]

(1) The Registrar may, by writing under his hand, certify—

(a) that, on a date specified in the certificate, an incorporated association was, or was not, an incorporated association;

(aa) that a requirement of this Act specified in the certificate—[15]

(i) had or had not been complied with at a date or within a period specified in the certificate; or
(ii) had been complied with at a date specified in the certificate but not before that date;

(b) that, on a date specified in the certificate, a person specified in the certificate was, or was not, the public officer of an incorporated association specified in the certificate;

(ba) that, on a date specified in the certificate, the registered address of a specified incorporated association last notified under this Act to the Registrar was the address specified in the certificate;[16]

(c) that, on a date specified in the certificate, the address of the public officer of a specified incorporated association last notified under this Act to the Registrar was the address specified in the certificate; and

(d) that a copy of the statement of purposes or rules of, or trusts relating to, an incorporated association is a true copy of the statement of purposes, rules or trusts as at a date specified in the certificate—[17]

and such a certificate is prima facie evidence of the matters stated in the certificate.

(2) A certificate of incorporation of an association granted under section 7, 10 or 31 is conclusive evidence of the incorporation of the association under this Act.

(3) A copy of a document relating to an incorporated association certified by the Registrar as a true copy is admissible in evidence as of equal validity with the original document.[18]

45 Payment of fees on lodging documents[edit]

Where a fee is payable to the Registrar for or in respect of the lodging of a document with the Registrar and the document is submitted for lodgment without payment of the fee, the document shall be deemed not to have been lodged until the fee has been paid.

45A Method of lodgment[edit]

[19]

(1) Subject to section 45, it is sufficient compliance with a requirement under this Act or the regulations that a document be lodged with the Registrar if the Registrar receives a copy of the document by facsimile or electronic transmission.

(2) If the Registrar receives from a person a copy of a document under subsection (1), the Registrar may require that person to produce and lodge the original of the document.[20]

(2A) The Registrar may require a person to produce and lodge the original of any document an incorporated association is required to keep under this Act.[21]

(2B) Subsections (2) and (2A) do not apply to any document—[22]

(a) created by a person using software approved by the Director of Consumer Affairs Victoria and lodged on an Internet site operated by the State; and

(b) forwarded by electronic transmission to the Registrar.

(2C) A person must comply with a requirement of the Registrar under subsection (2) or (2A) within 28 days after the person received the request from the Registrar or such longer time as determined by the Registrar.[23]

Penalty: 5 penalty units.

(3) If the person does not comply with a requirement of the Registrar within the period specified in subsection (2C), the person is to be taken not to have lodged the document.[24]

(4) An incorporated association must keep the original of any document lodged with the Registrar, whether lodged in electronic or other form, for a period of 7 years after the date of lodging.[25]

Penalty: 20 penalty units.

(2) If the Registrar receives from a person a copy of a document under subsection (1), the Registrar may require that person to produce and lodge the original within the time specified by the Registrar.

(3) If the person does not comply with a requirement of the Registrar within the specified time, the person is to be taken not to have lodged the document.

45B Approval of special lodging arrangements[edit]

(1) Despite the requirements of this Act, the Registrar, by written notice, may give approval for a special arrangement for the electronic transmission or lodging of copies of documents under this Act to—[26]

(a) the public officer; or

(b) a specified agent on behalf of a specified person or persons or class of persons.

(2) An approval may provide an exemption (or a partial exemption) for the person or persons for or on behalf of whom the documents are lodged or the public officer or agent from specified provisions of this Act relating to the authentication or signature of documents and the lodging of documents.

(3) The Registrar may grant or refuse an approval to a person who applies in writing for that approval.

(4) The Registrar may vary or cancel an approval by written notice.

(5) The Registrar may impose any condition on an approval under this section including a condition that the Registrar will refuse to accept a document for lodgement unless he or she is satisfied that a majority of the Committee for the time being of the association proposed to be incorporated or the incorporated association has given written authorisation to the public officer or other person specified in the approval—

(a) to sign copies of specified documents for or on behalf of the person or persons who would otherwise be required by or under this Act to sign the documents;

(b) to lodge with the Registrar copies of specified documents for or on behalf of the person who would otherwise be required by or under this Act to lodge the documents.

