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This is a Bill, not an Act. For current law, see the Acts databases.


ASSOCIATIONS INCORPORATION BILL 2006

                      Western Australia


 DRAFT BILL FOR PUBLIC COMMENT
 The Government proposes to introduce into Parliament a
     Bill to provide for the incorporation and regulation
     of certain associations, to repeal the Associations
     Incorporation Act 1987 and for connected purposes.
 This draft Bill has been prepared for public comment but it
 does not necessarily represent the Government's settled
 position.


     Associations Incorporation Bill 2006

                         CONTENTS


        Part 1 -- Introductory
1.      Short title                                             2
2.      Commencement                                            2
3.      Terms used in this Act                                  2
4.      Forms may include statutory declaration                 3
5.      Restriction on use of "Incorporated"                    3
        Part 2 -- Exclusion from
             Corporations legislation
6.      Incorporated associations excluded from
        Corporations legislation                                5
7.      Exceptions to section 6                                 5
        Part 3 -- Application for
             incorporation
        Division 1 -- Eligibility
8.      General eligibility for incorporation                   7

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Associations Incorporation Bill 2006



Contents



      9.      Trading associations not eligible for incorporation     7
      10.     Regulations may declare associations to be
              ineligible                                              8
              Division 2 -- Requirements for application
      11.     Application to Commissioner                             8
      12.     Objects or purposes                                     8
      13.     Application to include certain names and addresses      9
      14.     Particulars of public officer                           9
      15.     Commissioner may require public notice of
              application to be given                                 9
      16.     Request for refusal of incorporation                   10
      17.     Change of address of incorporated association          10
              Part 4 -- Incorporation and transfer
                   of incorporation
              Division 1 -- Incorporation
      18.     Incorporation of association                           12
      19.     Time to be allowed for the operation of section 16     12
      20.     Refusal of incorporation if inappropriate or against
              public interest                                        13
      21.     Regulations may prescribe further grounds for
              refusal                                                13
      22.     Review of refusal                                      13
      23.     Cessation of incorporation                             14
      24.     When incorporation may be reinstated                   14
              Division 2 -- Effect of incorporation and
                     related matters
      25.     Effect of incorporation                                15
      26.     Powers of an incorporated association                  15
      27.     Power of incorporated association to act as trustee    16
      28.     Manner in which contracts may be made                  16
      29.     Limitation of doctrine of ultra vires                  17
      30.     Liability of officers, trustees and members            17
      31.     Authentication of documents                            17
              Division 3 -- The corporate name
              Subdivision 1 -- Name restrictions
      32.     Names that are offensive, misleading etc.              18
      33.     Regulations may provide for name restrictions          18


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34.   Review of Commissioner's decision about a name            18
      Subdivision 2 -- Conferral of name
35.   Name on incorporation                                     19
36.   Corporate name to appear on documents                     19
      Subdivision 3 -- Change of name by amendment of
            rules
37.   Commissioner's approval required                          19
38.   Criteria to be applied by Commissioner                    20
39.   Issue of new certificate of incorporation                 20
40.   Review of Commissioner's decision                         20
41.   Commissioner may require public notice of
      application to be given                                   21
42.   Request for refusal of change of name                     21
      Subdivision 4 -- Change of name by order of
            Commissioner
43.   Change of name where corporate name later
      determined to be inappropriate                            22
44.   Commissioner to give notice of intention to change
      name                                                      23
45.   Issue of new certificate of incorporation                 23
46.   Review of Commissioner's proposal                         23
      Subdivision 5 -- Savings and other provisions on
            change of name
47.   Corporate identity and other matters are not
      affected                                                  24
      Division 4 -- Transfer of incorporation
48.   Definition                                                25
49.   Incorporated association may apply for
      incorporation under another law                           25
50.   Commissioner may direct an incorporated
      association to apply for incorporation under
      another law                                               25
51.   Commissioner to give notice of intention                  26
52.   Review of proposed direction or amendment                 27
53.   Association to comply with direction                      27
54.   Cancellation of incorporation under this Act              28
55.   Provisions about the transition to incorporation
      under another law                                         28



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Contents



              Part 5 -- Rules of incorporated
                   associations
              Division 1 -- Effect of rules
      56.     Effect stated                                      30
              Division 2 -- Content of rules
      57.     General requirements for content of rules          30
      58.     Restriction on distribution of surplus property    30
              Division 3 -- Model rules and rules of existing
                    incorporated associations
      59.     Model rules                                        31
      60.     Automatic application of model rules               31
      61.     Rules of associations existing at the
              commencement of this Act                           32
      62.     Copy of rules to be kept                           33
              Division 4 -- Amendment of rules
      63.     Amendment of rules                                 33
      64.     Commissioner to be notified of amendments          33
      65.     Amendment of objects or purposes of incorporated
              association                                        34
      66.     Commissioner may require public notice of
              application under section 65                       35
      67.     Request for refusal of change of name              35
              Division 5 -- Provision of rules to members
      68.     Inspection by members                              36
      69.     When member to receive copy of rules               36
              Part 6 -- Management of
                   incorporated associations
              Division 1 -- Management committee
      70.     Management of incorporated association             37
      71.     Duty of committee members to secure compliance
              by association                                     37
      72.     Handing over of documents and records when
              membership of committee ceases                     37
              Division 2 -- Pecuniary interest of committee
                    member in contract
      73.     Definition                                         38

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                                                            Contents



74.   Disclosure of interest                                   38
75.   Effect of disclosure                                     39
76.   Voting on a contract in which a committee member
      has a relevant interest                                  39
      Division 3 -- Public officer
77.   Incorporated association to have a public officer        40
78.   Requirements for holding office                          40
79.   Vacancy in office                                        41
80.   Commissioner to be notified of appointment               41
81.   Role of public officer in service of documents on
      incorporated association                                 42
82.   Public officer to refer documents to the
      management committee                                     42
83.   Handing over of documents and records where
      person has ceased to be the public officer               43
      Division 4 -- Annual general meeting
84.   Annual general meeting                                   44
      Division 5 -- Special resolutions
85.   Requirements for special resolution                      44
86.   Notice to be given                                       45
87.   Commissioner may determine other requirements            45
88.   Evidence of passing of resolution                        46
      Division 6 -- Register of members
89.   Register to be maintained                                46
90.   Inspection of register by member                         46
91.   Commissioner may request copy of register                47
92.   Member may apply for copy of register                    47
93.   Improper use of information in register                  48
      Division 7 -- Record of office holders
94.   Record of office holders                                 48
95.   Inspection of record by member                           49
96.   Member may request a copy of record                      49
97.   Improper use of information                              50
98.   Commissioner may ask apparent office holders to
      provide information                                      50




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Contents



              Part 7 -- Accounts and audit
              Division 1 -- Preliminary
      99.     Terms used in this Part                                  52
              Division 2 -- Accounts
      100.    Keeping of accounting records                            53
      101.    Retention of accounting records                          54
      102.    When annual financial statements to be prepared          54
      103.    Financial statements to give true and fair account       54
      104.    Presentation of financial statements and solvency
              statement at annual general meeting                      55
      105.    Information to be provided by annual return              56
      106.    Lodgment of annual return with Commissioner              57
              Division 3 -- Audit
              Subdivision 1 -- Auditors, qualifications and
                    eligibility for appointment
      107.    Audit of tier 1 incorporated association                 57
      108.    Report of auditor of tier 1 incorporated association     58
      109.    Audit of tier 2 incorporated association                 58
      110.    Audit of tier 3 incorporated association                 59
      111.    Restrictions on persons who may audit certain
              financial statements                                     60
              Subdivision 2 -- Provisions relating to auditors of all
                    incorporated associations
      112.    Access to records                                        60
      113.    Entitlement to information                               60
      114.    Breaches of Act and rules to be noted in report          61
      115.    Offences in relation to auditor                          61
      116.    Protection of auditor                                    61
              Subdivision 3 -- Powers and duties of auditors of
                    tier 2 and tier 3 incorporated associations
      117.    Terms used in this Subdivision                           62
      118.    Auditor to report on financial statements etc.           62
      119.    Report to state whether statements properly drawn
              up                                                       63
      120.    Position where Australian Accounting Standards
              not complied with                                        63
      121.    Report to identify material defects and omissions        64



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122.   Report to cover adequacy of information and
       record keeping                                              64
123.   Auditor may attend general meeting and be heard             64
124.   Reporting of breaches of this Act to the
       Commissioner                                                65
125.   Removal of auditor to be reported                           65
126.   Payment of auditor                                          66
       Subdivision 4 -- Special audits of financial affairs of
             incorporated association
127.   Commissioner may require special audit to be
       carried out                                                 66
       Part 8 -- Amalgamation of
            incorporated associations
128.   Meaning of "new body"                                       68
129.   Application for incorporation of body formed by
       amalgamation                                                68
130.   What is to be included in the application                   68
131.   Incorporation of the new body                               69
132.   Review of decision to refuse application                    70
133.   Vesting of property and liabilities in new body             70
       Part 9 -- Winding up and
            cancellation of incorporation
       Division 1 -- Preliminary
134.   Terms used in this Part                                     71
135.   Object of this Part                                         71
136.   Modifications of applied text of Corporations Act           72
       Division 2 -- Voluntary winding up of
             incorporated association that has
             property to be distributed
       Subdivision 1 -- Requirements for voluntary
             winding up
137.   When voluntary winding up may occur                         72
138.   Notice to be given to the Commissioner                      72
139.   Cancellation of incorporation                               73
140.   Corporations Act may be applied by the
       regulations                                                 74


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Contents



              Subdivision 2 -- Distribution of surplus property on
                    voluntary winding up
      141.    Application of this Subdivision                       74
      142.    Duty of association                                   74
      143.    Content and operation of distribution plan            74
      144.    Position where conditions attached to grant           75
      145.    Approval of distribution plan                         75
      146.    If necessary Commissioner may determine
              contents of plan                                      76
      147.    Time limit for implementation of plan                 76
      148.    Review of Commissioner's decision                     76
      149.    Reporting to Commissioner                             77
              Subdivision 3 -- Powers of Commissioner on default
                    under Subdivision 2
      150.    Grounds on which Commissioner may act                 78
      151.    Commissioner may require association to show
              cause                                                 78
      152.    How association may show cause                        78
      153.    Review of Commissioner's proposal                     79
      154.    Making of declaration by the Commissioner             79
      155.    Effect of declaration                                 79
      156.    Distribution of surplus property under this
              Subdivision                                           80
      157.    Cancellation of incorporation                         81
              Division 3 -- Cancellation of incorporation on
                     application by association that has no
                     debts or surplus property
      158.    Application for cancellation                          81
      159.    Content of application                                82
      160.    Commissioner may grant application                    82
      161.    Review of decision to refuse application              83
      162.    Liabilities not affected                              83
              Division 4 -- Winding up by the Supreme
                     Court
      163.    Grounds on which winding up may be ordered            83
      164.    By whom application may be made                       83
      165.    Application of Corporations Act                       84
      166.    Cancellation of incorporation                         84



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                                                              Contents



       Part 10 -- Certain remedial measures
            available to the Commissioner
       Division 1 -- Cancellation of incorporation by
             the Commissioner on certain grounds
167.   Grounds on which Commissioner may act                     85
168.   Commissioner may require association to show
       cause                                                     86
169.   How association may show cause                            86
170.   Cancellation of incorporation                             86
171.   Powers of Commissioner in respect of property             87
172.   Review of Commissioner's proposal to cancel
       incorporation                                             87
       Division 2 -- Direction by Commissioner to
             transfer undertaking
173.   Commissioner may direct an incorporated
       association to transfer its undertaking to another
       body corporate                                            88
174.   Commissioner to give notice of intention                  89
175.   Review of proposed direction or amendment                 89
176.   Association to comply with direction                      90
177.   Power of Commissioner if association fails to
       comply with direction                                     90
178.   Effect of order                                           91
179.   Cancellation of incorporation under this Act              92
       Division 3 -- Direction by Commissioner to
             convene general meeting
180.   Commissioner may direct that general meeting be
       convened                                                  93
181.   Review of direction                                       94
182.   Rights of Commissioner or a delegate at meeting
       convened under this Division                              94
       Division 4 -- Appointment of statutory
             manager
183.   Commissioner may appoint statutory manager                95
184.   Statutory manager has functions of management
       committee                                                 95
185.   Duration of appointment                                   96
186.   Prerequisites to revocation of appointment                96

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Contents



     187.     Statutory manager to report to the Commissioner        97
     188.     Remuneration and expenses of statutory manager         98
     189.     Liability of statutory manager                         99
     190.     Additional powers of Commissioner                      99
     191.     Proceedings against association stayed                100
              Part 11 -- Administration
              Division 1 -- General
     192.     Commissioner                                          102
     193.     Delegation by Commissioner                            102
     194.     Regulations for the obtaining of information by the
              Commissioner                                          103
     195.     Information officially obtained to be confidential    103
     196.     Protection from liability for wrongdoing              104
     197.     Judicial notice                                       104
     198.     Evidentiary provisions                                104
              Division 2 -- Lodgment of documents with
                     Commissioner
     199.     Keeping of documents by Commissioner                  105
     200.     Destruction of documents by Commissioner              106
     201.     Inspection etc. of documents                          106
     202.     Commissioner's certification of document              106
     203.     No constructive notice of contents of documents       107
              Division 3 -- Powers of investigation
     204.     Terms used in this Division                           107
     205.     Authorised officers                                   108
     206.     Commissioner may require certain persons to
              appear, answer questions and produce records          108
     207.     Powers of entry, search and seizure                   110
     208.     Issue of search warrant                               111
     209.     Execution of search warrant                           112
     210.     Powers of authorised officers concerning records      113
     211.     Failure to comply with a requirement and related
              provisions                                            113
     212.     Legal professional privilege                          113
     213.     Self incrimination                                    114
     214.     Persons assisting an authorised officer               114
              Division 4 -- Infringement notices
     215.     Terms used in this Division                           114

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                                                              Contents



216.   Prescribed offences                                      115
217.   Modified penalties                                       115
218.   Giving of notice                                         115
219.   Contents of notice                                       115
220.   Extension of time                                        116
221.   Withdrawal of notice                                     116
222.   Benefit of paying modified penalty                       116
223.   No admission implied by payment                          117
224.   Application of penalties collected                       117
225.   Designation of authorised officers                       117
       Part 12 -- Miscellaneous
226.   Jurisdiction of State Administrative Tribunal in
       respect of disputes                                      119
227.   False or misleading statements in documents              119
228.   Time limit for prosecutions                              120
229.   Payment of fees on lodging documents                     120
230.   Regulations                                              120
231.   Repeal                                                   120
232.   Consequential amendments                                 121
       Schedule 1 -- Some circumstances
           that do not make an association
           ineligible for incorporation
       Schedule 2 -- Vesting of property
           and liabilities on incorporation
1.     Terms used in this Schedule                              124
2.     Transfer of assets and liabilities and related
       provisions                                               124
3.     Trusts etc. not affected                                 125
4.     Notation of registers                                    125




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Associations Incorporation Bill 2006



Contents



              Schedule 3 -- Content of rules of an
                  incorporated association
              Division 1 -- Matters to be provided for in rules
              Division 2 -- Particular requirements for
                    certain rules
      1.      Number of members who may call a general
              meeting                                             128
      2.      Financial year of associations incorporated under
              this Act                                            128
      3.      Transitional provisions as to financial year of
              associations incorporated under a repealed Act      128
              Schedule 4 -- Modifications to text of
                  Parts 5.4 to 5.8 of
                  the Corporations Act
              Schedule 5 -- Grounds on which an
                  incorporated association may be
                  wound up by the Supreme Court
              Schedule 6 -- Transitional provisions
              Division 1 -- Preliminary
      1.      Interpretation                                      133
              Division 2 -- Existing incorporated associations
      2.      Incorporation continued                             133
      3.      Committee of existing association                   133
              Division 3 -- Continuation of certain matters in
                     progress
      4.      Existing applications for incorporation             133
      5.      Rule alteration in progress                         134
      6.      Applications under repealed section 18 or 19        134
      7.      Applications for extension of time under repealed
              section 23(1)                                       135
      8.      Applications for review made but not determined     135
      9.      Voluntary winding up in progress                    135
      10.     Notice given under repealed section 34(1)           136


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                                                               Contents



11.   Notice given under repealed section 35                    136
      Division 4 -- Amendment of rules by existing
             incorporated associations and associations
             to which clause 4(3) applies
12.   Amendment of rules                                        136
13.   Rules of existing incorporated associations to
      which repealed Schedule 2 clause 4 applied                137
14.   Amendments may be made by management
      committee                                                 137
15.   Liability of incorporated association if rules are not
      made compliant                                            138
16.   Act modifications pending amendment of rules              139
      Division 5 -- Other things to be done by
             existing incorporated associations and
             associations to which clause 4(3) applies
17.   Notification of address                                   139
18.   Appointment of public officer                             140
19.   Keeping of register of members                            140
      Division 6 -- Other provisions
20.   When accounts and audit provisions start to apply
      to existing incorporated associations                     141
21.   Property vested under repealed section 36                 141
22.   Constructive notice under section 189 of this Act         141
23.   Time limit under section 214 of this Act                  142
24.   References in written laws                                142
      Division 7 -- Further provision may be made
25.   Regulations                                               142
      Schedule 7 -- Consequential
          amendments
1.    Children and Community Services Act 2004
      amended                                                   144
2.    Criminal Procedure Act 2004 amended                       144
3.    Education Service Providers (Full Fee Overseas
      Students) Registration Act 1991 amended                   144
4.    Hale School Act 1876 amended                              145
5.    Law Society Public Purposes Trust Act 1985
      amended                                                   145


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Contents



      6.      Liquor Licensing Act 1988 amended                 145
      7.      School Education Act 1999 amended                 146
      8.      Taxation Administration Act 2003 amended          146
      9.      Volunteers (Protection from Liability) Act 2002
              amended                                           147
      10.     References to "1895" amended to "2006" in
              various Acts                                      147
      11.     References to "1987" amended to "2006" in
              various Acts                                      148
              Defined Terms




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                           Western Australia




         Associations Incorporation Bill 2006


                    A draft for public comment of
                              A Bill for


An Act to provide for the incorporation and regulation of certain
associations, to repeal the Associations Incorporation Act 1987 and
for connected purposes.