(6) The Registrar must note on the register kept under section 39 details of any authorisations required under subsection (5).

(7) A document required to be lodged by a person under this Act is deemed to be signed by the person or persons required to sign the document if a copy of the document is signed on the person's or persons' behalf by a person authorised in accordance with subsection (5) to so sign the copy of the document.

(8) Subsection (7) does not relieve any person who would otherwise be required to sign the document from signing the original document.

45C Signatures[edit]

[27]

(1) Despite any other provision of this Act if the Registrar is satisfied that it is not practicable to obtain the signature of a person required by this Act to sign a document the Registrar may accept the document without its being signed by that person but the person is not relieved of the requirement to sign the document.

(2) If a document has been received by the Registrar for the purposes of lodgement under this Act or the regulations made under this Act, it is sufficient compliance with a requirement for the document to be signed if the original document is signed.

45D Waiver or refund of fees[edit]

[28]

The Registrar may, in a particular case or class of cases—

(a) waive or reduce fees that would otherwise be payable under this Act; or

(b) refund, in whole or in part, fees paid under this Act.

46 Incorrect etc. documents lodged with Registrar[edit]

If the Registrar is of opinion that a document submitted for lodgment with the Registrar—

(a) contains matter contrary to law;

(b) contains matter that, in a material particular, is false or misleading in the form and context in which it is included;

(c) by reason of an omission or misdescription has not been duly completed;

(ca) is illegible in any part;[29]

(cb) if submitted in electronic form, is not readily accessible by the Registrar so as to be useable by the Registrar;[30]

(d) does not comply with the requirements of this Act; or

(e) contains an error, alteration or erasure— the Registrar may refuse to register or receive the document and may request—

(f) that the document be appropriately amended or completed and resubmitted;[31]

(g) that a fresh document be submitted in its place; or[32]

(h) where the document has not been duly completed, that a supplementary document in the form approved by the Registrar be lodged.Cite error: Closing </ref> missing for <ref> tag

(1) Subject to this section, in any legal proceedings (whether proceedings under this Act or otherwise), a copy of or extract from a record relating to affairs of an incorporated association is admissible in evidence as if it were the original record or the relevant part of the original record.

(2) A copy of or extract from a record is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the record or of the relevant part of the record.

(3) For the purposes of subsection (2), evidence that a copy of or extract from a record is a true copy of the record or of a part of the record may be given either orally or by an affidavit or statutory declaration by a person who has compared the copy or extract with the record or the relevant part of the record.

48 Service of documents[edit]

A document may be served on an incorporated association by addressing it to the incorporated association and leaving it at, or by sending it by post to, the registered address of the incorporated association last notified under this Act to the Registrar.[33]

49 False or misleading statements[edit]

(1) A person who, in a document required by or for the purposes of this Act or lodged with or submitted to the Registrar or in a declaration made under this Act or in a document submitted to a general meeting of members of an incorporated association, makes or authorizes the making of a statement that to his knowledge is false or misleading in a material particular or omits or authorizes the omission of any matter or thing without which the document is to his knowledge misleading in a material respect, is guilty of an offence.[34]

Penalty: 60 penalty units.

(2) A person who, in a document required by or for the purposes of this Act or lodged with or submitted to the Registrar or in a declaration made under this Act or in a document submitted to a general meeting of members of an incorporated association—[35]

(a) makes or authorizes the making of a statement that is false or misleading in a material particular; or

(b) omits or authorizes the omission of any matter or thing without which the document would be misleading— without having taken reasonable steps to ensure that the statement was not false or misleading or to ensure that the statement did not omit any matter or thing without which the document would be misleading, as the case may be, is guilty of an offence.

Penalty: 60 penalty units.

(3) For the purposes of subsections (1) and (2), where—

(a) at a meeting, a person votes in favour of a resolution approving, or otherwise approves a document required by or for the purposes of this Act or required to be submitted to the Registrar; and

(b) the document contains a statement that, to the person's knowledge, is false or misleading in a material particular, or omits any matter or thing without which the document is to the person's knowledge, misleading in a material respect— the person shall be deemed to have authorized the making of the statement or the omission of the matter or thing.

49A Retention of documents[edit]

If a public officer or other person has lodged a copy of a document under this Act signed by the public officer or other person in accordance with an approval under section 45B, the public officer or person who lodged the copy of the document must ensure that the original document signed by any person who is required to sign the document is kept so that it is able to be produced readily to the Registrar for not less than 7 years after the document was lodged with the Registrar.[36]

Penalty: 30 penalty units.

50 Penalties[edit]

[37]

(1) A person who—[38]

(a) does an act or thing that he is forbidden to do by or under a provision of this Act;

(b) does not do an act or thing that he is required or directed to do by or under a provision of this Act; or

(c) otherwise contravenes or fails to comply with a provision of this Act—

is, unless that provision or another provision of this Act provides that he is guilty of an offence, guilty of an offence by virtue of this section.

Penalty: 5 penalty units.

(2) Despite anything to the contrary in any other Act, proceedings for any offence against this Act may be commenced within three years after the commission of the alleged offence.[39]

50A Continuing offences[edit]

[40]

(1) If—

(a) by or under a provision of this Act, an act or thing is required or directed to be done within a particular period or before a particular time; and

(b) failure to do the act or thing within that period or before that time constitutes an offence; and

(c) the act or thing is not done within that period or before that time—

then—

(d) the obligation to do the act or thing continues, despite the fact that that period has expired or that time has passed, and whether or not a person is convicted of an offence in relation to failure to do the act or thing, until the act or thing is done; and

(e) subsection (3) applies.

(2) If—

(a) by or under a provision of this Act, an act or thing is required or directed to be done but neither a period within which, nor a time before which, the act or thing is to be done is specified; and

(b) failure to do the act or thing constitutes an offence; and

(c) a person is convicted or found guilty of an offence in relation to the failure to do the act or thing—[41]

then—

(d) the obligation to do the act or thing continues, despite the conviction or finding of guilt, until the act or thing is done;[42] and

(e) subsection (3) applies.

(3) If—

(a) at a particular time a person is convicted or found guilty of an offence in relation to the failure to do the act or thing;[43] and

(b) the failure to do the act or thing continues after that time—

(4) If a person is guilty by virtue of subsection (3) of an offence in respect of a particular period, the penalty applicable to the offence is a fine not exceeding the amount obtained by multiplying one penalty unit by the number of days in that period.[44]

50B Infringement notices[edit]

[45][46]

(1) Where the Registrar has reasonable cause to believe that, whether before or after the commencement of section 9 of the Associations Incorporation and Business Names (Amendment) Act 1987, a person has committed a prescribed offence, the Registrar or a person authorised by the Registrar may, subject to subsection (2), serve on the person an infringement notice—[47]

(a) in accordance with the Infringements Act 2006;[48] and

(b) in the case of a prescribed offence constituted by a failure to do a particular act or thing, state in the notice that the obligation to do the act or thing continues despite the service of the notice or the payment of the prescribed penalty.[49]

(c) Repealed.[50]

(1A) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.[51]

(2) Subsection (1) does not empower the Registrar or a person authorised by the Registrar—

(a) to serve on a person more than one notice under that subsection in relation to an alleged commission by that person of a particular prescribed offence; or

(b) to serve on a person a notice under that subsection in relation to a prescribed offence unless proceedings could be instituted against that person for that offence in accordance with section 50(2).