The Parliament of Western Australia enacts as follows:




                                                                page 1
                         [Draft Bill for public comment]
     Associations Incorporation Bill 2006
     Part 1          Introductory

     s. 1



                            Part 1 -- Introductory
     1.       Short title
              This is the Associations Incorporation Act 2006.

     2.       Commencement
 5            This Act comes into operation on a day to be fixed by
              proclamation.

     3.       Terms used in this Act
              In this Act, unless the contrary intention appears --
              "a repealed Act" means --
10                 (a) the Associations Incorporation Act 1987 repealed by
                          section 231; or
                   (b) the Associations Incorporation Act 1895 repealed by
                          section 47 of the Act mentioned in paragraph (a);
              "amend", in relation to the rules of an incorporated association,
15                 means replace, in whole or in part, add to or vary;
              "annual general meeting" has the meaning given by
                   section 84(1);
              "approved", in relation to a form, means approved by the
                   Commissioner for the purposes of the provision in which
20                 the term appears;
              "association" includes society, club, institution or body;
              "Commissioner" means the person for the time being
                   designated as the Commissioner under section 192;
              "Department" means the department of the Public Service
25                 principally assisting in the administration of this Act;
              "financial year" means the period provided for by or under
                   Schedule 3 Division 2 item 2 or 3;
              "incorporated association" means an association that is, or is
                   taken to be, incorporated under this Act;

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                                            Associations Incorporation Bill 2006
                                                     Introductory         Part 1

                                                                            s. 4



          "liability" means any liability, duty or obligation whether
               actual, contingent or prospective, liquidated or
               unliquidated, and whether owed alone or jointly or jointly
               and severally with any other person;
 5        "management committee", in relation to an incorporated
               association, means the management committee provided
               for by the rules of the association as required by Schedule 3
               Division 1 item 5;
          "officer" means a member of the management committee of an
10             incorporated association;
          "property" means any legal or equitable estate or interest in, or
               claim to, real or personal property of any description,
               whether present or future and whether vested or contingent,
               and includes --
15             (a) a thing in action; and
               (b) money;
          "public officer" means the person for the time being named or
               appointed to be the public officer of an incorporated
               association for the purposes of section 77(1);
20        "special resolution" means a resolution of an incorporated
               association passed in accordance with Part 6 Division 5;
          "the repealed Act" means the Associations Incorporation
               Act 1987 repealed by section 231.

     4.   Forms may include statutory declaration
25        A form approved by the Commissioner for the purposes of this
          Act may require that information or documents included in,
          attached to or given with the form be verified by a statutory
          declaration.

     5.   Restriction on use of "Incorporated"
30        A person must not carry on business or enter into a contract
          under any name or title of which "Incorporated" or any


                                                                         page 3
                           [Draft Bill for public comment]
Associations Incorporation Bill 2006
Part 1          Introductory

s. 5



         abbreviation of that word is the final word or abbreviation
         unless the person is, or is taken to be, incorporated under this
         Act or some other law.
         Penalty: a fine of $10 000.




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                                             Associations Incorporation Bill 2006
                             Exclusion from Corporations legislation       Part 2

                                                                               s. 6



          Part 2 -- Exclusion from Corporations legislation
     6.         Incorporated associations excluded from Corporations
                legislation
                The following matters are declared to be excluded matters for
 5              the purposes of section 5F of the Corporations Act 2001 of the
                Commonwealth in relation to the whole of the Corporations
                legislation to which Part 1.1A of that Act applies, other than the
                provisions specified in section 7 --
                  (a) an incorporated association;
10                (b) any act or omission of any person, body or other entity
                         in relation to an incorporated association.

     7.         Exceptions to section 6
          (1)   The provisions referred to in section 6 are --
                 (a) provisions that relate to any matter that the regulations
15                     provide is not to be excluded from the operation of the
                       Corporations legislation; and
                 (b) provisions that relate to registration as a company under
                       Chapter 5B to the extent that an incorporated association
                       is authorised or required under Part 4 Division 4 of this
20                     Act to become registered as a company under that
                       Chapter; and
                 (c) provisions that relate to the role of an incorporated
                       association in the formation of a company; and
                 (d) provisions that relate to substantial holdings, by or
25                     involving an incorporated association, in a company;
                       and
                 (e) provisions that confer or impose functions on an
                       incorporated association as a member, or former
                       member, of a corporation; and




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     Associations Incorporation Bill 2006
     Part 2          Exclusion from Corporations legislation

     s. 7



                 (f)   provisions that relate to dealings by an incorporated
                       association in securities of a body corporate, other than
                       securities of the incorporated association itself; and
                (g)    provisions that confer or impose functions on an
 5                     incorporated association in its dealings with a
                       corporation, not being dealings in securities of the
                       incorporated association; and
                (h)    provisions that relate to securities of an incorporated
                       association, other than debentures of or deposits with an
10                     incorporated association; and
                 (i)   provisions relating to financial markets and participants
                       in financial markets; and
                 (j)   provisions relating to financial services licensees whose
                       licence covers dealing in, or providing advice about,
15                     financial products; and
                (k)    provisions relating to carrying on a financial services
                       business; and
                 (l)   provisions relating to financial statements, and audit of
                       financial statements, of financial services licensees
20                     whose licence covers dealing in, or providing advice
                       about, financial products; and
               (m)     provisions relating to clients of financial services
                       licensees whose licence covers dealing in, or providing
                       advice about, financial products; and
25              (n)    provisions relating to registers of interests in financial
                       products.
        (2)   The provisions specified in subsection (1) only apply to an
              incorporated association to the extent to which an incorporated
              association may engage in the activities covered by those
30            provisions.




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                                               Associations Incorporation Bill 2006
                                         Application for incorporation       Part 3
                                                             Eligibility Division 1
                                                                                s. 8



                 Part 3 -- Application for incorporation
                              Division 1 -- Eligibility
     8.         General eligibility for incorporation
          (1)   Without limiting section 20(1) or 21, an association is eligible to
 5              be incorporated under this Act if --
                  (a) it is formed and carried on for one or more lawful
                       purposes; and
                  (b) it has 6 or more members who under its rules have the
                       right to vote at its general meetings either in person or
10                     by proxy or postal vote; and
                  (c) it is not excluded by section 9 or regulations made for
                       the purposes of section 10.
          (2)   The incorporation of an association under this Act is valid even
                if the association was not eligible to be so incorporated.

15   9.         Trading associations not eligible for incorporation
          (1)   An association is not eligible to be incorporated under this Act
                if it is formed or carried on for the purpose of --
                   (a) trading; or
                  (b) securing pecuniary profit for its members from its
20                        transactions.
          (2)   For the purposes of subsection (1)(b) a pecuniary profit that by
                reason of a person's membership of an association is received
                by any other person is taken to be a pecuniary profit to the
                member by reason of the person's membership of that
25              association.
          (3)   Schedule 1 sets out some circumstances that do not make an
                association ineligible under subsection (1).




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     Part 3          Application for incorporation
     Division 2      Requirements for application
     s. 10



     10.         Regulations may declare associations to be ineligible
                 An association is not eligible to be incorporated under this Act
                 if it is an association that is --
                    (a) prescribed for the purposes of this section; or
 5                 (b) a member of a class of associations that is so prescribed.

                    Division 2 -- Requirements for application
     11.         Application to Commissioner
           (1)   An application for the incorporation of an association must be
                 made to the Commissioner in the approved form by a person
10               duly authorised by the association to apply for incorporation.
           (2)   An application must --
                  (a) state the name of the association; and
                  (b) specify its address (which may be the same as the
                        residential address of the public officer); and
15                (c) comply with the other requirements of this Division and
                        such other requirements as may be prescribed for the
                        purposes of this paragraph.
           (3)   An application must include a certificate given by the applicant
                 that the applicant is authorised by the association to apply for
20               incorporation.
           (4)   The applicant must provide the Commissioner with such
                 information and documents as the Commissioner may in writing
                 request.

     12.         Objects or purposes
25         (1)   An application must set out the objects or purposes of the
                 association.




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                                                                               s. 13



           (2)   The objects or purposes must include a provision in, or
                 substantially in, the following terms --
                        The property and income of the association must be
                        applied solely towards the promotion of the objects or
 5                      purposes of the association and no part of that property
                        or income may be paid or otherwise distributed, directly
                        or indirectly, to any member of the association, except
                        in good faith in the promotion of those objects or
                        purposes.

10   13.         Application to include certain names and addresses
                 An application must include a statement --
                  (a) showing the full names and addresses of at least
                        6 members of the association who under its rules have
                        the right to vote at its general meetings either in person
15                      or by proxy or postal vote; and
                  (b) containing the signatures of each of those members.

     14.         Particulars of public officer
                 An application must --
                  (a) give the name and the residential and postal addresses
20                      (which may be the same) of the person who is to be the
                        first public officer of the association; and
                  (b) show that the person named meets the requirements of
                        section 78(1) and has consented to being the public
                        officer.

25   15.         Commissioner may require public notice of application
                 to be given
           (1)   The Commissioner may in writing require an applicant under
                 section 11 to give public notice of the application --
                   (a) by advertisement in a manner determined by the
30                       Commissioner; or


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     Division 2      Requirements for application
     s. 16



                  (b)    in some other way that the Commissioner thinks
                         appropriate,
                 or by notification under both of those paragraphs.
           (2)   For the purposes of section 16, the applicant must include in the
 5               public notice a statement in wording approved by the
                 Commissioner showing --
                   (a) that a written request, including the reasons for the
                         request, may be given to the Commissioner by any
                         person under section 16; and
10                (b) the period within which any request is to be received by
                         the Commissioner.

     16.         Request for refusal of incorporation
           (1)   Where public notice is given under section 15 in respect of an
                 association, any person may, in accordance with the terms of the
15               notice, request the Commissioner to decline to incorporate the
                 association under this Act.
           (2)   A request under subsection (1) must include the reasons for the
                 request.
           (3)   If the Commissioner refuses a request made under
20               subsection (1), the person who made the request may apply to
                 the State Administrative Tribunal for a review of the decision of
                 the Commissioner.
           (4)   An application under subsection (3) must be made within --
                  (a) 28 days; or
25                (b) such other period as is prescribed,
                 after the person receives notice of the refusal.

     17.         Change of address of incorporated association
                 If an incorporated association changes its address --
                    (a) as specified under section 11(2) or 130(1)(b); or

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                            Requirements for application   Division 2
                                                                  s. 17



     (b)   as notified under Schedule 6 clause 17; or
     (c)   as previously notified under this section,
    the public officer of the association must, within 14 days after
    the change occurs, give notice of the change to the
5   Commissioner.
    Penalty: a fine of $1 000.




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     Part 4          Incorporation and transfer of incorporation
     Division 1      Incorporation
     s. 18



      Part 4 -- Incorporation and transfer of incorporation
                            Division 1 -- Incorporation
     18.         Incorporation of association
                 If, on an application made in accordance with Part 3, the
 5               Commissioner is of the opinion that --
                    (a) the association is eligible to be incorporated under
                         this Act; and
                   (b) the name of the association is appropriate having regard
                         to section 32 and regulations made for the purposes of
10                       section 33; and
                    (c) there is no reason why the application should be refused
                         under section 20 or regulations made for the purposes of
                         section 21,
                 the Commissioner must, subject to this Division, incorporate the
15               association by the issue to the association of a certificate of
                 incorporation in the approved form.

     19.         Time to be allowed for the operation of section 16
           (1)   The Commissioner is not to incorporate an association until --
                  (a) the time during which any request might be made under
20                     section 16 has expired; and
                  (b) any request made under that section has been finally
                       refused.
           (2)   For the purposes of subsection (1) a request under section 16
                 has been finally refused if the request is refused by the
25               Commissioner and either --
                   (a) the time for making an application for review under
                         section 16(3) has expired without such an application
                         being made; or



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                           Incorporation and transfer of incorporation        Part 4
                                                         Incorporation   Division 1
                                                                                s. 20



                  (b)   any application for review made under section 16(3) --
                          (i) has resulted in the Commissioner's refusal being
                               confirmed; or
                         (ii) has been dismissed or struck out.

 5   20.         Refusal of incorporation if inappropriate or against public
                 interest
           (1)   The Commissioner must not incorporate an association if in the
                 Commissioner's opinion --
                  (a) it is more appropriate for the activities of the association
10                     to be carried on by a body corporate incorporated under
                       some other law; or
                  (b) the incorporation of the association is against the public
                       interest.
           (2)   The grounds on which the Commissioner may form the opinion
15               that subsection (1)(a) or (b) applies include without
                 limitation --
                   (a) the likely scale or nature of the activities of the
                         association; or
                   (b) the likely value or nature of the property of the
20                       association; or
                   (c) the extent or nature of the dealings which the association
                         is likely to have with the public.

     21.         Regulations may prescribe further grounds for refusal
                 The Commissioner may also refuse an application for
25               incorporation on any ground prescribed for the purposes of this
                 section.

     22.         Review of refusal
           (1)   If the Commissioner refuses an application for incorporation
                 under section 20 or regulations made for the purposes of


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     Part 4          Incorporation and transfer of incorporation
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     s. 23



                 section 21 the applicant may apply to the State Administrative
                 Tribunal for a review of the decision of the Commissioner.
           (2)   An application under subsection (1) must be made within --
                  (a) 28 days; or
 5                (b) such other period as is prescribed,
                 after the person receives notice of the refusal.

     23.         Cessation of incorporation
                 An incorporated association ceases to be incorporated under this
                 Act --
10                (a) on the automatic cancellation of the association's
                        incorporation by operation of section 54(1) or 131(3); or
                  (b) on the day specified by the Commissioner in an
                        instrument of cancellation made in respect of the
                        association under section 139(1), 157(1), 160(1), 166(1)
15                      or 179(2) or Schedule 6 clause 9(3); or
                  (c) if section 170 applies, on the day provided for by
                        section 170(3).

     24.         When incorporation may be reinstated
           (1)   This section applies if the Commissioner is satisfied that the
20               incorporation of an association was cancelled under a provision
                 mentioned in section 23(b) or (c) --
                   (a) as a result of an error; or
                   (b) as a result of a fraud by a member of the association; or
                   (c) for the avoidance of a liability arising from an act,
25                      matter or circumstance that occurred during the time
                        when the association was incorporated.
           (2)   Where this section applies, the Commissioner may, by
                 instrument published in the Gazette, reinstate the incorporation
                 of the association.


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                           Incorporation and transfer of incorporation         Part 4
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                                                                                 s. 25



           (3)   If the Commissioner exercises the power conferred by
                 subsection (2) in respect of an association, the incorporation of
                 the association is taken to have continued as if it had not been
                 cancelled.

 5         Division 2 -- Effect of incorporation and related matters
     25.         Effect of incorporation
           (1)   On the incorporation of an association under this Act, the
                 association --
                   (a) becomes a body corporate with perpetual succession and
10                       a common seal; and
                   (b) may sue or be sued in its corporate name.
           (2)   Schedule 2 has effect in relation to an association on its
                 incorporation.

     26.         Powers of an incorporated association
15               Subject to this Act and to its rules, an incorporated association
                 may do all things necessary or convenient for carrying out its
                 objects or purposes, and in particular, may --
                   (a) acquire, hold, deal with, and dispose of any property;
                         and
20                (b) open and operate bank accounts; and
                   (c) invest its money --
                           (i) as trust funds may be invested under Part III of
                                 the Trustees Act 1962; or
                          (ii) in any other manner authorised by the rules of
25                               the association;
                         and
                  (d) borrow money on such terms and conditions as the
                         association thinks fit; and



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     s. 27



                   (e)   give such security for the discharge of liabilities
                         incurred by the association as the association thinks fit;
                         and
                   (f)   appoint agents to transact any business of the association
 5                       on its behalf; and
                  (g)    enter into any other contract it considers necessary or
                         desirable.

     27.         Power of incorporated association to act as trustee
                 An incorporated association may, unless its rules otherwise
10               provide, act as trustee and accept and hold property on trust, but
                 an incorporated association does not have power to do any act
                 or thing as a trustee that, if done otherwise than as a trustee,
                 would contravene this Act or the rules of the association.

     28.         Manner in which contracts may be made
15         (1)   Contracts may be made by or on behalf of an incorporated
                 association as follows --
                   (a) a contract which, if made between natural persons,
                         would be required to be in writing under seal may be
                         made by the incorporated association under its common
20                       seal;
                   (b) a contract which, if made between natural persons,
                         would be required to be in writing signed by the parties
                         may be made on behalf of the association in writing by
                         any person acting under its express or implied authority;
25                 (c) a contract which, if made between natural persons,
                         would be valid although not in writing signed by the
                         parties may be made orally on behalf of the association
                         by any person acting under its express or implied
                         authority.
30         (2)   A contract may be varied or rescinded by or on behalf of an
                 incorporated association in the same manner as it is authorised
                 to be made.

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                           Incorporation and transfer of incorporation         Part 4
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                                                                                 s. 29



     29.         Limitation of doctrine of ultra vires
           (1)   A contract made with an incorporated association is not invalid
                 by reason of any deficiency in the legal capacity of the
                 association to enter into, or carry out, the contract unless the
 5               person contracting with the association has actual notice of the
                 deficiency.
           (2)   An incorporated association that enters into a contract that
                 would, but for subsection (1), be invalid may carry out the
                 contract.
10         (3)   This section does not prejudice an action by a member of an
                 incorporated association to restrain the association from
                 entering into a transaction that is beyond the powers of the
                 association.

     30.         Liability of officers, trustees and members
15         (1)   An officer, trustee or a member of an incorporated association is
                 not by reason only of being such an officer, trustee or member
                 liable in respect of the liabilities of the association.
           (2)   Subsection (1) does not apply in respect of liabilities incurred
                 by or on behalf of the association before its incorporation.

20   31.         Authentication of documents
                 A document or proceeding requiring authentication by an
                 incorporated association may be authenticated by the signature
                 of the public officer of the association and need not be
                 authenticated under the common seal of the association.