(3) Despite anything to the contrary in the Infringements Act 2006, a notice under subsection (1) may be served on an incorporated association in accordance with section 48.[52]

(4) Where a notice under subsection (1) is served on a person in relation to a prescribed offence constituted by a failure to do a particular act or thing—

(a) if, within the period specified in the notice, the person pays the prescribed penalty to the authority specified in the notice, and does the act or thing—no proceedings may be instituted against the person in respect of the prescribed offence; or

(b) if, at the expiration of the period specified in the notice, the person has paid the prescribed penalty to the authority specified in the notice but has not done the act or thing—no proceedings may be instituted against the person in respect of the prescribed offence, but the obligation to do that act or thing continues, and section 50A applies in relation to the continued failure to do that act or thing as if, on the day on which the person so paid the prescribed penalty, the person had been convicted of an offence constituted by a failure to do that act or thing; or

(c) if, at the expiration of the period specified in the notice, the person has not paid the prescribed penalty to the authority specified in the notice but has done the act or thing—proceedings may be instituted, or procedures for the enforcement of infringement penalties under the Infringements Act 2006 may be used, against the person in respect of the prescribed offence;[53] or

(d) if, at the expiration of the period specified in the notice, the person has not paid the prescribed penalty to the authority specified in the notice and has not done the act or thing—the obligation to do that act or thing continues, and proceedings may be instituted, or procedures for the enforcement of infringement penalties under the Infringements Act 2006 may be used, against the person in respect of the prescribed offence.[54]

(6) Repealed.[55]

(7) Except as provided by subsections (4)(a) and (b), this section does not affect the operation of any provision of this or any other Act in relation to the institution of proceedings in respect of offences that are prescribed offences for the purposes of this section.[56]

(8) In this section, authority includes a person.

50C Application of Fair Trading Act 1999[edit]

[57]

(1) Sections 106HA, 143 and 144 and Division 2 of Part 11 (except section 155) of the Fair Trading Act 1999 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Fair Trading Act 1999 were a reference to this Act.[58]

(1A) For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.[59]

(2) For the purposes of subsection (1), section 154 of the Fair Trading Act 1999 applies as if a reference to prescribed proceedings were a reference to—

(a) proceedings for an offence against a provision of this Act (except Part VIIIA); or

(b) proceedings on an application for an injunction under section 149, 149A, 150, 151A or 151B of the Fair Trading Act 1999 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act (except Part VIIIA);[60] or

(c) proceedings on an application for an order under section 158, or for damages under section 159, of the Fair Trading Act 1999 (as applied by subsection (1)).

51 Incorporated association not to trade etc.[edit]

(1) An incorporated association shall not—[61]

(a) trade;

(b) secure pecuniary profit for its members; or

(c) as trustee, trade or secure pecuniary profit for persons who are members of the incorporated association.

Penalty: 60 penalty units.

(2) A member of an incorporated association who aids, abets, counsels or procures or by act or omission is in any way directly or indirectly knowingly concerned in or party to the commission of an offence by the incorporated association against subsection (1) shall be deemed to have committed that offence and is punishable accordingly.

(3) The members of an incorporated association that are deemed to have committed an offence against this section are jointly and severally liable to any creditor of the incorporated association for all debts and liabilities incurred by it in or in consequence of the trading or securing of pecuniary profit for its members.

(4) The prohibition against trading contained in subsection (1) does not apply to—[62]

(a) an incorporated association that complies with subsection (6) and—

(i) the predominant purpose of which is charitable;
(ii) the rules of which contain provisions precluding any distribution of its assets, in the event of its winding-up or dissolution, otherwise than for a charitable purpose; and
(iii) the rules of which contain provision authorizing trading by the incorporated association in accordance with this section; or

(b) an incorporated association that is declared by Order of the Governor in Council published in the Government Gazette to be an incorporated association to which the prohibition against trading does not apply.

(5) An Order under subsection (4)(b) may be made subject to such terms and conditions as the Governor in Council determines.[63]

(6) If the rules of an incorporated association contain provisions referred to in subparagraphs (ii) and (iii) of subsection (4)(a), the incorporated association shall not, without the consent of the Minister, alter—[64]

(a) the provision referred to in subparagraph (iii) of subsection (4)(a); or

(b) the provisions referred to in subparagraph (ii) of subsection (4)(a) if the rules as altered would be inconsistent with that subparagraph.

52 Offence for using certain names[edit]

Where a person or an association, society, club, institution or group of persons, not being a body corporate or an association incorporated under this or any other Act or under an Act or law of any other place, uses a name or title of which the word "Incorporated" or "Inc." or any abbreviation or imitation of either of those words forms part, the person, association, society, club, institution or group and each member of the association, society, club, institution or group is guilty of an offence.[65]

Penalty: 10 penalty units.

53 Incorporated association excluded from Corporations legislation[edit]

[66]

(1) An incorporated association is declared to be an excluded matter for the purposes of section 5F of the Corporations Act in relation to the whole of the Corporations legislation other than to the extent referred to in subsection (2).

(2) Subsection (1) does not apply—[67]

(a) if the incorporated association is a company under the Corporations Act—to the extent necessary for an association to be deregistered as a company under that Act;

(b) if the incorporated association is authorised or directed under Part VIIA to become registered as a company under that Act—to the extent necessary for an association to be registered as a company under Chapter 5B of that Act.

Note
This section ensures that neither the Corporations Act nor Part 3 of the ASIC Act will apply in relation to an incorporated association, other than as provided in subsection (2). Section 5F of the Corporations Act provides that if a State law declares a matter to be an excluded matter in relation to the whole of the Corporations legislation other than to a specified extent, then that legislation will not apply, except to the specified extent, in relation to that matter in the State concerned. However, other provisions of this Act apply certain provisions of the Corporations legislation to incorporated associations as laws of this State.

(3) Subsection (1) extends to a company within the meaning of the Corporations Act as soon as it becomes an incorporated association under this Act.

(4) Subsection (1) has effect only for so long as a body is an incorporated association under this Act.

53A Exemption from stamp duty[edit]

An instrument for the conveyance or transfer of real property or any estate or interest in real property to give effect to the vesting of land in an incorporated association by reason of the operation of section 9 or 31 is exempt from stamp duty under the Stamps Act 1958.[68]

54 Regulations[edit]

(1) The Governor in Council may make regulations for or with respect to prescribing any matter or thing authorized or required to be prescribed by this Act.

(2) Without limiting the generality of subsection (1), the regulations may—

(a) prescribe penalties not exceeding 5 penalty units for a breach of the regulations;[69]

(aa) prescribe forms for the purposes of this Act;[70]

(ab) make provision for the verification by statutory declaration of statements in forms prescribed for the purposes of this Act;[71]

(ac) prescribe offences against this Act or the regulations for the purposes of section 50B;[72]

(ad) in relation to each offence that is prescribed pursuant to this subsection—[73]

(i) Repealed. [74]
(ii) prescribe the amount of the penalty (being an amount that does not exceed half the amount of the penalty applicable to the offence) that is payable in respect of the offence pursuant to a notice served on the person under section 50B in relation to the offence;

(b) make provision for the accounts to be kept and the financial statements to be prepared by incorporated associations or incorporated associations in a class of incorporated associations;[75]

(ba) make additional provision for the audit of accounts of incorporated associations or incorporated associations in a class of incorporated associations;[76]

(bb) make provision for fees to be paid for the lodgment with the Registrar of applications, notices, statements and other documents and for inspection or copying of documents held by the Registrar;[77]

(bc) make provision for the keeping of records of documents required under this Act in any form approved by the Registrar;[78]

(c) prescribe rules as model rules, being rules that make provision for the several matters that are specified in the Schedule, whether or not they make provision for other matters; and

(d) prescribe fines not exceeding 5 penalty units payable, where the committee of an incorporated association so determines, to the incorporated association by a member who commits a breach of its rules.[79]

(3) The regulations—[80]

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstance;[81] and

(c) may apply, adopt or incorporate any statement of accounting standards or statement of accounting practice issued by any body at any time before the regulation is made.[82]

(4) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of the Parliament in accordance with the requirements of section 23(2) of the Subordinate Legislation Act 1994 which disallowance is deemed disallowance by Parliament for the purposes of that Act.[83]

55 Transitional provisions[edit]

[84]

(1) If, immediately before the commencement of section 3 of the Business Licensing Legislation (Amendment) Act 2003, an application has been made to the Registrar for incorporation of an association but the Registrar had not decided to grant, or refuse to grant, a certificate of incorporation to the association, the Registrar must make his or her decision in accordance with this Act as in force immediately before the commencement of that section.