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     Part 4          Incorporation and transfer of incorporation
     Division 3      The corporate name
     s. 32



                         Division 3 -- The corporate name
                          Subdivision 1 -- Name restrictions

     32.         Names that are offensive, misleading etc.
                 An incorporated association cannot have a name that in the
 5               opinion of the Commissioner is --
                   (a) offensive, undesirable or otherwise unacceptable; or
                  (b) likely to mislead the public as to the objects or purposes
                        of the association; or
                   (c) identical with the name of an association that is, or is
10                      taken to be, incorporated under this Act and is in
                        existence at the relevant time; or
                  (d) resembles the name of an association referred to in
                        paragraph (c) in a manner that is likely to mislead the
                        public; or
15                 (e) identical to, or likely to be confused with, the name of
                        any other body corporate or any registered business
                        name.

     33.         Regulations may provide for name restrictions
                 An incorporated association cannot have --
20                (a) a name that is prescribed for the purposes of this section;
                        or
                  (b) a name of a kind that is so prescribed.

     34.         Review of Commissioner's decision about a name
           (1)   If the Commissioner refuses to incorporate an association
25               because the proposed name would, in the Commissioner's
                 opinion, not be appropriate having regard to section 32 or
                 regulations made for the purposes of section 33, the applicant
                 for incorporation may apply to the State Administrative
                 Tribunal for a review of the decision of the Commissioner.


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                             Incorporation and transfer of incorporation        Part 4
                                                   The corporate name      Division 3
                                                                                  s. 35



           (2)     An application under subsection (1) must be made within --
                    (a) 28 days; or
                    (b) such other period as is prescribed,
                   after the applicant receives notice of the refusal.

 5                          Subdivision 2 -- Conferral of name

     35.           Name on incorporation
                   On the incorporation of an association under this Act, its
                   corporate name is the name of the association as stated in the
                   certificate of incorporation, concluding with the word
10                 "Incorporated" or the abbreviation "Inc.".

     36.           Corporate name to appear on documents
           (1)     An incorporated association must ensure that a document
                   endorsed or issued by the association (including advertising
                   material) contains in legible characters the corporate name of
15                 the association including the word "Incorporated" or the
                   abbreviation "Inc." as provided for by section 35.
           (2)     Subsection (1) applies whether or not the name of the
                   association as stated in the certificate of incorporation concludes
                   with the word "Incorporated" or the abbreviation "Inc.".

20               Subdivision 3 -- Change of name by amendment of rules

     37.           Commissioner's approval required
           (1)     An amendment to the rules of an incorporated association that
                   changes the name of the association does not take effect until
                   the approval of the Commissioner is given to the change.
25         (2)     An application for the Commissioner's approval under
                   subsection (1) must be included in the notice lodged under
                   section 64(1) by the public officer of the incorporated
                   association.


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     s. 38



     38.         Criteria to be applied by Commissioner
                 The Commissioner is not to approve a change of name unless
                 the Commissioner is of the opinion that the proposed name is
                 appropriate having regard to section 32 and regulations made
 5               for the purposes of section 33.

     39.         Issue of new certificate of incorporation
           (1)   Where the Commissioner approves a change of name, the
                 Commissioner is to issue a new certificate of incorporation in
                 the approved form showing the new name of the incorporated
10               association.
           (2)   The Commissioner must not issue a new certificate of
                 incorporation under subsection (1) unless --
                   (a) the certificate of incorporation previously issued has
                        been returned to the Commissioner; or
15                 (b) the Commissioner is satisfied that the certificate has
                        been lost or destroyed.

     40.         Review of Commissioner's decision
           (1)   If the Commissioner refuses to approve a change of name under
                 this Subdivision, the incorporated association concerned may
20               apply to the State Administrative Tribunal for a review of the
                 decision of the Commissioner.
           (2)   An application under subsection (1) must be made within --
                  (a) 28 days; or
                  (b) such other period as is prescribed,
25               after the incorporated association receives notice of the refusal.




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                                                 The corporate name      Division 3
                                                                                s. 41



     41.         Commissioner may require public notice of application
                 to be given
           (1)   The Commissioner may in writing require an applicant under
                 section 37(2) to give public notice of the application --
 5                 (a) by advertisement in a manner determined by the
                         Commissioner; or
                   (b) in some other way that the Commissioner thinks
                         appropriate,
                 or by notification under both of those paragraphs.
10         (2)   For the purposes of section 42, the applicant must include in the
                 public notice a statement in wording approved by the
                 Commissioner showing --
                   (a) that a written request, including the reasons for the
                         request, may be given to the Commissioner by any
15                       person under section 42; and
                  (b) the period within which any request is to be received by
                         the Commissioner.

     42.         Request for refusal of change of name
           (1)   Where public notice is given under section 41 in respect of a
20               change of name, any person may, in accordance with the terms
                 of the notice, request the Commissioner to decline to approve
                 the change.
           (2)   A request under subsection (1) must include the reasons for the
                 request.
25         (3)   If the Commissioner refuses a request made under
                 subsection (1), the person who made the request may apply to
                 the State Administrative Tribunal for a review of the decision of
                 the Commissioner.
           (4)   An application under subsection (3) must be made within --
30                (a) 28 days; or


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     Part 4          Incorporation and transfer of incorporation
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     s. 43



                  (b)    such other period as is prescribed,
                 after the person receives notice of the refusal.

            Subdivision 4 -- Change of name by order of Commissioner

     43.         Change of name where corporate name later determined to
 5               be inappropriate
           (1)   This section applies if an association has been incorporated
                 under this Act but the Commissioner becomes of the opinion --
                   (a) that the corporate name of the association is
                         inappropriate having regard to section 32 or regulations
10                       made for the purposes of section 33; and
                  (b) that the decision of the Commissioner under
                         section 18(b) in respect of the association was made in
                         error.
           (2)   This section also applies if an association was incorporated
15               under the repealed Act but the Commissioner becomes of the
                 opinion --
                   (a) that the corporate name of the association is
                         inappropriate having regard to section 8 of that Act; and
                  (b) the decision made under section 9(1)(c) of that Act in
20                       respect of the association was made in error.
           (3)   Subject to sections 44 and 46, the Commissioner may by order
                 served on the incorporated association --
                   (a) declare that the corporate name of the association is
                        cancelled; and
25                 (b) determine a different corporate name for the association.
           (4)   An order under subsection (3) takes effect --
                  (a) on the day on which it is served; or
                  (b) if some other day is specified in the order, on that day.



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                                                 The corporate name      Division 3
                                                                                s. 44



     44.         Commissioner to give notice of intention to change name
           (1)   Before the Commissioner serves an order on an incorporated
                 association under section 43, the Commissioner must give
                 notice in writing to the association stating --
 5                 (a) the change of name proposed by the Commissioner; and
                   (b) the grounds on which the Commissioner is proposing to
                         act; and
                   (c) that written submissions on the proposed change of
                         name may be made to the Commissioner within a
10                       specified period.
           (2)   The period specified under subsection (1)(c) is not to be less
                 than 28 days after the notice is given.
           (3)   Before the Commissioner serves an order on an incorporated
                 association under section 43 the Commissioner must have
15               regard to any submission made by the association in accordance
                 with the notice.

     45.         Issue of new certificate of incorporation
           (1)   Where an order under section 43 takes effect the Commissioner
                 is to issue a new certificate of incorporation in the approved
20               form showing the new name of the incorporated association.
           (2)   The Commissioner must not issue a new certificate of
                 incorporation under subsection (1) unless --
                   (a) the certificate of incorporation previously issued has
                        been returned to the Commissioner; or
25                 (b) the Commissioner is satisfied that the certificate has
                        been lost or destroyed.

     46.         Review of Commissioner's proposal
           (1)   An incorporated association to which notice is given under
                 section 44 may, not later than the end of the period specified


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     s. 47



                 under section 44(1)(c), apply to the State Administrative
                 Tribunal for a review of the Commissioner's proposal.
           (2)   If an application is so made, the Commissioner cannot serve an
                 order under section 43 unless --
 5                  (a) the application results in the Commissioner's proposal
                         being confirmed; or
                   (b) the application is dismissed or struck out.

       Subdivision 5 -- Savings and other provisions on change of name

     47.         Corporate identity and other matters are not affected
10         (1)   This section applies to a change of name of an incorporated
                 association that --
                   (a) is approved under Subdivision 3; or
                   (b) takes effect under Subdivision 4.
           (2)   The change of name does not affect --
15                (a) the corporate identity of the incorporated association; or
                  (b) its rights and obligations; or
                  (c) any legal proceeding by or against it.
           (3)   A reference in an agreement or instrument to the incorporated
                 association by its former name is unless the context otherwise
20               requires to be read as a reference to the incorporated association
                 by its new name.
           (4)   A legal proceeding that might have been continued or
                 commenced by or against the incorporated association in its
                 former name may be continued or commenced by or against it
25               in its new name.




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                                                                                s. 48



                      Division 4 -- Transfer of incorporation
     48.         Definition
                 In this Division --
                 "prescribed body corporate" means --
 5                    (a) a company within the meaning of the Corporations
                            Act 2001 of the Commonwealth that is taken to be
                            registered in Western Australia; or
                      (b) a body corporate under --
                               (i) some other written law of the State; or
10                            (ii) a written law of the Commonwealth,
                            that is prescribed for the purposes of this definition.

     49.         Incorporated association may apply for incorporation under
                 another law
                 An incorporated association may apply for registration or
15               incorporation as a prescribed body corporate if the
                 association --
                   (a) has obtained the approval of the Commissioner to the
                         application being made; and
                   (b) makes the application in accordance with the terms and
20                       conditions of that approval.

     50.         Commissioner may direct an incorporated association to
                 apply for incorporation under another law
           (1)   This section applies if the Commissioner is satisfied that the
                 continued incorporation of an association under this Act would
25               for any reason be inappropriate or inconvenient, including --
                   (a) on account of the incorporated association having, in the
                         opinion of the Commissioner, ceased to be eligible to be
                         incorporated under this Act; or



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     s. 51



                  (b)   because of --
                           (i) the scale or nature of the activities of the
                                incorporated association; or
                          (ii) the value or nature of the property of the
 5                              incorporated association; or
                         (iii) the extent or nature of the dealings which the
                                incorporated association has with the public,
                        as determined by the Commissioner.
           (2)   The Commissioner may in writing direct the incorporated
10               association to apply for, and do all things that are reasonably
                 necessary to obtain, registration or incorporation as a prescribed
                 body corporate.
           (3)   A direction under subsection (2) --
                  (a) must specify the period within which the application is
15                      to be made; and
                  (b) may specify any terms and conditions that are to be
                        observed in making the application for registration or
                        incorporation or doing the things that are reasonably
                        necessary to obtain it.
20         (4)   The Commissioner may, by notice in writing to the incorporated
                 association --
                   (a) from time to time extend the period referred to in
                         subsection (3)(a); or
                   (b) revoke or amend a direction given under subsection (2).

25   51.         Commissioner to give notice of intention
           (1)   Before the Commissioner gives a direction to an incorporated
                 association under section 50(2) or notice of an amendment
                 under section 50(4)(b), the Commissioner must give notice in
                 writing to the association stating --
30                 (a) the Commissioner's intention to give the direction or
                         make the amendment; and

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                  (b)    the grounds on which the Commissioner is proposing to
                         act; and
                   (c)   that written submissions on the proposed direction or
                         amendment may be made to the Commissioner within a
 5                       specified period.
           (2)   The period specified under subsection (1)(c) is not to be less
                 than 28 days after the notice is given.
           (3)   Before the Commissioner gives or amends a direction to an
                 incorporated association under section 50 the Commissioner
10               must have regard to any submission made by the association in
                 accordance with the notice.

     52.         Review of proposed direction or amendment
           (1)   An incorporated association to which a notice is given under
                 section 51 may, not later than the end of the period specified
15               under section 51(1)(c), apply to the State Administrative
                 Tribunal for a review of the proposed direction or amendment.
           (2)   If an application is so made, the Commissioner cannot give the
                 direction or make the amendment unless --
                    (a) the application results in the Commissioner's proposed
20                       action being confirmed; or
                   (b) the application is dismissed or struck out.

     53.         Association to comply with direction
           (1)   Subject to section 52, an incorporated association must comply
                 with a direction given to the association under section 50(2) or a
25               direction as amended under section 50(4)(b).
           (2)   A contract to which an incorporated association is a party is not
                 illegal, void or unenforceable by reason only of a failure by the
                 association to comply with a direction under section 50.




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     Associations Incorporation Bill 2006
     Part 4          Incorporation and transfer of incorporation
     Division 4      Transfer of incorporation
     s. 54



     54.         Cancellation of incorporation under this Act
           (1)   The registration or incorporation of an incorporated association
                 as a prescribed body corporate automatically cancels the
                 incorporation of the association under this Act.
 5         (2)   Where an incorporated association becomes registered or
                 incorporated as a prescribed body corporate, the body must
                 notify the Commissioner in writing of the registration or
                 incorporation within 14 days after it occurs.
                 Penalty: a fine of $5 000.

10   55.         Provisions about the transition to incorporation under
                 another law
           (1)   In this section, a reference to a transfer of incorporation by an
                 incorporated association is a reference to an incorporated
                 association becoming registered or incorporated as a prescribed
15               body corporate (the "body corporate").
           (2)   The transfer of incorporation by an incorporated association
                 does not affect --
                   (a) the identity of the association which is to be taken to be
                        the same body before and after the transfer of
20                      incorporation; or
                  (b) any act, matter or thing done or omitted to be done, or
                        any circumstance subsisting, before the transfer to the
                        extent that the act, matter, thing, omission or
                        circumstance has any relevance to the association after
25                      the transfer.
           (3)   Without limiting subsection (2) --
                  (a) proceedings by or against an incorporated association
                       subsisting immediately before the transfer of
                       incorporation may be continued by or against the body
30                     corporate in the name of the incorporated association;
                       and


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                     Incorporation and transfer of incorporation        Part 4
                                      Transfer of incorporation    Division 4
                                                                          s. 55



            (b)   proceedings that might have been brought by or against
                  an incorporated association immediately before the
                  transfer of incorporation may be commenced by or
                  against the body corporate.
 5   (4)   Without limiting subsection (2), a transfer of incorporation does
           not affect --
             (a) any obligation or liability incurred under this Act; or
            (b) any penalty, forfeiture or punishment incurred in respect
                   of any offence committed against this Act; or
10           (c) any investigation, proceeding or remedy in respect of
                   any such obligation, liability, penalty, forfeiture or
                   punishment,
           and any such investigation, proceeding or remedy may be
           instituted, continued or enforced and any such penalty,
15         forfeiture or punishment may be imposed as if section 54(1) had
           not been passed.
     (5)   This section has effect in relation to a matter concerning an
           incorporated association that is registered as a company under
           the Corporations Act 2001 of the Commonwealth only to the
20         extent that the matter is not dealt with by that Act.




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     Associations Incorporation Bill 2006
     Part 5          Rules of incorporated associations
     Division 1      Effect of rules
     s. 56



                 Part 5 -- Rules of incorporated associations
                              Division 1 -- Effect of rules
     56.          Effect stated
           (1)    The rules of an incorporated association bind the association
 5                and the members of the association as if --
                    (a) they contained an agreement on the part of each member
                          to be bound by and observe all the provisions of the
                          rules; and
                    (b) that agreement were duly executed by each member.
10         (2)    Subsection (1) has effect only so far as the rules are consistent
                  with this Act.

                             Division 2 -- Content of rules
     57.          General requirements for content of rules
           (1)    The rules of an incorporated association must at all times --
15                 (a) include provision in respect of each of the matters set
                         out in Schedule 3 Division 1; and
                   (b) comply with the requirements specified in Schedule 3
                         Division 2; and
                   (c) be otherwise consistent with this Act.
20         (2)    An incorporated association must ensure that subsection (1) is
                  complied with.

     58.          Restriction on distribution of surplus property
           (1)    There is implied in the rules of every incorporated association a
                  provision that, on the winding up of the association under Part 9
25                Division 2 or 4, its surplus property, as defined in section 134,
                  can only be distributed to one or more of the following --
                    (a) an incorporated association;


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                                   Rules of incorporated associations          Part 5
           Model rules and rules of existing incorporated associations    Division 3
                                                                                 s. 59



                  (b)    a company limited by guarantee that is registered as
                         mentioned in section 150 of the Corporations Act 2001
                         of the Commonwealth;
                   (c)   a company holding a licence that continues in force
 5                       under section 151 of that Act;
                  (d)    a local government;
                  (e)    a body corporate that --
                           (i) is a member or former member of the
                                 incorporated association; and
10                        (ii) at the time of the distribution of surplus property,
                                 has rules that prevent the distribution of property
                                 to its members;
                   (f)   a trustee for a body corporate referred to in
                         paragraph (e).
15         (2)   The provision mentioned in subsection (1) has effect despite any
                 inconsistent provision in the rules of an incorporated
                 association.

       Division 3 -- Model rules and rules of existing incorporated
                             associations
20   59.         Model rules
           (1)   Regulations are to be made prescribing model rules for an
                 incorporated association.
           (2)   The model rules are to be taken to comply with section 57.

     60.         Automatic application of model rules
25         (1)   This section applies to an association that is incorporated after
                 the commencement of this Act.




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     Associations Incorporation Bill 2006
     Part 5          Rules of incorporated associations
     Division 3      Model rules and rules of existing incorporated associations
     s. 61



           (2)   Except as provided in subsection (3), on the incorporation of the
                 association the rules of the association consist of --
                   (a) the statement of --
                            (i) the association's name; and
 5                         (ii) the objects or purposes of the association,
                         as accepted by the Commissioner for the purposes of the
                         incorporation; and
                   (b) the model rules in the form in which they existed
                         immediately before the day of incorporation.
10         (3)   On the incorporation of an association under section 131, the
                 rules of the association consist of --
                   (a) the statement referred to in subsection (2)(a); and
                   (b) the rules referred to in section 130(1)(c) as accepted by
                         the Commissioner for the purposes of the incorporation.
15         (4)   Subsections (2) and (3) do not affect the ability of an
                 incorporated association or of the management committee of an
                 incorporated association to amend the rules of the association in
                 accordance with this Part after the association is incorporated.