(2) Section 37(1) as amended by section 14 of the Business Licensing Legislation (Amendment) Act 2003 applies to an incorporated association that has been deregistered before, on or after the commencement of section 14 of that Act.

[85]

Footnotes[edit]

  1. S. 38 amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 16).
  2. S. 38A inserted by No. 57/1997 s. 27.
  3. S. 38B inserted by No. 35/2000 s. 6.
  4. S. 39(1) substituted by Nos 10236 s. 8(2)(n), 8/2003 s. 15.
  5. S. 39(1A) inserted by No. 8/2003 s. 15.
  6. S. 39(1B) inserted by No. 8/2003 s. 15.
  7. S. 39A inserted by No. 35/2000 s. 7.
  8. S. 39B inserted by No. 8/2003 s. 16.
  9. S. 39C inserted by No. 8/2003 s. 16.
  10. S. 40(1) amended by No. 10236 s. 8(2)(o)(i).
  11. S. 40(1)(c) inserted by No. 10236 s. 8(2)(o)(ii).
  12. S. 40(1)(d) inserted by No. 10236 s. 8(2)(o)(ii).
  13. S. 40(2) amended by No. 69/1987 s. 7.
  14. S. 40A inserted by No. 10236 s. 8(2)(p).
  15. S. 44(1)(aa) inserted by No. 69/1987 s. 8.
  16. S. 44(1)(ba) inserted by No. 57/1997 s. 28.
  17. S. 44(1)(d) substituted by No. 10236 s. 8(2)(q).
  18. S. 44(3) inserted by No. 10236 s. 8(2)(r).
  19. S. 45A inserted by No. 57/1997 s. 29.
  20. S. 45A(2) substituted by No. 8/2003 s. 17.
  21. S. 45A(2A) inserted by No. 8/2003 s. 17.
  22. S. 45A(2B) inserted by No. 8/2003 s. 17.
  23. S. 45A(2C) inserted by No. 8/2003 s. 17.
  24. S. 45A(3) substituted by No. 8/2003 s. 17.
  25. S. 45A(4) inserted by No. 8/2003 s. 17.
  26. S. 45B inserted by No. 35/2000 s. 8.
  27. S. 45C inserted by No. 35/2000 s. 8.
  28. S. 45D inserted by No. 8/2003 s. 18.
  29. S. 46(ca) inserted by No. 57/1997 s. 30.
  30. S. 46(cb) inserted by No. 35/2000 s. 9.
  31. S. 46(a) amended as s. 46(f) by No. 10236 s. 8(2)(s).
  32. S. 46(b) amended as s. 46(g) by No. 10236 s. 8(2)(s).
  33. S. 48 amended by No. 57/1997 s. 32.
  34. S. 49(1) amended by No. 57/1997 s. 33(1).
  35. S. 49(2) amended by Nos 10236 s. 8(2)(u), 57/1997 s. 33(2).
  36. S. 49A inserted by No. 35/2000 s. 10.
  37. S. 50 amended by No. 69/1987 s. 9(1).
  38. S. 50(1) amended by No. 57/1997 s. 33(3).
  39. S. 50(2) inserted by No. 69/1987 s. 9(2).
  40. S. 50A inserted by No. 69/1987 s. 10.
  41. S. 50A(2)(c) amended by No. 8/2003 s. 19(a).
  42. S. 50A(2)(d) amended by No. 8/2003 s. 19(b).
  43. S. 50A(3)(a) amended by No. 8/2003 s. 19(c).
  44. S. 50A(4) amended by No. 8/2003 s. 19(d).
  45. S. 50B (Heading) inserted by No. 32/2006 s. 94(Sch. item 2(1)).