     61.         Rules of associations existing at the commencement of
20               this Act
           (1)   This section applies to an association that was incorporated
                 under a repealed Act and whose incorporation has effect
                 immediately before the commencement of this Act.
           (2)   The rules of the incorporated association as in force
25               immediately before the commencement of this Act continue to
                 have effect but without limiting --
                   (a) the ability of the association, or of the management
                        committee of the association, to amend the rules of the
                        association in accordance with this Part or Schedule 6
30                      clause 14; or



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                                               Associations Incorporation Bill 2006
                                  Rules of incorporated associations         Part 5
                                                Amendment of rules      Division 4
                                                                               s. 62



                  (b)   the operation of section 57 as qualified by Schedule 6
                        Division 4.

     62.         Copy of rules to be kept
                 An incorporated association must keep a copy of its rules as in
 5               force from time to time.

                         Division 4 -- Amendment of rules
     63.         Amendment of rules
           (1)   An incorporated association may amend its rules by special
                 resolution but not otherwise.
10         (2)   An amendment cannot be made under subsection (1) that would
                 contravene section 57.
           (3)   An amendment to the rules of an incorporated association does
                 not take effect until --
                   (a) section 64(1) is complied with; or
15                (b) where applicable, an approval is given under
                         section 37(1) or 65(1).

     64.         Commissioner to be notified of amendments
           (1)   Where an incorporated association has passed a special
                 resolution for the purposes of section 63(1), the public officer of
20               the association must lodge the required documents with the
                 Commissioner within --
                   (a) 28 days after the special resolution is passed; or
                   (b) such longer period as the Commissioner may allow.
                 Penalty: a fine of $1 000.
25         (2)   The required documents are --
                  (a) a notice of the special resolution setting out particulars
                        of the amendments; and


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     Associations Incorporation Bill 2006
     Part 5          Rules of incorporated associations
     Division 4      Amendment of rules
     s. 65



                  (b)    a certificate in the approved form that the resolution was
                         duly passed as a special resolution and that the
                         amendments do not contravene section 57; and
                   (c)   a copy of rules of the incorporated association as in
 5                       force at the time when the special resolution was passed
                         marked up to show the amendments to which the special
                         resolution relates.
           (3)   The certificate under subsection (2)(b) must be signed by
                 2 members of the management committee of the incorporated
10               association.
           (4)   Any application to the Commissioner for an extension of time
                 under subsection (1)(b) is to be made by the public officer and
                 is to be so made in the approved form and not later than 14 days
                 after the resolution is passed.

15   65.         Amendment of objects or purposes of incorporated
                 association
           (1)   An amendment to the rules of an incorporated association that
                 changes the objects or purposes of the association does not take
                 effect until the approval of the Commissioner is given to the
20               change.
           (2)   An application for the Commissioner's approval under
                 subsection (1) must be included in the notice lodged under
                 section 64(1) by the public officer of the incorporated
                 association.
25         (3)   If the Commissioner refuses to approve the amendment, the
                 incorporated association may apply to the State Administrative
                 Tribunal for a review of the decision of the Commissioner.
           (4)   An application under subsection (3) must be made within --
                  (a) 28 days; or
30                (b) such other period as is prescribed,
                 after the incorporated association receives notice of the refusal.

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                                               Associations Incorporation Bill 2006
                                  Rules of incorporated associations         Part 5
                                                Amendment of rules      Division 4
                                                                               s. 66



     66.         Commissioner may require public notice of application
                 under section 65
           (1)   The Commissioner may in writing require an applicant under
                 section 65 to give public notice of the application --
 5                 (a) by advertisement in a manner determined by the
                         Commissioner; or
                   (b) in some other way that the Commissioner thinks
                         appropriate,
                 or by notification under both of those paragraphs.
10         (2)   For the purposes of section 67, the applicant must include in the
                 public notice a statement in wording approved by the
                 Commissioner showing --
                   (a) that a written request, including the reasons for the
                         request, may be given to the Commissioner under
15                       section 67 by any person; and
                  (b) the period within which any request is to be received by
                         the Commissioner.

     67.         Request for refusal of change of name
           (1)   Where public notice is given under section 66 in respect of a
20               change to the objects or purposes of an association, any person
                 may, in accordance with the terms of the notice, request the
                 Commissioner to decline to approve the change.
           (2)   A request under subsection (1) must include the reasons for the
                 request.
25         (3)   If the Commissioner refuses a request made under
                 subsection (1), the person who made the request may apply to
                 the State Administrative Tribunal for a review of the decision of
                 the Commissioner.
           (4)   An application under subsection (3) must be made within --
30                (a) 28 days; or


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     Associations Incorporation Bill 2006
     Part 5          Rules of incorporated associations
     Division 5      Provision of rules to members
     s. 68



                  (b)    such other period as is prescribed,
                 after the person receives notice of the refusal.

                   Division 5 -- Provision of rules to members
     68.         Inspection by members
 5         (1)   At the request of a member of an incorporated association, the
                 association must make the copy of its rules referred to in
                 section 62 available for inspection by the member.
           (2)   The member may make a copy of or take an extract from the
                 copy of the rules but does not have the right to remove them for
10               that purpose.

     69.         When member to receive copy of rules
           (1)   Without limiting section 68, an incorporated association
                 must --
                  (a) at the request of a member of the association, give to the
15                     member a copy of the association's rules, or of any
                       particular part of those rules to which the request relates,
                       as in force at the time of the request; and
                  (b) give to each person who becomes a member of the
                       association a copy of the association's rules as in force
20                     when the membership commences.
           (2)   An incorporated association must not make a charge for taking
                 any action that it is required to take under this section.
           (3)   The regulations may make provision for --
                  (a) the manner in which a copy of an incorporated
25                      association's rules or of any part of those rules may be,
                        or must be, given under this section; or
                  (b) the circumstances and manner in which notice of any
                        amendment to an incorporated association's rules must
                        be given to members of the association.


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                                             Associations Incorporation Bill 2006
                           Management of incorporated associations         Part 6
                                           Management committee       Division 1
                                                                             s. 70



       Part 6 -- Management of incorporated associations
                       Division 1 -- Management committee
     70.         Management of incorporated association
           (1)   The management committee of an incorporated association is
 5               the governing body of the association with authority, in the
                 name of the association, to exercise and perform the powers,
                 functions and duties of the association and control and manage
                 its affairs.
           (2)   Subsection (1) has effect in relation to an incorporated
10               association subject to this Act and the rules of the association.
           (3)   The validity of anything done or omitted to be done by a
                 management committee is not affected by any defect afterwards
                 discovered in the appointment or qualification of a person
                 purporting to be a member of the committee or the deputy or
15               alternate of a member.
     71.         Duty of committee members to secure compliance by
                 association
                 A member of the management committee of an incorporated
                 association must take all reasonable steps to secure compliance
20               by the association with its obligations under this Act.
                 Penalty: a fine of $5 000.
     72.         Handing over of documents and records when membership
                 of committee ceases
           (1)   In this section --
25               "relevant documents and records" means documents and
                      records pertaining to the management of the affairs of an
                      incorporated association that --
                      (a) if subsection (2)(a) applies, were in the possession of
                             the member immediately before the member's death;
30                           or

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     Associations Incorporation Bill 2006
     Part 6          Management of incorporated associations
     Division 2      Pecuniary interest of committee member in contract
     s. 73



                     (b)   if subsection (2)(b) applies, are in the possession of
                           the person who has ceased to be a member of the
                           management committee.
           (2)   This section applies where a member of the management
 5               committee of an incorporated association --
                   (a) dies; or
                   (b) otherwise ceases to be a member of the committee.
           (3)   As soon as is practicable after a person has ceased to be a
                 member of the management committee of an incorporated
10               association --
                   (a) the person; or
                   (b) if subsection (2)(a) applies, the personal representative
                         of the person,
                 must deliver to a member of that management committee all
15               relevant documents and records or, in the case of relevant
                 documents or records that are stored on a computer, a copy of
                 all such documents and records.
                 Penalty: a fine of $10 000.

             Division 2 -- Pecuniary interest of committee member
20                               in contract
     73.         Definition
                 In this Division --
                 "relevant interest" means a direct or indirect pecuniary interest
                      in a contract or proposed contract made by, or in the
25                    contemplation of, the management committee.

     74.         Disclosure of interest
           (1)   A member of the management committee of an incorporated
                 association who has a relevant interest must, as soon as the



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                                                Associations Incorporation Bill 2006
                           Management of incorporated associations            Part 6
                  Pecuniary interest of committee member in contract     Division 2
                                                                                s. 75



                 member becomes aware of the interest, disclose the nature and
                 extent of it to the committee.
                 Penalty: a fine of $10 000.
           (2)   Subsection (1) does not apply to a pecuniary interest that exists
 5               only by virtue of --
                   (a) the member of the management committee being an
                        employee of the incorporated association; or
                  (b) the member of the management committee being a
                        member of a class of persons for whose benefit the
10                      association is established.
           (3)   An incorporated association must cause a disclosure made under
                 this section by a member of the management committee to be
                 recorded in the minutes of the meeting of the committee at
                 which it is made.
15   75.         Effect of disclosure
                 Where a member of the management committee of an
                 incorporated association discloses a relevant interest in a
                 contract or the member's interest in a contract is not such as
                 need be disclosed under section 74 --
20                 (a) the contract is not liable to be avoided by the association
                        on any ground arising from the fiduciary relationship
                        between the member and the incorporated association;
                        and
                   (b) the member is not liable to account for profits derived
25                      from the contract.
     76.         Voting on a contract in which a committee member has
                 a relevant interest
           (1)   A member of the management committee of an incorporated
                 association who has a relevant interest must not take part in any
30               deliberations or decision of the committee with respect to the
                 contract concerned.
                 Penalty: a fine of $10 000.

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     Associations Incorporation Bill 2006
     Part 6          Management of incorporated associations
     Division 3      Public officer
     s. 77



           (2)   Subsection (1) does not apply to a relevant interest that exists
                 only by virtue of the member of the management committee
                 being a member of a class of persons for whose benefit the
                 association is established.

 5                           Division 3 -- Public officer
     77.         Incorporated association to have a public officer
           (1)   An incorporated association must have a public officer.
           (2)   On the incorporation of an association, the person named as the
                 public officer in the application for incorporation is the first
10               public officer of the incorporated association.

     78.         Requirements for holding office
           (1)   A person is eligible to be named or appointed as the public
                 officer of an incorporated association only if the person is a
                 natural person and --
15                 (a) is, or will be on the incorporation of the association, a
                         member of the management committee of the
                         association; and
                   (b) has reached 18 years of age; and
                   (c) is resident in the State.
20         (2)   The public officer of an incorporated association may hold any
                 other office of the association unless the rules of the association
                 otherwise provide.
           (3)   The validity of anything done or omitted to be done by a person
                 purporting to act as the public officer of an incorporated
25               association is not affected by any defect afterwards discovered
                 in the appointment or qualification of the person.




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                                             Associations Incorporation Bill 2006
                           Management of incorporated associations         Part 6
                                                     Public officer   Division 3
                                                                             s. 79



     79.         Vacancy in office
           (1)   An incorporated association must appoint a person to fill any
                 vacancy in the office of public officer within 28 days after it
                 occurs.
 5         (2)   For the purposes of subsection (1), a vacancy occurs in the
                 office of public officer of an incorporated association if the
                 public officer --
                   (a) dies; or
                   (b) resigns from the office by giving the management
10                       committee of the association a signed letter of
                         resignation; or
                   (c) is removed from office under subsection (3); or
                   (d) ceases to be a resident of the State; or
                   (e) is an insolvent under administration as that term is
15                       defined in the Corporations Act 2001 of the
                         Commonwealth.
           (3)   An incorporated association may at any time, in accordance
                 with its rules, remove the association's public officer from that
                 office.

20   80.         Commissioner to be notified of appointment
           (1)   A public officer must, within 14 days after being appointed
                 under section 79(1), give written notice of the appointment to
                 the Commissioner in the approved form.
           (2)   The notice must include the person's full name and the person's
25               residential and postal addresses (which may be the same).
           (3)   If an address of a public officer changes, the public officer must,
                 within 14 days after the change occurs, give written notice of
                 the change to the Commissioner.
                 Penalty applicable to subsections (1) and (3): a fine of $1 000.



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     Associations Incorporation Bill 2006
     Part 6          Management of incorporated associations
     Division 3      Public officer
     s. 81



     81.         Role of public officer in service of documents on
                 incorporated association
           (1)   In this section --
                 "address of the public officer" means the address of the public
 5                    officer of an incorporated association last notified to the
                      Commissioner under section 80;
                 "served on" includes given, delivered or sent to.
           (2)   A process, notice or other document to be served on an
                 incorporated association is to be served on the association by
10               addressing it to the association and --
                   (a) sending it by post to the postal address of the public
                        officer; or
                   (b) leaving it at the residential address of the public officer
                        with any person apparently over 18 years of age.
15         (3)   Subsection (2) applies even if at the time when the process,
                 notice or other document is sent or left, there is a vacancy in the
                 office of public officer of the incorporated association
                 concerned.

     82.         Public officer to refer documents to the management
20               committee
                 Where a person who --
                  (a) is the public officer of an incorporated association; or
                  (b) was at any time during the preceding 2 years the public
                       officer of an incorporated association,
25               receives a process, notice or other document addressed to the
                 association and sent or left as mentioned in section 81, the
                 person must, as soon as practicable, bring it to the attention of
                 the management committee of the association.
                 Penalty: a fine of $1 000.



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                                             Associations Incorporation Bill 2006
                           Management of incorporated associations         Part 6
                                                     Public officer   Division 3
                                                                             s. 83



     83.         Handing over of documents and records where person has
                 ceased to be the public officer
           (1)   In this section --
                 "relevant documents and records" means documents and
 5                    records that --
                      (a) pertain to the management of the affairs of an
                             incorporated association; and
                      (b) are in the possession of a person who has ceased to
                             be the public officer of the association by reason of
10                           the person having been the holder of that office.
           (2)   This section applies where a person has ceased to be the public
                 officer of an incorporated association by operation of
                 section 79(2) (other than paragraph (a)) but has not ceased to be
                 a member of the management committee of the association.
15         (3)   As soon as is practicable after the incorporated association has
                 appointed a successor to the person as the public officer of the
                 association the person must deliver to that successor --
                   (a) all relevant documents and records; or
                   (b) in the case of relevant documents or records that are
20                       stored on a computer, a copy of all such documents and
                         records.
                 Penalty: a fine of $10 000.
           (4)   This section does not limit the application of section 72 to a
                 person, or the person's personal representative, where the
25               person has ceased to be the public officer of an incorporated
                 association and has also ceased to be a member of the
                 management committee of the association.




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     Associations Incorporation Bill 2006
     Part 6          Management of incorporated associations
     Division 4      Annual general meeting
     s. 84



                       Division 4 -- Annual general meeting
     84.         Annual general meeting
           (1)   An incorporated association must in each calendar year hold a
                 general meeting called its annual general meeting.
 5         (2)   Despite subsection (1), an incorporated association may hold its
                 first annual general meeting at any time within 18 months after
                 incorporation.
           (3)   Except as allowed by subsection (2), an incorporated association
                 must hold its annual general meeting --
10                (a) within 4 months after the end of the association's
                        financial year; or
                  (b) within such longer period as the Commissioner may on
                        a particular occasion allow.
           (4)   If an incorporated association wishes to seek the
15               Commissioner's approval to a longer period as mentioned in
                 subsection (3)(b), the application for approval must be made by
                 the public officer of the incorporated association and must be so
                 made not later than 90 days after the end of the association's
                 financial year.

20                        Division 5 -- Special resolutions
     85.         Requirements for special resolution
           (1)   For the purposes of this Act, a resolution of an incorporated
                 association is a special resolution if it --
                   (a) is passed at a general meeting of the association; and
25                 (b) is supported by the votes of not less than three-fourths of
                         the members of the association who cast a vote at the
                         meeting.




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                           Management of incorporated associations         Part 6
                                               Special resolutions    Division 5
                                                                             s. 86



           (2)   A person is taken to cast a vote at a general meeting as
                 mentioned in subsection (1)(b) if the person has a right under
                 the rules of the association to vote on the resolution and --
                   (a) votes in person at the meeting; or
 5                 (b) where proxies or postal votes are allowed by the rules of
                         the association, votes on the resolution by proxy or
                         postal vote.

     86.         Notice to be given
           (1)   Before the general meeting, written notice of --
10                (a) the proposed special resolution; and
                  (b) the time and place of the general meeting at which it is
                        proposed to move the resolution,
                 must be given, as required under the rules of the incorporated
                 association, to each member of the association.
15         (2)   The notice must set out the wording of the proposed special
                 resolution.
           (3)   If notice is not given in accordance with subsections (1) and (2)
                 the special resolution has no effect.

     87.         Commissioner may determine other requirements
20         (1)   On application made by an incorporated association, the
                 Commissioner may in writing determine other requirements for
                 a special resolution of the association if the Commissioner is
                 satisfied that it is not possible or practicable for a provision of
                 section 85 or 86 to be complied with.
25         (2)   The Commissioner may specify the period for which a
                 determination under subsection (1) is in force, and may at any
                 time revoke or amend a determination.
           (3)   Despite sections 85 and 86, a resolution of an incorporated
                 association is a special resolution if it is passed in accordance
30               with a determination in force under subsection (1).

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     Division 6      Register of members
     s. 88



     88.         Evidence of passing of resolution
           (1)   At a meeting at which a resolution proposed as a special
                 resolution is submitted, a declaration by the person presiding
                 that the resolution has been passed as a special resolution is
 5               evidence of that fact.
           (2)   Subsection (1) does not apply if, during the meeting at which
                 the resolution is submitted, a poll is demanded --
                   (a) in accordance with the rules of the association; or
                   (b) if the rules do not make provision as to the manner in
10                       which a poll may be demanded, by at least 3 members of
                         the association present in person or, where proxies are
                         allowed, by proxy.
           (3)   If a poll is taken under subsection (2), a declaration by the
                 person presiding as to the result of the poll is evidence of the
15               matter so declared.

                         Division 6 -- Register of members
     89.         Register to be maintained
                 An incorporated association must --
                  (a) maintain a register of its members in accordance with
20                      the regulations; and
                  (b) record in the register any change in the membership of
                        the association within 28 days after the change occurs.

     90.         Inspection of register by member
           (1)   An incorporated association must, at the request of a member,
25               make the register of members available for inspection by the
                 member, but subject to any rule of the kind mentioned in
                 subsection (2).




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           (2)   The rules of an incorporated association may require a member
                 who wishes to inspect the register of members to satisfy --
                  (a) the management committee of the association; or
                  (b) a senior executive officer of the association designated
 5                      by resolution of the management committee,
                 by statutory declaration or otherwise, that the purpose of the
                 inspection is directly connected with the affairs of the
                 association.
           (3)   A member inspecting the register of members may make a copy
10               of, or take an extract from, the register but is not entitled to
                 remove the register for that purpose.

     91.         Commissioner may request copy of register
                 The Commissioner may request an incorporated association to
                 provide the Commissioner with a copy of the register of
15               members and the association must comply with the request
                 within 14 days after it is made.

     92.         Member may apply for copy of register
           (1)   A member of an incorporated association may request the
                 association to provide the member with a copy of the register of
20               members.
           (2)   The request is to be made by application in writing
                 accompanied by a statutory declaration setting out the purpose
                 for which the application is made.
           (3)   If the management committee of the association is satisfied that
25               the purpose set out in the application is directly connected with
                 the association's affairs, the association must comply with the
                 request on payment of any amount required to be paid under
                 subsection (4).




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     s. 93



           (4)   The management committee may --
                  (a) determine a reasonable charge for the cost of complying
                       with a request under subsection (1); and
                  (b) require the person making the request to pay the charge
 5                     to the association.
           (5)   The regulations may make provision for --
                  (a) the manner in which a copy of the register of members
                        may be, or must be, provided to a member under
                        subsection (1); and
10                (b) the maximum amount, or a method of calculating the
                        maximum amount, that may be charged under
                        subsection (4).

     93.         Improper use of information in register
                 A person must not use or disclose information in the register of
15               members of an incorporated association except for a purpose --
                   (a) that is directly connected with the affairs of the
                        association; or
                  (b) that is related to the administration of this Act.
                 Penalty: a fine of $10 000.

20                     Division 7 -- Record of office holders
     94.         Record of office holders
           (1)   In this section --
                 "address" means --
                      (a) in the case of the public officer, both the residential
25                           address and the postal address of that officer; and
                      (b) in any other case, the residential address or the postal
                             address.




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           (2)   An incorporated association must maintain a record of --
                  (a) the names and addresses of the persons who --
                          (i) are members of its management committee; or
                         (ii) hold other offices of the association provided for
 5                              by its rules;
                        and
                  (b) the name and address of any person who is authorised to
                        use the common seal of the association; and
                  (c) the name and address of any person who is appointed or
10                      acts as a trustee on behalf of the association.

     95.         Inspection of record by member
           (1)   At the request of a member of an incorporated association, the
                 association must make the record referred to in section 94
                 available for inspection by the member.
15         (2)   The member may make a copy of or take an extract from the
                 record but does not have the right to remove it for that purpose.

     96.         Member may request a copy of record
           (1)   An incorporated association must, at the request of a member,
                 provide the member with a copy of the record maintained under
20               section 94, but subject to any rule of the kind mentioned in
                 subsection (2).
           (2)   The rules of an incorporated association may require a member
                 who wishes to be provided with a copy of the record maintained
                 under section 94 to satisfy --
25                 (a) the management committee of the association; or
                  (b) a senior executive officer of the association designated
                        by resolution of the management committee,
                 by statutory declaration or otherwise, that the purpose for which
                 the record is to be provided is directly connected with the affairs
30               of the association.

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           (3)   The regulations may make provision for the manner in which a
                 copy of the record may be, or must be, provided to a member
                 under subsection (1).
           (4)   An incorporated association must not make a charge for taking
 5               any action that it is required to take under this section.

     97.         Improper use of information
                 A person must not use or disclose information in the record
                 maintained under section 94 except for a purpose --
                   (a) that is directly connected with the affairs of the
10                      association; or
                  (b) that is related to the administration of this Act.
                 Penalty: a fine of $10 000.

     98.         Commissioner may ask apparent office holders to provide
                 information
15         (1)   This section applies to a person if it appears to the
                 Commissioner that the person is or may be a member of the
                 management committee, or the public officer, of an
                 incorporated association.
           (2)   The Commissioner may, by notice served on the person, require
20               the person, within the time specified in the notice, to give to the
                 Commissioner in writing --
                   (a) particulars of the person's residential address; and
                   (b) in addition, in the case of a person who it appears to the
                         Commissioner is or may be the public officer,
25                       particulars of the person's postal address; and
                   (c) a statement showing --
                           (i) whether or not the person holds or has held the
                                 office specified in the Commissioner's notice;
                                 and



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                                   Record of office holders   Division 7
                                                                     s. 98



                  (ii)   if the person has held the office, when the person
                         ceased to hold it.
    (3)   The person must comply with any requirement made on the
          person by a notice under subsection (2).
5         Penalty: a fine of $5 000.




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                       Part 7 -- Accounts and audit
                            Division 1 -- Preliminary
     99.       Terms used in this Part
               In this Part --
 5             "accounting records" includes --
                    (a) invoices and receipts; and
                    (b) orders for the payment of money, bills of exchange,
                           cheques, promissory notes and vouchers; and
                    (c) other documents of prime entry; and
10                  (d) books, registers and records (however compiled,
                           recorded or stored) that record the documents and
                           information necessary to explain the methods and
                           calculations by which financial statements are made
                           up;
15             "financial statements", in relation to an incorporated
                    association, means --
                    (a) a combination of --
                              (i) a statement of the receipts and payments of
                                  the association recording its total receipts and
20                                payments based on the cash method of
                                  accounting; and
                             (ii) a statement of the property and liabilities of
                                  the association;
                           or
25                  (b) a combination of --
                              (i) a statement of the income and expenditure of
                                  the association recording its total income and
                                  expenditure based on the accrual method of
                                  accounting; and



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                                                           Accounts      Division 2
                                                                              s. 100



                            (ii) a balance sheet,
                   together with the statements, reports and notes, other than
                   an auditor's report, attached to and intended to be read with
                   the statement or balance sheet;
 5            "gross receipts or gross income", in relation to an
                   incorporated association, means the total amount of --
                   (a) the receipts of the association (where the cash method
                          of accounting applies); or
                   (b) the income of the association (where the accrual
10                        method of accounting applies),
                   including a grant or subsidy paid to or for the benefit of the
                   association by or on behalf of --
                   (c) the Commonwealth; or
                   (d) the State; or
15                 (e) a local government; or
                    (f) any other body;
              "tier 1 incorporated association" means an incorporated
                   association other than a tier 2 incorporated association or
                   tier 3 incorporated association;
20            "tier 2 incorporated association" has the meaning given by
                   section 109;
              "tier 3 incorporated association" has the meaning given by
                   section 110.

                             Division 2 -- Accounts
25   100.     Keeping of accounting records
        (1)   An incorporated association must keep accounting records that
              correctly record and explain --
                (a) the transactions of the association (including any
                      transactions as trustee); and
30              (b) the financial position of the association.

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        (2)    An incorporated association must keep its accounting records in
               such a way that --
                 (a) true and fair financial statements of the association can
                      be prepared from time to time; and
 5               (b) the association's financial statements can conveniently
                      and properly be audited in accordance with this Part.

     101.      Retention of accounting records
               An incorporated association must retain its accounting records
               in respect of a transaction for at least 7 years after the
10             transaction was completed.

     102.      When annual financial statements to be prepared
               An incorporated association must ensure that financial
               statements for the association are prepared before the end of the
               period within which an annual general meeting of the
15             association is required to be held under section 84.

     103.      Financial statements to give true and fair account
        (1)    In this section --
               "financial transactions" means --
                    (a) where the cash method of accounting applies, receipts
20                         and payments; or
                    (b) where the accrual method of accounting applies,
                           income and expenditure.
        (2)    The financial statements must not be misleading.
        (3)    The financial statements must give a true and fair account of --
25              (a) the financial transactions of the association during the
                      last financial year of the association (the "financial
                      year"); and
                (b) the property and liabilities of the association at the end
                      of the financial year; and


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                (c)   mortgages, charges or other securities of any description
                      affecting any property of the association at the end of
                      the financial year.
        (4)   In relation to each trust of which the association was the trustee
 5            for any period during the financial year, the financial statements
              must give a true and fair account of --
                (a) the financial transactions of the trust during that period;
                       and
                (b) the property and liabilities of the trust at the end of that
10                     period; and
                (c) all mortgages, charges or other securities of any
                       description affecting any property of the trust during that
                       period.
        (5)   The financial statements must give a true and fair account of
15            any matter that is prescribed for the purposes of this subsection.

     104.     Presentation of financial statements and solvency statement
              at annual general meeting
        (1)   An incorporated association must present for consideration at
              each annual general meeting of the association --
20              (a) the audited financial statements of the association in
                     relation to the last financial year of the association; and
                (b) a copy of the auditor's report to the association in
                     relation to the financial statements for that financial
                     year; and
25              (c) a solvency statement in respect of the association.
        (2)   The solvency statement mentioned in subsection (1)(c) is a
              resolution of the management committee of the association
              passed not earlier than 30 days before the day of the annual
              general meeting concerned --
30              (a) stating that the committee has examined the affairs of
                      the association; and


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                (b)    showing whether or not in its opinion there are
                       reasonable grounds to believe that the association will
                       be able to pay or meet its debts and liabilities as and
                       when they become due and payable.

 5   105.      Information to be provided by annual return
        (1)    For the purposes of this section the "annual return" of an
               incorporated association is a return in the approved form
               providing the information required by this section in respect of
               the last financial year of the association.
10      (2)    The annual return must show --
                (a) the total amount of the gross receipts or gross income of
                      the association during the financial year; and
                (b) the gross value of the property of the association at the
                      end of the financial year; and
15              (c) the total amount of the liabilities of the association at the
                      end of the financial year.
        (3)    For the purposes of subsection (2) --
                (a) the receipts or income; and
                (b) the value of the property; and
20              (c) the amount of the liabilities,
               are to be determined in respect of a financial year after the
               association's financial statements have been audited for that
               year.
        (4)    The annual return of an incorporated association in respect of a
25             financial year must be accompanied by a copy of the solvency
               statement mentioned in section 104(1)(c) that was presented to
               the annual general meeting of the association following the
               financial year to which the return relates.
        (5)    In the case of a tier 3 incorporated association, the annual return
30             in respect of a financial year must be accompanied by each of


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                                                                               s. 106



               the documents referred to in section 104(1)(a) and (b) that was
               presented to the annual general meeting of the association
               following the financial year to which the return relates.
        (6)    The annual return of an incorporated association must also
 5             contain such information relating to the financial affairs of the
               association as is prescribed for the purposes of this subsection.

     106.      Lodgment of annual return with Commissioner
        (1)    The annual return referred to section 105 must be lodged with
               the Commissioner by the public officer of an incorporated
10             association --
                 (a) within 28 days after the annual general meeting of the
                       association following the financial year to which the
                       return relates; or
                 (b) within such longer period as the Commissioner may
15                     allow.
               Penalty: a fine of $1 000.
        (2)    An application to the Commissioner for an extension of time
               under subsection (1)(b) must be made by the public officer and
               must be so made in the approved form and not later than
20             14 days after the annual general meeting.

                                Division 3 -- Audit
              Subdivision 1 -- Auditors, qualifications and eligibility
                               for appointment

     107.      Audit of tier 1 incorporated association
25      (1)    A tier 1 incorporated association must ensure that its financial
               statements are audited by a person who is not prohibited by
               subsection (2) from auditing those statements.




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        (2)    A person cannot audit the financial statements of a tier 1
               incorporated association if the person --
                 (a) is an officer or employee of the association; or
                 (b) has prepared or assisted with the preparation of the
 5                    financial statements; or
                 (c) is the spouse or de facto partner of a person who comes
                      within paragraph (a) or (b).

     108.      Report of auditor of tier 1 incorporated association
        (1)    The auditor of a tier 1 incorporated association must report to
10             the association whether the financial statements of the
               association are in the auditor's opinion properly drawn up so as
               to give a true and fair view of matters required by section 103 to
               be dealt with in the financial statements.
        (2)    If an auditor is of the opinion that the financial statements do
15             not comply with subsection (1), the auditor's report must set out
               the reasons for that opinion.

     109.      Audit of tier 2 incorporated association
        (1)    This section applies to an incorporated association (a "tier 2
               incorporated association") in respect of a financial year of the
20             association if it is not a tier 3 incorporated association in respect
               of that financial year and --
                 (a) in relation to that financial year it had gross receipts or
                        gross income exceeding the amount prescribed for the
                        purposes of this paragraph; or
25               (b) it had property, at the end of the financial year, the gross
                        value of which exceeded the amount prescribed for the
                        purposes of this paragraph; or
                 (c) it is an incorporated association that is prescribed to be a
                        tier 2 incorporated association or a member of a class of
30                      incorporated associations that is so prescribed.



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        (2)   The incorporated association must ensure that its financial
              statements are audited by a person who comes within one of the
              following descriptions and is not prohibited by section 111 from
              auditing those financial statements --
 5              (a) a member of CPA Australia or of the Institute of
                      Chartered Accountants in Australia;
                (b) a member of the National Institute of Accountants, other
                      than an associate, who has satisfactorily completed an
                      auditing component of a course of study in accountancy
10                    of at least 3 years duration at a tertiary level conducted
                      by --
                         (i) a prescribed university; or
                        (ii) other prescribed institution,
                      under the Corporations Act 2001 of the Commonwealth
15                    section 1280(2A)(a);
                (c) a person who the Commissioner considers has
                      appropriate qualifications or experience and approves
                      for the purposes of this section.

     110.     Audit of tier 3 incorporated association
20      (1)   This section applies to an incorporated association (a "tier 3
              incorporated association") in respect of a financial year of the
              association if --
                (a) in relation to the financial year it had gross receipts or
                      gross income exceeding the amount prescribed for the
25                    purposes of this paragraph; or
                (b) it had property, at the end of the financial year, the gross
                      value of which exceeded the amount prescribed for the
                      purposes of this paragraph.
        (2)   The incorporated association must ensure that its financial
30            statements are audited by a person --
                (a) who is registered as an auditor under the Corporations
                     Act 2001 of the Commonwealth; or

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                 (b)   who the Commissioner considers has appropriate
                       qualifications or experience and approves for the
                       purposes of this section,
               and who is not prohibited by section 111 from auditing those
 5             financial statements.

     111.      Restrictions on persons who may audit certain financial
               statements
               A person cannot audit the financial statements of a tier 2
               incorporated association or a tier 3 incorporated association if
10             the person --
                 (a) is a member or employee of the association; or
                 (b) is the spouse, de facto partner, employer or employee of
                       a member of the association; or
                 (c) is a partner in a partnership in which a member of the
15                     association is also a partner; or
                 (d) has prepared or assisted with the preparation of the
                       financial statements.

               Subdivision 2 -- Provisions relating to auditors of all
                            incorporated associations

20   112.      Access to records
               An auditor of an incorporated association has a right of access at
               all reasonable times to the accounting records and other records
               of the association.

     113.      Entitlement to information
25             An auditor of an incorporated association is entitled to require
               from an officer of the association any information or
               explanation that the auditor wishes to have for the purpose of
               auditing the association's financial statements.



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     114.     Breaches of Act and rules to be noted in report
              If an auditor of an incorporated association, in the course of the
              performance of the auditor's duties, is satisfied that there has
              been a failure to comply with this Act or with a rule of the
 5            association, the auditor must note the matter in the auditor's
              report to the association in relation to its financial statements.
              Penalty: a fine of $10 000.

     115.     Offences in relation to auditor
              An officer of an incorporated association must not, without
10            lawful excuse --
                (a) fail or refuse to allow an auditor of the association
                      access, for the purpose of auditing the financial
                      statements of the association, to any accounting or other
                      records of the association in or under the officer's
15                    custody or control; or
                (b) fail or refuse to give the auditor, within a reasonable
                      time, any information or explanation required by the
                      auditor that is within the knowledge of the officer; or
                (c) otherwise hinder, obstruct or delay an auditor in the
20                    exercise or performance of the auditor's powers or
                      duties as auditor of the association.
              Penalty: a fine of $5 000.

     116.     Protection of auditor
        (1)   An auditor of an incorporated association is not, in the absence
25            of malice on the auditor's part, liable to any action for
              defamation in respect of any statement that the auditor makes,
              orally or in writing, in the course of the exercise or performance
              of powers or duties as auditor of the association.
        (2)   Subsection (1) does not limit or affect any right, privilege or
30            immunity that an auditor has, apart from that subsection, as a
              defendant in an action for defamation.

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            Subdivision 3 -- Powers and duties of auditors of tier 2 and
                          tier 3 incorporated associations

     117.      Terms used in this Subdivision
               In this Subdivision --
 5             "auditor" means the auditor of a tier 2 incorporated association
                    or of a tier 3 incorporated association;
               "Australian Accounting Standards" means the accounting
                    standards and other requirements issued by the Australian
                    Accounting Standards Board continued in existence by the
10                  Australian Securities and Investments Commission
                    Act 2001 of the Commonwealth;
               "report" means a report under section 118.

     118.      Auditor to report on financial statements etc.
        (1)    An auditor must report to the incorporated association
15             concerned on --
                 (a) the financial statements required to be laid before the
                      association at the annual general meeting; and
                 (b) the association's accounting records and other records
                      relating to those statements.
20      (2)    An auditor's report --
                (a) must be attached to or endorsed on the financial
                      statements; and
                (b) must, if a member so requires, be read out at the annual
                      general meeting of the incorporated association; and
25              (c) is open to inspection by a member at any reasonable
                      time.