  46. S. 50B inserted by No. 69/1987 s. 10, amended by No. 57/1989 s. 3(Sch. item 10).
  47. S. 50B(1) amended by No. 32/2006 s. 94(Sch. item 2(2)(a)).
  48. S. 50B(1)(a) substituted by No. 32/2006 s. 94(Sch. item 2(2)(b)).
  49. S. 50B(1)(b) substituted by No. 32/2006 s. 94(Sch. item 2(2)(b)).
  50. S. 50B(1)(c) repealed by No. 32/2006 s. 94(Sch. item 2(2)(c)).
  51. S. 50B(1A) inserted by No. 32/2006 s. 94(Sch. item 2(3)).
  52. S. 50B(3) substituted by No. 32/2006 s. 94(Sch. item 2(4)).
  53. S. 50B(4)(c) amended by No. 32/2006 s. 94(Sch. item 2(5)(a)).
  54. S. 50B(4)(d) amended by No. 32/2006 s. 94(Sch. item 2(5)(a)).
  55. S. 50B(5)(6) repealed by No. 32/2006 s. 94(Sch. item 2(5)(b)).
  56. S. 50B(7) amended by No. 32/2006 s. 94(Sch. item 2(5)(c)).
  57. S. 50C inserted by No. 103/2004 s. 79.
  58. S. 50C(1) amended by No. 17/2007 s. 36(Sch. item 1.1).
  59. S. 50C(1A) inserted by No. 17/2007 s. 36(Sch. item 1.2).
  60. S. 50C(2)(b) amended by No. 17/2007 s. 36(Sch. item 1.3).
  61. S. 51(1) amended by No. 57/1997 s. 33(4).
  62. S. 51(4) inserted by No. 10236 s. 7(1).
  63. S. 51(5) inserted by No. 10236 s. 7(1).
  64. S. 51(6) inserted by No. 10236 s. 7(1).
  65. S. 52 amended by No. 57/1997 s. 33(5).
  66. S. 53 amended by No. 9761 s. 3, substituted by No. 69/1987 s. 11, amended by No. 14/1995 s. 4, substituted by No. 44/2001 s. 3(Sch. item 7.6).
  67. S. 53(2)(a) substituted by No. 9/2002 s. 3(Sch. item 1).
  68. S. 53A inserted by No. 9940 s. 3.
  69. S. 54(2)(a) amended by No. 57/1997 s. 33(6).
  70. S. 54(2)(aa) inserted by No. 69/1987 s. 12(1).
  71. S. 54(2)(ab) inserted by No. 69/1987 s. 12(1).
  72. S. 54(2)(ac) inserted by No. 69/1987 s. 12(1), substituted by No. 57/1997 s. 33(7).
  73. S. 54(2)(ad) inserted by No. 69/1987 s. 12(1).
  74. S. 54(2)(ad)(i) repealed by No. 32/2006 s. 94(Sch. item 2(6)).
  75. S. 54(2)(b) substituted by No. 57/1997 s. 34(1).
  76. S. 54(2)(ba) inserted by No. 57/1997 s. 34(1).
  77. S. 54(2)(bb) inserted by No. 57/1997 s. 34(1).
  78. S. 54(2)(bc) inserted by No. 35/2000 s. 11.
  79. S. 54(2)(d) amended by Nos 14/1995 s. 6(a), 57/1997 s. 33(6).
  80. S. 54(3) inserted by No. 69/1987 s. 12(2).
  81. S. 54(3)(b) amended by No. 57/1997 s. 34(2).
  82. S. 54(3)(c) inserted by No. 57/1997 s. 34(2).
  83. S. 54(4) inserted by No. 69/1987 s. 12(2), amended by No. 57/1997 s. 34(3).
  84. S. 55 inserted by No. 8/2003 s. 20.
  85. Pt 10 (Heading and s. 55) repealed by No. 14/1995 s. 6(b).