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     119.     Report to state whether statements properly drawn up
        (1)   An auditor's report must state whether the financial statements
              are in the auditor's opinion properly drawn up --
                (a) so as to give a true and fair view of matters required by
 5                     section 103 to be dealt with in the financial statements;
                       and
                (b) in accordance with the provisions of this Act and the
                       Australian Accounting Standards.
        (2)   If an auditor is of the opinion that the financial statements do
10            not comply with subsection (1), the auditor's report must set out
              the reasons for that opinion.

     120.     Position where Australian Accounting Standards not
              complied with
        (1)   If in an auditor's opinion the financial statements have not been
15            drawn up in accordance with the Australian Accounting
              Standards, the auditor's report must state --
                 (a) whether, in the auditor's opinion, the financial
                       statements would, if drawn up in accordance with those
                       Standards, have given a true and fair view of the matters
20                     required by section 103 to be dealt with in the
                       statements; and
                (b) if, in the auditor's opinion, the financial statements
                       would not, if so drawn up, have given a true and fair
                       view of those matters, the auditor's reasons for being of
25                     that opinion.
        (2)   If the auditor's report states that the financial statements would,
              if drawn up in accordance with the Australian Accounting
              Standards, have given a true and fair view of the matters
              referred to in subsection (1)(a), the report must also include the
30            auditor's opinion as to the quantified financial effect on the
              statements of the failure to comply with the Australian
              Accounting Standards.


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     121.      Report to identify material defects and omissions
               An auditor's report must specify --
                (a) any defect or irregularity in the financial statements; and
                (b) any omission from those statements,
 5             not otherwise referred to in this Subdivision, that in the opinion
               of the auditor is relevant to the obtaining of a true and fair view
               of the matters dealt with by the statements.

     122.      Report to cover adequacy of information and record
               keeping
10             An auditor must form an opinion as to --
                (a) whether the auditor has obtained all the information and
                      explanations that the auditor required; and
                (b) whether proper accounting records and other records
                      have been kept by the incorporated association
15                    concerned as required by this Act,
               and must state in the auditor's report particulars of any
               deficiency or failure in respect of any such matter.

     123.      Auditor may attend general meeting and be heard
        (1)    An auditor of an incorporated association, or an agent of the
20             auditor authorised by the auditor in writing for the purpose, is
               entitled --
                 (a) to receive all notices of and other communications
                       relating to any general meeting of the association that a
                       member is entitled to receive; and
25               (b) to attend any general meeting of the association; and
                 (c) to be heard at any general meeting that the auditor
                       attends on any part of the business of the meeting that
                       concerns the auditor in the capacity of auditor.




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        (2)   Subsection (1) applies despite the fact that the auditor retires at
              the meeting or a resolution to remove the auditor from office is
              passed at the meeting.
        (3)   An incorporated association must ensure that an auditor is
 5            afforded the rights conferred by this section.

     124.     Reporting of breaches of this Act to the Commissioner
        (1)   If, in the course of the performance of duties as auditor of an
              incorporated association, an auditor becomes aware that the
              association has contravened section 84 or 104, the auditor
10            must --
                 (a) as soon as is practicable, inform the Commissioner in
                       writing of the contravention; and
                (b) if financial statements have been prepared and audited,
                       send to the Commissioner a copy of the statements and
15                     of the auditor's report on them.
        (2)   An auditor must also, as soon as is practicable, report to the
              Commissioner in writing any other contravention of this Act or
              of its rules by an incorporated association of which the auditor
              has become aware in the course of the performance of duties as
20            auditor, but only if the auditor considers that the circumstances
              are such that the matter has not been or will not be adequately
              dealt with --
                (a) by comment in the auditor's report on the financial
                       statements; or
25              (b) by bringing the matter to the notice of the management
                       committee of the incorporated association.

     125.     Removal of auditor to be reported
              If an auditor is removed or dismissed, the auditor must as soon
              as is practicable notify the Commissioner in writing of the
30            removal or dismissal and the circumstances in which it
              occurred.


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     Associations Incorporation Bill 2006
     Part 7          Accounts and audit
     Division 3      Audit
     s. 126



     126.      Payment of auditor
               The reasonable fees and expenses of an auditor are payable by
               the incorporated association concerned.

               Subdivision 4 -- Special audits of financial affairs of
 5                           incorporated association

     127.      Commissioner may require special audit to be carried out
        (1)    The Commissioner may exercise the power in subsection (2) in
               respect of an incorporated association if the Commissioner is of
               the opinion that it is desirable to do so because the financial
10             affairs of the association are not being properly managed.
        (2)    The Commissioner --
                (a) may, in writing given to the incorporated association,
                     direct that a special audit of the financial affairs of the
                     association is to be carried out; and
15              (b) may, for that purpose, appoint the auditor and specify --
                        (i) the kind of information that the auditor is to
                             furnish to the Commissioner; and
                       (ii) the period to which the audit is to relate; and
                      (iii) the time within which the auditor is to report to
20                           the Commissioner.
        (3)    An auditor appointed under this section in respect of an
               incorporated association is to be a person who is qualified as
               mentioned in section 110(2)(a) or (b) and is not prohibited by
               section 111 from auditing the financial statements of the
25             association.
        (4)    Where a direction is given under subsection (2) to an
               incorporated association, the association must do all things that
               are necessary to be done on its part to enable the audit to be
               properly completed.



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                                        Associations Incorporation Bill 2006
                                          Accounts and audit          Part 7
                                                       Audit     Division 3
                                                                      s. 127



(5)   Sections 112, 113, 115 and 116 apply to and in relation to an
      auditor appointed under this section in respect of an
      incorporated association as if the auditor were the auditor of the
      financial statements of the association.




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     Associations Incorporation Bill 2006
     Part 8          Amalgamation of incorporated associations

     s. 128



      Part 8 -- Amalgamation of incorporated associations
     128.      Meaning of "new body"
               In this Part --
               "new body" has the meaning given by section 129.

 5   129.      Application for incorporation of body formed by
               amalgamation
        (1)    An application may be made to the Commissioner in the
               approved form for the incorporation of an association (the "new
               body") that is an amalgamation of 2 or more existing
10             incorporated associations.
        (2)    The application must be made by a person duly authorised to do
               so by each of the existing associations.
        (3)    An application cannot be made if the proposed amalgamation is
               inconsistent with the rules of either of the existing associations.
15      (4)    An application cannot be made unless --
                (a) the terms of amalgamation; and
                (b) the name and the objects or purposes of the new body;
                      and
                (c) the rules of the new body,
20             have been approved by a special resolution of each of the
               existing incorporated associations concerned.

     130.      What is to be included in the application
        (1)    An application under section 129 must contain --
                (a) evidence that the special resolutions referred to in
25                    section 129(4) have been passed; and
                (b) the same information in relation to the new body as is
                      required to be provided in relation to an association
                      under sections 11(2) and (3), 12(1), 13 and 14; and

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                                           Associations Incorporation Bill 2006
                       Amalgamation of incorporated associations         Part 8

                                                                          s. 131



                (c)   a copy of the rules of the new body and a certificate
                      given by the applicant that the rules comply with
                      section 57; and
               (d)    such other information as may be prescribed for the
 5                    purposes of this paragraph.
        (2)   The objects or purposes of the new body must comply with
              section 12(2).
        (3)   The applicant must also provide the Commissioner with such
              further information and documents as the Commissioner may in
10            writing request.

     131.     Incorporation of the new body
        (1)   If on application duly made the Commissioner is satisfied that
              the requirements set out in subsection (2) have been met, the
              Commissioner must, subject to subsection (4), incorporate the
15            new body by the issue to it of a certificate of incorporation in
              the approved form.
        (2)   The requirements referred to are that --
               (a) the special resolutions mentioned in section 129(4) have
                     been passed; and
20             (b) the new body is eligible to be incorporated under this
                     Act; and
               (c) the objects or purposes of the new body comply with
                     section 12(2); and
               (d) the name of the new body is appropriate having regard
25                   to section 32 and regulations made for the purposes of
                     section 33; and
               (e) the rules of the new body comply with section 57; and
                (f) the considerations mentioned in section 20(1)(a) and (b)
                     do not apply; and
30             (g) the applicant has complied with any request under
                     section 130(3).

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     Associations Incorporation Bill 2006
     Part 8          Amalgamation of incorporated associations

     s. 132



        (3)    The issue of a certificate of incorporation to the new body
               automatically cancels the incorporation of an incorporated
               association that is a party to the amalgamation.
        (4)    The Commissioner must not issue a certificate of incorporation
 5             to the new body unless --
                 (a) each certificate of incorporation of an incorporated
                       association that is a party to the amalgamation has been
                       returned to the Commissioner; or
                 (b) the Commissioner is satisfied that the certificate has
10                     been lost or destroyed.

     132.      Review of decision to refuse application
        (1)    If the Commissioner refuses an application under section 129
               the applicant may apply to the State Administrative Tribunal for
               a review of the decision of the Commissioner.
15      (2)    An application under subsection (1) must be made within --
                (a) 28 days; or
                (b) such other period as is prescribed,
               after the applicant receives notice of the refusal.

     133.      Vesting of property and liabilities in new body
20             Schedule 2 has effect in relation to the new body on its
               incorporation.




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                                        Associations Incorporation Bill 2006
                   Winding up and cancellation of incorporation       Part 9
                                                    Preliminary  Division 1
                                                                      s. 134



              Part 9 -- Winding up and cancellation
                        of incorporation
                        Division 1 -- Preliminary
     134.   Terms used in this Part
 5          In this Part --
            "distribution plan" means a statement showing --
                 (a) the intended recipients of surplus property of the
                        incorporated association concerned; and
                 (b) an estimate of the amount or value of the property
10                      that each is to receive;
            "surplus property", in relation to an incorporated association,
                 means property remaining after satisfaction of --
                 (a) the debts and liabilities of the association; and
                 (b) the costs, charges and expenses of winding up the
15                      association.

     135.   Object of this Part
            The object of this Part is to make provision --
             (a) in Division 2, for the voluntary winding up of an
                   incorporated association that has surplus property to be
20                 distributed on the winding up and for the cancellation of
                   its incorporation; and
             (b) in Division 3, for the cancellation of the incorporation of
                   an association where the debts and liabilities of the
                   association have been satisfied and there is no surplus
25                 property to be distributed; and
             (c) in Division 4, for the winding up of an incorporated
                   association by the Supreme Court on certain grounds
                   and for the cancellation of its incorporation.



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     Associations Incorporation Bill 2006
     Part 9          Winding up and cancellation of incorporation
     Division 2      Voluntary winding up of incorporated association that has
                     property to be distributed
     s. 136


     136.       Modifications of applied text of Corporations Act
                The modifications set out in Schedule 4 to the text of Parts 5.4
                to 5.8 of the Corporations Act 2001 of the Commonwealth
                apply for the purposes of Divisions 2 and 4.

 5   Division 2 -- Voluntary winding up of incorporated association
                   that has property to be distributed
              Subdivision 1 -- Requirements for voluntary winding up
     137.       When voluntary winding up may occur
        (1)     This Subdivision applies to the voluntary winding up of an
10              incorporated association that has surplus property to be
                distributed on the winding up.
        (2)     Before the incorporated association may be wound up
                voluntarily --
                  (a) the management committee of the association must
15                     examine the affairs of the association and by resolution
                       declare that in its opinion the association is able to pay
                       or meet its debts and liabilities; and
                 (b) the association must then pass special resolutions --
                          (i) that it be wound up voluntarily; and
20                       (ii) approving a distribution plan that complies with
                               Subdivision 2;
                       and
                  (c) a distribution plan must be approved or determined by
                       the Commissioner under that Subdivision 2.
25   138.       Notice to be given to the Commissioner
        (1)     If an incorporated association has passed the special resolutions
                referred to in section 137(2)(b), the public officer of the
                association must lodge a notice in the approved form with the
                Commissioner.
30              Penalty: a fine of $1 000.

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                                               Associations Incorporation Bill 2006
                        Winding up and cancellation of incorporation         Part 9
            Voluntary winding up of incorporated association that has   Division 2
                                            property to be distributed
                                                                             s. 139


        (2)     The notice must --
                 (a) set out the terms of --
                          (i) the special resolutions; and
                         (ii) the resolution referred to in section 137(2)(a);
 5                     and
                 (b) be accompanied by a copy of the distribution plan
                       approved by the incorporated association; and
                 (c) contain a statement signed by 2 members of the
                       management committee of the association that the
10                     special resolutions were passed in accordance with
                       this Act.
        (3)     The notice must be lodged within 28 days after the passing of
                the special resolutions or within such longer period as the
                Commissioner may allow.

15   139.       Cancellation of incorporation
        (1)     If in respect of an incorporated association --
                   (a) the Commissioner is satisfied that the requirements of
                         this Subdivision have been complied with; and
                  (b) the association has lodged with the Commissioner the
20                       certificate referred to in section 149(3)(b),
                the Commissioner must, by instrument in writing, cancel the
                incorporation of the association with effect on and from a day
                that the Commissioner considers appropriate and specifies in the
                instrument.
25      (2)     The Commissioner may cause an instrument under
                subsection (1) to be published in the Gazette if the
                Commissioner considers that public notification of the
                cancellation is desirable.




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     Associations Incorporation Bill 2006
     Part 9          Winding up and cancellation of incorporation
     Division 2      Voluntary winding up of incorporated association that has
                     property to be distributed
     s. 140


     140.      Corporations Act may be applied by the regulations
               The regulations may declare the winding up of an incorporated
               association under this Division to be an applied Corporations
               legislation matter for the purposes of Part 3 of the Corporations
 5             (Ancillary Provisions) Act 2001 in relation to one or more of
               Parts 5.4 to 5.8 (winding up) of the Corporations Act 2001 of
               the Commonwealth, with any modifications that are specified in
               the declaration.

               Subdivision 2 -- Distribution of surplus property on
10                            voluntary winding up

     141.      Application of this Subdivision
               This Subdivision applies to an incorporated association that has
               passed the special resolutions referred to in section 137(2)(b).

     142.      Duty of association
15             An incorporated association to which this Subdivision applies
               must ensure that --
                (a) its surplus property is properly distributed in accordance
                      with a distribution plan that is approved or determined
                      under this Subdivision; and
20              (b) the distribution is completed within the period required
                      under section 147.

     143.      Content and operation of distribution plan
        (1)    A distribution plan in respect of an incorporated association
               must provide for the distribution of the surplus property in
25             accordance with the rules of the association, being rules that --
                 (a) make provision of the kind mentioned in Schedule 3
                       Division 1 item 17; and
                 (b) are consistent with the provision implied by section 58.



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                                               Associations Incorporation Bill 2006
                        Winding up and cancellation of incorporation         Part 9
            Voluntary winding up of incorporated association that has   Division 2
                                            property to be distributed
                                                                             s. 144


        (2)     Surplus property distributed under a distribution plan is subject
                to any trust affecting the property or any part of it.

     144.       Position where conditions attached to grant
        (1)     In this section --
 5              "body" includes a government department or public authority
                     of the State or the Commonwealth;
                "relevant contract" means a contract as to the manner in which
                     property referred to in subsection (2), or any part of the
                     property, is to be dealt with if an incorporated association is
10                   wound up.
        (2)     Where property has been provided to an incorporated
                association by any body, a distribution plan in respect of the
                association must give effect to any relevant contract that has
                been made between the association and the body.
15      (3)     Subsection (2) --
                 (a) applies only if, and to the extent that, the contract is
                       binding on the association; and
                 (b) does not apply if, or to the extent that, the body
                       concerned agrees otherwise.

20   145.       Approval of distribution plan
        (1)     A distribution plan lodged under section 138(2) does not have
                effect unless it is approved by the Commissioner.
        (2)     The Commissioner may --
                 (a) approve a distribution plan so lodged; or
25               (b) approve it with any amendment that the Commissioner
                      determines to be a minor amendment; or
                 (c) specify any amendment that is required and approve the
                      distribution plan in an amended form.




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     Associations Incorporation Bill 2006
     Part 9          Winding up and cancellation of incorporation
     Division 2      Voluntary winding up of incorporated association that has
                     property to be distributed
     s. 146


        (3)    An amendment under subsection (2)(c) must be approved by or
               on behalf of the incorporated association concerned in such
               manner as the Commissioner may determine in a particular
               case.

 5   146.      If necessary Commissioner may determine contents of plan
               The Commissioner may determine the contents of a distribution
               plan if --
                 (a) an amendment to the plan has been required under
                       section 145(2)(c); but
10               (b) within a period that the Commissioner considers
                       reasonable and notifies to the association concerned, the
                       Commissioner is not satisfied that an amended
                       distribution plan that complies with this Subdivision has
                       been approved by or on behalf of the association in
15                     accordance with a determination under section 145(3).

     147.      Time limit for implementation of plan
               The Commissioner must, when approving or determining a
               distribution plan under this Subdivision, fix a period within
               which the implementation of the plan is to be completed, and
20             may from time to time extend the period so fixed.

     148.      Review of Commissioner's decision
        (1)    A person who is dissatisfied with --
                (a) a decision of the Commissioner to refuse the approval of
                      a distribution plan or to request that it be amended by
25                    the incorporated association; or
                (b) any provision of a distribution plan determined under
                      section 146,
               may apply to the State Administrative Tribunal for a review of
               the Commissioner's decision or of the plan so determined.



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                                               Associations Incorporation Bill 2006
                        Winding up and cancellation of incorporation         Part 9
            Voluntary winding up of incorporated association that has   Division 2
                                            property to be distributed
                                                                             s. 149


        (2)     An application under subsection (1) must be made within --
                 (a) 28 days; or
                 (b) such other period as is prescribed,
                after the person receives notice of the refusal, request or
 5              determination.

     149.       Reporting to Commissioner
        (1)     The incorporated association concerned must --
                 (a) in the approved form, prepare such reports for the
                       Commissioner on the implementation of a distribution
10                     plan as the Commissioner may in writing require; and
                 (b) as soon as is practicable after the implementation of a
                       distribution plan has been completed, prepare a
                       certificate in the approved form that the surplus property
                       of the association has been distributed in accordance
15                     with the plan.
        (2)     An incorporated association prepares a report or certificate
                under subsection (1) when the association, or the management
                committee of the association, determines by resolution content
                of the report or certificate.
20      (3)     The incorporated association must lodge with the
                Commissioner --
                 (a) a report under subsection (1)(a); and
                 (b) a certificate under subsection (1)(b),
                as soon as is practicable after the report or certificate is
25              prepared.




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     Associations Incorporation Bill 2006
     Part 9          Winding up and cancellation of incorporation
     Division 2      Voluntary winding up of incorporated association that has
                     property to be distributed
     s. 150


               Subdivision 3 -- Powers of Commissioner on default
                              under Subdivision 2

     150.      Grounds on which Commissioner may act
               Section 151 applies if in the opinion of the Commissioner an
 5             incorporated association has failed --
                 (a) to properly implement a distribution plan; or
                 (b) to prepare a report or certificate,
               as required under Subdivision 2.

     151.      Commissioner may require association to show cause
10      (1)    The Commissioner may give to the incorporated association
               concerned a notice --
                 (a) stating that the Commissioner proposes to make a
                      declaration under section 154 in respect of the
                      association; and
15               (b) specifying the ground or grounds on which it is
                      proposed to do so; and
                 (c) informing the association that, if it does not show cause
                      within the allowed period, the declaration will be made.
        (2)    The allowed period under subsection (1)(c) is 28 days after the
20             day on which the notice is given.

     152.      How association may show cause
               Where notice has been given to an incorporated association
               under section 151, the association shows cause for the purposes
               of this Subdivision if it satisfies the Commissioner that --
25               (a) the incorporated association has not failed to do the
                        things specified in the notice; or
                 (b) there is otherwise sufficient reason for not making the
                        proposed declaration.



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                                               Associations Incorporation Bill 2006
                        Winding up and cancellation of incorporation         Part 9
            Voluntary winding up of incorporated association that has   Division 2
                                            property to be distributed
                                                                             s. 153


     153.       Review of Commissioner's proposal
        (1)     An incorporated association to which a notice has been given
                under section 151 may, not later than the end of the allowed
                period, apply to the State Administrative Tribunal for a review
 5              of the Commissioner's proposal.
        (2)     If an application is so made, the Commissioner cannot make a
                declaration that section 155 applies to an incorporated
                association unless --
                   (a) the application results in the Commissioner's proposal
10                      being confirmed; or
                  (b) the application is dismissed or struck out.

     154.       Making of declaration by the Commissioner
        (1)     Subject to section 153, the Commissioner may make a
                declaration in writing that section 155 applies to an incorporated
15              association if the association does not show cause within the
                allowed period.
        (2)     The Commissioner must give notice in writing of the making of
                a declaration under subsection (1) to the incorporated
                association concerned.

20   155.       Effect of declaration
        (1)     In this section --
                "surplus property" means property remaining after the
                     satisfaction of --
                     (a) the debts and liabilities of the association; and
25                   (b) the costs, charges and expenses incurred in giving
                            effect to this section.




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     Associations Incorporation Bill 2006
     Part 9          Winding up and cancellation of incorporation
     Division 2      Voluntary winding up of incorporated association that has
                     property to be distributed
     s. 156


        (2)    On the making of a declaration under section 154 in respect of
               an incorporated association --
                 (a) the property held by the association immediately before
                      the making of the declaration vests in the
 5                    Commissioner; and
                 (b) the Commissioner has power to realise such property,
                      pay the debts and liabilities of the association, distribute
                      its surplus property and wind up its affairs.
        (3)    The Commissioner may for the purposes of this section or any
10             incidental purpose --
                 (a) do all such other acts and things as are reasonably
                      necessary or expedient; and
                 (b) appoint a person to investigate the affairs of the
                      association and exercise any power on behalf of the
15                    Commissioner; and
                 (c) give such directions as the Commissioner thinks; and
                 (d) do or omit any act or thing, or take any step, that is
                      prescribed.
        (4)    The reasonable costs, charges and expenses of the
20             Commissioner and a person appointed under subsection (3)(b)
               relating to the exercise and performance of the powers and
               functions conferred by or under this section in respect of an
               incorporated association are to be paid out of the property of the
               association.

25   156.      Distribution of surplus property under this Subdivision
        (1)    Any surplus property of an incorporated association to which
               section 155 applies must be distributed by the Commissioner in
               accordance with a distribution plan determined by the
               Commissioner in conformity with sections 143 and 144.
30      (2)    A person who is dissatisfied with the determination of a
               distribution plan under subsection (1) may apply to the State


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                                               Associations Incorporation Bill 2006
                        Winding up and cancellation of incorporation         Part 9
     Cancellation of incorporation on application by association that   Division 3
                                    has no debts or surplus property
                                                                             s. 157


              Administrative Tribunal for a review of the plan or any
              provision of it.
        (3)   An application under subsection (2) must be made within --
               (a) 28 days; or
 5             (b) such other period as is prescribed,
              after the person receives notice of the determination.
     157.     Cancellation of incorporation
        (1)   When the Commissioner is satisfied that --
               (a) all surplus property of an incorporated association to
10                  which section 155 applies has been distributed; and
               (b) the affairs of the incorporated association have been
                    otherwise wound up,
              the Commissioner must, by instrument in writing, cancel the
              incorporation of the association with effect on and from a day
15            that the Commissioner considers appropriate and specifies in the
              instrument.
        (2)   The Commissioner may cause an instrument under
              subsection (1) to be published in the Gazette if the
              Commissioner considers that public notification of the
20            cancellation is desirable.
        Division 3 -- Cancellation of incorporation on application
           by association that has no debts or surplus property
     158.     Application for cancellation
        (1)   An incorporated association may apply to the Commissioner in
25            the approved form to have the incorporation of the association
              cancelled.
        (2)   An application cannot be made under subsection (1) by an
              incorporated association unless --
                (a) the management committee of the association has
30                   examined the affairs of the association and by resolution

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     Associations Incorporation Bill 2006
     Part 9          Winding up and cancellation of incorporation
     Division 3      Cancellation of incorporation on application by association that
                     has no debts or surplus property
     s. 159


                       declared that in its opinion the debts and liabilities of the
                       association have been satisfied and there is no surplus
                       property to be distributed; and
                (b)    the making of the application has been approved by a
 5                     special resolution of the incorporated association.

     159.      Content of application
        (1)    An application by an incorporated association for cancellation
               of its incorporation must contain --
                 (a) copies of each of the resolutions referred to in
10                      section 158(2); and
                 (b) a statement signed by 2 members of the management
                        committee of the association that the special resolution
                        referred to in section 158(2)(b) was passed in
                        accordance with this Act.
15      (2)    The incorporated association must also provide the
               Commissioner with such further information and documents as
               the Commissioner may in writing request.

     160.      Commissioner may grant application
        (1)    On application duly made under section 159, the Commissioner
20             may, by instrument in writing, cancel the incorporation of the
               association concerned if the Commissioner is satisfied that --
                 (a) the special resolution referred to in section 158(2) was
                       passed in accordance with this Act; and
                 (b) the debts and liabilities of the association have been
25                     satisfied and there is no surplus property remaining; and
                 (c) all of the requirements of this Act in respect of the
                       association have been met.
        (2)    An instrument under subsection (1) has effect on and from a day
               that the Commissioner considers appropriate and specifies in the
30             instrument.


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                                           Associations Incorporation Bill 2006
                      Winding up and cancellation of incorporation       Part 9
                               Winding up by the Supreme Court      Division 4
                                                                         s. 161



        (3)   The Commissioner may cause an instrument under
              subsection (1) to be published in the Gazette if the
              Commissioner considers that public notification of the
              cancellation is desirable.

 5   161.     Review of decision to refuse application
        (1)   If the Commissioner refuses an application by an incorporated
              association to cancel its incorporation, the association may
              apply to the State Administrative Tribunal for a review of the
              Commissioner's decision.
10      (2)   An application under subsection (1) must be made within --
               (a) 28 days; or
               (b) such other period as is prescribed,
              after the incorporated association receives notice of the refusal.

     162.     Liabilities not affected
15            Any liability of an officer or member of an association --
               (a) is not affected by the cancellation of the incorporation of
                     the association under section 160; and
               (b) may be enforced as if the incorporation of the
                     association had not been cancelled.

20            Division 4 -- Winding up by the Supreme Court
     163.     Grounds on which winding up may be ordered
              An incorporated association may be wound up by the Supreme
              Court on any ground specified in Schedule 5.
     164.     By whom application may be made
25            An application to the Supreme Court for the winding up of an
              incorporated association must be made by petition presented
              by --
                (a) the incorporated association; or

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     Associations Incorporation Bill 2006
     Part 9          Winding up and cancellation of incorporation
     Division 4      Winding up by the Supreme Court
     s. 165



                (b)   a member of the incorporated association; or
                (c)   the Commissioner; or
                (d)   the Minister; or
                (e)   a creditor, in the case of a petition based on the ground
 5                    specified in Schedule 5 item 5.

     165.      Application of Corporations Act
               The winding up of an incorporated association (other than by a
               voluntary winding up) by the Supreme Court is declared to be
               an applied Corporations legislation matter for the purposes of
10             Part 3 of the Corporations (Ancillary Provisions) Act 2001 in
               relation to Part 5.7 (Winding up bodies other than companies) of
               the Corporations Act 2001 of the Commonwealth, subject to the
               following modifications --
                 (a) the modifications specified in Schedule 4; and
15               (b) the provisions of the Part are to be read as if it extended
                       to the winding up of the affairs of an incorporated
                       association in the State; and
                 (c) such other modifications (within the meaning of Part 3
                       of the Corporations (Ancillary Provisions) Act 2001) as
20                     may be prescribed for the purposes of this paragraph.

     166.      Cancellation of incorporation
        (1)    When the Commissioner is satisfied that the winding up of an
               incorporated association under this Division has been completed
               the Commissioner must, by instrument in writing, cancel the
25             incorporation of the association with effect on and from a day
               that the Commissioner considers appropriate and specifies in the
               instrument.
        (2)    The Commissioner may cause an instrument under
               subsection (1) to be published in the Gazette if the
30             Commissioner considers that public notification of the
               cancellation is desirable.


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        Certain remedial measures available to the Commissioner          Part 10
      Cancellation of incorporation by the Commissioner on certain    Division 1
                                                         grounds
                                                                           s. 167


        Part 10 -- Certain remedial measures available to
                      the Commissioner
              Division 1 -- Cancellation of incorporation by the
                      Commissioner on certain grounds
 5   167.     Grounds on which Commissioner may act
        (1)   Section 168 applies if the Commissioner has reasonable cause to
              believe that an incorporated association --
                (a) was not at the time of incorporation eligible for
                      incorporation under this Act; or
10              (b) has suspended its operations, or has in effect been
                      dormant, for a whole year; or
                (c) has fewer than 6 members who under its rules have the
                      right to vote at its general meetings either in person or
                      by proxy or postal vote; or
15              (d) has no property and the members have resolved to
                      discontinue the activities of the association; or
                (e) has resolved to wind up but no person is prepared to act
                      as liquidator; or
                 (f) has failed to comply with a direction of the
20                    Commissioner under section 50 or 173; or
                (g) has refused or failed to remedy a contravention of this
                      Act within 60 days after notice of the contravention has
                      been given to the association by the Commissioner.
        (2)   Section 168 also applies if --
25              (a) the public officer of an incorporated association has
                     contravened a provision of this Act; and
               (b) the Commissioner has, by notice in writing given to the
                     public officer, required the public officer to remedy the
                     contravention within 60 days after the notice was given;
30                   but


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     Part 10         Certain remedial measures available to the Commissioner
     Division 1      Cancellation of incorporation by the Commissioner on certain
                     grounds
     s. 168


                 (c)   the public officer has failed or refused to do so.

     168.      Commissioner may require association to show cause
        (1)    Where this section applies, the Commissioner may give to the
               incorporated association a notice --
 5               (a) stating that the Commissioner proposes to cancel the
                      incorporation of the association; and
                 (b) specifying the ground or grounds on which it is
                      proposed to do so; and
                 (c) informing the association that, if it does not show cause
10                    within the allowed period, the incorporation of the
                      association will be cancelled.
        (2)    The Commissioner may also have the notice published in a
               newspaper circulating generally in the State.
        (3)    The allowed period for the purposes of subsection (1)(c) is --
15              (a) 60 days after the day on which the notice is given; or
                (b) if subsection (2) applies, 60 days after the day on which
                       the notice has been both given and published.

     169.      How association may show cause
               Where a notice has been given to an incorporated association
20             under section 168, the association shows cause for the purposes
               of this Division if it satisfies the Commissioner that the ground
               or grounds stated in the notice does or do not apply to the
               incorporated association.

     170.      Cancellation of incorporation
25      (1)    The Commissioner may, by instrument in writing, cancel the
               incorporation of the association if the incorporated association
               does not show cause within the allowed period.




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                                                         grounds
                                                                           s. 171


        (2)   Where the Commissioner makes an instrument under
              subsection (1), the Commissioner must --
                (a) serve a copy of the instrument on the incorporated
                     association; and
 5              (b) publish the instrument in the Gazette.
        (3)   A cancellation does not take effect until --
               (a) the day of publication of the instrument; or
               (b) if another day is specified in the instrument, that day.

     171.     Powers of Commissioner in respect of property
10            On the cancellation of the incorporation of an association under
              section 170 --
                (a) the property held by the association immediately before
                      the cancellation vests in the Commissioner; and
                (b) despite the cancellation --
15                       (i) the Commissioner has the functions and powers
                               set out in sections 155 and 156; and
                        (ii) those sections apply with any necessary
                               modification,
                      as if the association were one to which section 154
20                    applies.

     172.     Review of Commissioner's proposal to cancel incorporation
        (1)   An incorporated association to which notice is given under
              section 168 may, not later than the end of the allowed period
              under that section, apply to the State Administrative Tribunal
25            for a review of the Commissioner's proposal to cancel the
              incorporation of the association.
        (2)   If an application is so made, the Commissioner cannot make an
              instrument under section 170 unless --
                 (a) the application results in the Commissioner's proposal
30                    being confirmed; or

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     Part 10         Certain remedial measures available to the Commissioner
     Division 2      Direction by Commissioner to transfer undertaking
     s. 173



                 (b)   the application is dismissed or struck out.

              Division 2 -- Direction by Commissioner to transfer
                                 undertaking
     173.      Commissioner may direct an incorporated association to
 5             transfer its undertaking to another body corporate
        (1)    In this section --
               "another body corporate" means a body corporate, other than
                    the incorporated association concerned, being --
                    (a) another incorporated association; or
10                  (b) a body incorporated under some other written law of
                           the State or a written law of the Commonwealth.
        (2)    This section applies if the Commissioner is satisfied that the
               continued incorporation of an association under this Act is
               inappropriate because in the opinion of the Commissioner --
15               (a) it has ceased to be eligible to be incorporated under this
                      Act; or
                 (b) the undertaking or operations of the association is or are
                      being carried on by another body corporate; or
                 (c) that undertaking or those operations would more
20                    appropriately be carried on by another body corporate.
        (3)    The Commissioner may in writing direct the incorporated
               association --
                 (a) to transfer its undertaking to another body corporate
                       specified in the direction; and
25               (b) to do all things that are reasonably necessary to give
                       effect to the transfer.
        (4)    A direction under subsection (3) --
                (a) must specify the period within which the transfer is to be
                      completed; and


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            Certain remedial measures available to the Commissioner        Part 10
                    Direction by Commissioner to transfer undertaking   Division 2
                                                                             s. 174



                  (b)   may specify any terms and conditions that are to be
                        observed in effecting the transfer.
        (5)     The Commissioner may, by notice in writing to the incorporated
                association --
 5                (a) from time to time extend the period referred to in
                        subsection (4)(a); or
                  (b) revoke or amend a direction given under subsection (3).

     174.       Commissioner to give notice of intention
        (1)     Before the Commissioner gives a direction to an incorporated
10              association under section 173(3) or notice of an amendment
                under section 173(5)(b), the Commissioner must give notice in
                writing to the association stating --
                  (a) the Commissioner's intention to give the direction or
                        make the amendment; and
15                (b) the grounds on which the Commissioner is proposing to
                        act; and
                  (c) that written submissions on the proposed direction or
                        amendment may be made to the Commissioner within a
                        specified period.
20      (2)     The period specified under subsection (1)(c) is not to be less
                than 28 days after the notice is given.
        (3)     Before the Commissioner gives or amends a direction to an
                incorporated association under section 173 the Commissioner
                must have regard to any submission made by the association in
25              accordance with the notice.

     175.       Review of proposed direction or amendment
        (1)     An incorporated association to which a notice is given under
                section 174 may, not later than the end of the period specified
                under section 174(1)(c), apply to the State Administrative
30              Tribunal for a review of the proposed direction or amendment.


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     Part 10         Certain remedial measures available to the Commissioner
     Division 2      Direction by Commissioner to transfer undertaking
     s. 176



        (2)    If an application is so made, the Commissioner cannot give the
               direction or make the amendment unless --
                  (a) the application results in the Commissioner's proposed
                       action being confirmed; or
 5               (b) the application is dismissed or struck out.

     176.      Association to comply with direction
        (1)    Subject to section 175, an incorporated association must comply
               with a direction given to the association under section 173(3) or
               a direction as amended under section 173(5)(b).
10      (2)    A contract to which an incorporated association is a party is not
               illegal, void or unenforceable by reason only of a failure by the
               association to comply with a direction under section 173.

     177.      Power of Commissioner if association fails to comply with
               direction
15      (1)    If an incorporated association has failed or refused to transfer its
               undertaking to another body corporate in accordance with a
               direction under section 173 the Commissioner may, by order
               published in the Gazette --
                  (a) transfer the undertaking of the association in accordance
20                     with the terms of the direction; and
                 (b) make such other incidental or transitional provisions as
                       the Commissioner considers necessary or desirable.
        (2)    Before the Commissioner makes an order under subsection (1),
               the Commissioner must give notice in writing to the
25             incorporated association stating that the Commissioner proposes
               to make the order after the expiration of 28 days from the day
               on which the notice is given.
        (3)    An incorporated association to which a notice is given under
               subsection (2) may, not later than the end of the period specified
30             under that subsection, apply to the State Administrative
               Tribunal for a review of the Commissioner's proposal.

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                    Direction by Commissioner to transfer undertaking   Division 2
                                                                             s. 178



        (4)     If an application is so made, the Commissioner cannot make the
                order unless --
                   (a) the application results in the Commissioner's proposal
                        being confirmed; or
 5                (b) the application is dismissed or struck out.

     178.       Effect of order
        (1)     On the publication of an order under section 177(1) in respect of
                an incorporated association --
                  (a) the property of the association vests, by virtue of this
10                     subsection, in the body corporate specified in the order
                       ("the transferee"); and
                  (b) the rights and liabilities of the association become, by
                       virtue of this subsection, the rights and liabilities of the
                       transferee; and
15                (c) proceedings by or against the association subsisting
                       immediately before the publication may be continued by
                       or against the transferee; and
                  (d) proceedings that might have been brought by or against
                       the association immediately before the publication may
20                     be commenced by or against the transferee; and
                  (e) any act, matter or thing done or omitted to be done
                       before the publication by, to or in respect of the
                       association is, to the extent to which the act, matter or
                       thing has any force or effect, taken to have been done or
25                     omitted by, to or in respect of the transferee; and
                   (f) a reference in an agreement or instrument to the
                       association is, unless the context otherwise requires, to
                       be read as, or as including, a reference to the transferee.
        (2)     Any property vested in the transferee by operation of this
30              section is vested subject to any trust, restriction or obligation to
                which the property was subject immediately before it became so
                vested.


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     Part 10         Certain remedial measures available to the Commissioner
     Division 2      Direction by Commissioner to transfer undertaking
     s. 179



        (3)    On --
                (a) the application of a transferee in which any estate or
                    interest in land has been vested by operation of this
                    section; and
 5              (b) the production of such duplicate instruments of title and
                    other documents as the Registrar of Titles or the
                    Registrar of Deeds may require,
               the Registrar of Titles or the Registrar of Deeds is to record and
               register the vesting in the appropriate manner.
10      (4)    This section has effect in relation to a matter concerning a
               transferee that is registered as a company under the
               Corporations Act 2001 of the Commonwealth only to the extent
               that the matter is not dealt with by that Act.

     179.      Cancellation of incorporation under this Act
15      (1)    Where an incorporated association has transferred its
               undertaking in accordance with a direction under section 173,
               the association must notify the Commissioner in writing of the
               transfer within 14 days after it occurs.
               Penalty: a fine of $5 000.
20      (2)    If --
                  (a)   the Commissioner is satisfied that an incorporated
                        association has transferred its undertaking in accordance
                        with a direction under section 173; or
                 (b)    the Commissioner has made an order under section 177,
25             the Commissioner must, by instrument in writing, cancel the
               incorporation of the association with effect on and from a day
               that the Commissioner considers appropriate and specifies in the
               instrument.
        (3)    The Commissioner may cause an instrument under
30             subsection (1) to be published in the Gazette if the


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            Certain remedial measures available to the Commissioner        Part 10
              Direction by Commissioner to convene general meeting      Division 3
                                                                             s. 180



                Commissioner considers that public notification of the
                cancellation is desirable.

              Division 3 -- Direction by Commissioner to convene
                               general meeting
 5   180.       Commissioner may direct that general meeting be convened
        (1)     In this section --
                "relevant office holder" means any person who under the rules
                     of an incorporated association has power to convene a
                     general meeting of the association;
10              "specified" means specified in a direction given under
                     subsection (3).
        (2)     This section applies if the Commissioner is of the opinion
                that --
                  (a) there is any dispute or matter affecting the proper
15                     conduct of the affairs of an incorporated association; and
                  (b) the giving of a direction under this section may assist in
                       or towards the resolution of the dispute or matter.
        (3)     The Commissioner may in writing given to a relevant office
                holder of the incorporated association direct the office holder to
20              take such steps as are required under the rules of the association
                to convene a general meeting of the association at a specified
                time or within a specified period.
        (4)     A direction under subsection (3) may also require the office
                holder to take such steps as are reasonably required to enable
25              any specified matter to be discussed and determined at the
                meeting, including the putting of any specified motion for
                consideration at the meeting.
        (5)     The Commissioner may in writing given to a relevant office
                holder revoke or amend a direction given to that person under
30              subsection (3).


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     Part 10         Certain remedial measures available to the Commissioner
     Division 3      Direction by Commissioner to convene general meeting
     s. 181



        (6)    Subject to section 181, a relevant office holder to whom a
               direction is given under subsection (3) shall not without
               reasonable excuse fail to comply with the direction.
               Penalty: a fine of $5 000.

 5   181.      Review of direction
        (1)    A person to whom a direction is given under section 180(3) may
               apply to the State Administrative Tribunal for a review of the
               direction or of an amendment to the direction made under
               section 180(5).
10      (2)    An application under subsection (1) must be made within --
                (a) 28 days; or
                (b) such other period as is prescribed,
               after the person is given the direction or notice of the
               amendment.

15   182.      Rights of Commissioner or a delegate at meeting convened
               under this Division
        (1)    In this section --
               "authorised officer" means the Commissioner or an officer of
                    the Department authorised in writing by the Commissioner
20                  to attend a meeting as the representative of the
                    Commissioner;
               "meeting" means a meeting convened pursuant to a direction
                    under section 180.
        (2)    An authorised officer may attend a meeting and take part in the
25             consideration and discussion of the dispute or matter in relation
               to which the direction under section 180 was given and of any
               incidental matter.
        (3)    An authorised officer cannot vote at a meeting and is not to be
               counted for the purpose of determining the existence of a
30             quorum.

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            Certain remedial measures available to the Commissioner        Part 10
                                  Appointment of statutory manager      Division 4
                                                                             s. 183



                Division 4 -- Appointment of statutory manager
     183.       Commissioner may appoint statutory manager
        (1)     The Commissioner may, subject to subsection (2), appoint a
                statutory manager to administer the affairs of an incorporated
 5              association if --
                  (a) the Commissioner is of the opinion that the association
                        has refused or failed to remedy a contravention of this
                        Act within 60 days after notice of the contravention has
                        been given to the association by the Commissioner; or
10                (b) the Commissioner is of the opinion that the appointment
                        is necessary because of the financial or administrative
                        position of the association; or
                  (c) the association has by special resolution requested that a
                        statutory manager be appointed for the association.
15      (2)     The Commissioner is not to appoint a statutory manager unless
                the Commissioner is of the opinion that --
                  (a) the incorporated association concerned is, at the time of
                       the appointment, able to pay or meet its debts and
                       liabilities as and when they become due and payable;
20                     and
                  (b) the appointment is in the public interest; and
                  (c) the issues that have arisen are not likely to be effectively
                       resolved by the exercise of any other power under
                       this Act.
25      (3)     An appointment is to be made by instrument in writing given to
                the incorporated association.

     184.       Statutory manager has functions of management committee
        (1)     On the appointment of a statutory manager of an incorporated
                association --
30                (a) the members of the management committee of the
                        association cease to hold office; and

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     Part 10         Certain remedial measures available to the Commissioner
     Division 4      Appointment of statutory manager
     s. 185



                 (b)    the statutory manager has the functions of the
                        management committee, including the committee's
                        powers of delegation.
        (2)    Except as provided by section 186(1), an officer of an
 5             incorporated association cannot be appointed or elected so long
               as a statutory manager is in office in respect of the association.

     185.      Duration of appointment
        (1)    An appointment of a statutory manager continues in force until
               it is revoked --
10                (a) by the Commissioner by instrument in writing given to
                        the statutory manager; or
                  (b) by operation of subsection (2).
        (2)    If --
                  (a)   a statutory manager is administering the affairs of an
15                      incorporated association; and
                 (b)    a liquidator is appointed to carry out the winding up of
                        the association,
               the appointment of the statutory manager is automatically
               revoked.

20   186.      Prerequisites to revocation of appointment
        (1)    Before revoking the appointment of a statutory manager of an
               incorporated association, the Commissioner must --
                 (a) appoint another statutory manager of the association; or
                 (b) ensure that members of the management committee of
25                    the association have been elected in accordance with the
                      rules of the association at a meeting convened by the
                      statutory manager in accordance with those rules; or
                 (c) appoint members to the management committee of the
                      association.


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                                  Appointment of statutory manager      Division 4
                                                                             s. 187



        (2)     Elected members of the management committee or members of
                the management committee appointed under subsection (1) --
                  (a) take office on the revocation of the statutory manager's
                       appointment; and
 5                (b) in the case of members appointed under
                       subsection (1)(c), hold office, subject to section 190,
                       until the next annual general meeting of the association
                       after the revocation of that appointment.

     187.       Statutory manager to report to the Commissioner
10      (1)     A statutory manager of an incorporated association --
                 (a) must report to the Commissioner on the affairs of the
                        association as directed by the Commissioner; and
                 (b) may at any time on the statutory manager's own
                        initiative report to the Commissioner on those affairs.
15      (2)     After the revocation of a statutory manager's appointment, the
                person who held the office --
                  (a) must, as soon as is practicable, make a final report to the
                        Commissioner on the affairs of the association; and
                  (b) has access to the records and documents of the
20                      incorporated association concerned for that purpose.
        (3)     The Commissioner may, after considering a report under
                subsection (2), refer any matter back to the person for further
                consideration and report to the Commissioner, and the person
                has access to the records and documents of the incorporated
25              association concerned for that purpose.
        (4)     The person must report to the Commissioner as required under
                subsection (3).
                Penalty applicable to subsections (1)(a), (2)(a) and (4): a fine
                    of $10 000.




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     Part 10         Certain remedial measures available to the Commissioner
     Division 4      Appointment of statutory manager
     s. 188



     188.      Remuneration and expenses of statutory manager
        (1)    In this section --
               "expenses" includes --
                    (a) if the statutory manager is an employee within the
 5                         meaning of the Public Sector Management Act 1994,
                           the amount that the Commissioner determines is to be
                           paid to the State in repayment of the statutory
                           manager's remuneration; or
                    (b) if paragraph (a) does not apply, remuneration of the
10                         statutory manager at a rate determined by the
                           Commissioner.
        (2)    The Commissioner may make moneys available for the purpose
               of meeting the expenses of and incidental to the conduct of the
               affairs of an incorporated association by a statutory manager,
15             and the Treasurer may advance moneys to the Commissioner for
               that purpose on such terms and conditions as the Treasurer
               thinks fit.
        (3)    The Commissioner may determine that the expenses referred to
               in subsection (2) are to be recovered from the incorporated
20             association concerned, or that a part of those expenses is to be
               so recovered.
        (4)    A member of the incorporated association concerned may apply
               to the State Administrative Tribunal for a review of a
               determination of the Commissioner --
25               (a) under paragraph (a) or (b) of the definition in
                       subsection (1); or
                 (b) under subsection (3).
        (5)    An application under subsection (4) must be made within --
                (a) 28 days; or
30              (b) such other period as is prescribed,
               after the member receives notice of the determination.

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                                  Appointment of statutory manager      Division 4
                                                                             s. 189



        (6)     An amount payable pursuant to a determination under
                subsection (3) is recoverable from the incorporated association
                by the Commissioner in a court of competent jurisdiction as a
                debt due to the State.
 5      (7)     The Commissioner has, in relation to an amount mentioned in
                subsection (6), the same priority on the winding up of an
                incorporated association as a liquidator of the association.

     189.       Liability of statutory manager
        (1)     Except as provided in subsection (3), a statutory manager is not
10              liable for any loss incurred by the incorporated association in
                respect of the period of the statutory manager's appointment.
        (2)     Subsection (1) does not affect the duty of a statutory manager to
                provide information to the Commissioner in respect of any loss
                in a report under section 187.
15      (3)     A statutory manager is liable for a loss incurred by the
                incorporated association in respect of the period of the statutory
                manager's appointment because of --
                  (a) fraud or dishonesty; or
                  (b) negligence; or
20                (c) a wilful failure to comply with this Act or the rules of
                        the association,
                on the part of the statutory manager.

     190.       Additional powers of Commissioner
        (1)     If the Commissioner appoints members of the management
25              committee of an incorporated association under
                section 186(1)(c), the Commissioner may, by notice in writing
                given to the association, specify --
                   (a) a period during which this section is to apply in relation
                        to the association; and



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     Part 10         Certain remedial measures available to the Commissioner
     Division 4      Appointment of statutory manager
     s. 191



                 (b)    the terms and conditions on which all or any of the
                        members of the management committee hold office; and
                  (c)   the rules that are to be the rules of the association.
        (2)     While this section applies to an incorporated association, the
 5              Commissioner may --
                 (a) from time to time remove or appoint members of the
                       management committee;
                 (b) from time to time revoke or replace, in whole or in part,
                       or add to or vary the terms and conditions or the rules
10                     specified under subsection (1).
        (3)     The Commissioner may, by notice in writing given to an
                incorporated association, extend the period during which this
                section is to apply to the association.
        (4)     Rules specified by the Commissioner under this section for an
15              incorporated association --
                  (a) are not to be amended or revoked except under this
                       section; and
                  (b) if they are inconsistent with any other rule of the
                       association, prevail over that other rule.
20      (5)     Section 198(2)(d) applies to a copy of rules specified by the
                Commissioner under subsection (1) as if they had been lodged
                with the Commissioner.

     191.       Proceedings against association stayed
        (1)     After a statutory manager has been appointed to administer the
25              affairs of an incorporated association, a person cannot begin or
                continue a proceeding in a court against the association until the
                appointment of the statutory manager is revoked except --
                  (a) with the leave of the Supreme Court; and
                  (b) if that Court grants leave, in accordance with the terms
30                       and conditions that it imposes.


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     Certain remedial measures available to the Commissioner        Part 10
                           Appointment of statutory manager      Division 4
                                                                      s. 191



    (2)   A person intending to apply for leave of the Supreme Court
          under subsection (1) must give the Commissioner not less than
          10 days' notice of that intention.
    (3)   On the hearing of an application under subsection (1), the
5         Commissioner may be represented and may oppose the granting
          of the application.




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     Part 11         Administration
     Division 1      General
     s. 192



                          Part 11 -- Administration
                               Division 1 -- General
     192.       Commissioner
        (1)     In this section --
 5              "executive officer" has the meaning given by the Public Sector
                     Management Act 1994 section 3(1).
        (2)     The Minister is required, by notice published in the Gazette, to
                designate a person who is an executive officer of the
                Department as the Commissioner for the purposes of this Act.
10      (3)     The Commissioner may be referred to by a title specified by the
                Minister by notice published in the Gazette.

     193.       Delegation by Commissioner
        (1)     The Commissioner may delegate to any other person employed
                in the Department any power or duty of the Commissioner
15              under another provision of this Act.
        (2)     The delegation must be in writing signed by the Commissioner.
        (3)     A person to whom a power or duty is delegated under this
                section cannot delegate that power or duty.
        (4)     A person exercising or performing a power or duty that has been
20              delegated to the person under this section is to be taken to do so
                in accordance with the terms of the delegation unless the
                contrary is shown.
        (5)     Nothing in this section limits the ability of the Commissioner to
                perform a function through an official or an agent.




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                                                      Administration        Part 11
                                                            General      Division 1
                                                                              s. 194



     194.     Regulations for the obtaining of information by the
              Commissioner
        (1)   The regulations may make provision for an incorporated
              association to provide the Commissioner with prescribed
 5            information that is relevant to the operation of this Act,
              including prescribed information by way of periodical returns at
              prescribed times.
        (2)   Regulations made for the purposes of subsection (1) may
              provide that the prescribed information is to be included in an
10            annual return under section 106.

     195.     Information officially obtained to be confidential
        (1)   In this section --
              "information" means information concerning the affairs of a
                   person.
15      (2)   A person who misuses information obtained by reason of any
              function that person has, or at any time had, in the
              administration of this Act or a repealed Act commits an offence.
              Penalty: a fine of $20 000.
        (3)   A person misuses information if it is directly or indirectly
20            recorded, used, or disclosed to another person other than --
                (a) in the course of duty; or
                (b) under this Act; or
                (c) for the purposes of the investigation of any suspected
                     offence or the conduct of proceedings against any
25                   person for an offence; or
                (d) in a manner that could not reasonably be expected to
                     lead to the identification of any person to whom the
                     information refers; or
                (e) with the consent of the person to whom the information
30                   relates, or each of them if there is more than one.


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     Associations Incorporation Bill 2006
     Part 11         Administration
     Division 1      General
     s. 196



     196.       Protection from liability for wrongdoing
        (1)     A person is not liable for anything that the person has, in good
                faith, done in the performance or purported performance of a
                function under this Act or a repealed Act.
 5      (2)     The State is also relieved of any liability that it might otherwise
                have had for another person having done anything described in
                subsection (1).
        (3)     The protection given by this section applies even though the
                thing done as described in subsection (1) may have been
10              capable of being done whether or not this Act had been enacted.
        (4)     In this section, a reference to the doing of anything includes a
                reference to an omission to do anything.

     197.       Judicial notice
                All courts, judges and persons acting judicially are to take
15              judicial notice of --
                  (a) the official signature of every person who is for the time
                        being, and every person who has at any time been, the
                        Commissioner; and
                  (b) the fact that such person holds or has held such office.

20   198.       Evidentiary provisions
        (1)     In subsection (2) --
                "specified" means specified in the Commissioner's certificate.
        (2)     A certificate of the Commissioner to the effect of any of the
                following is evidence of the matter or matters set out in the
25              certificate --
                  (a) that on a specified day a specified association was or
                         was not an incorporated association;
                  (b) that on a specified day no incorporated association was
                         incorporated under this Act by a specified name;


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                                                 Administration      Part 11
                      Lodgment of documents with Commissioner     Division 2
                                                                       s. 199



                (c)   that a specified requirement of this Act --
                         (i) had or had not been complied with as at a
                              specified day or within a specified period; or
                        (ii) had been complied with as at a specified day but
 5                            not before that day;
               (d)    that a copy of the rules of a specified incorporated
                      association is a true copy of those rules as lodged with
                      the Commissioner as at a specified day.
        (3)   A certificate of incorporation of an association issued under this
10            Act is conclusive evidence of the incorporation of the
              association under this Act on the day specified in the certificate
              as the day of incorporation.

        Division 2 -- Lodgment of documents with Commissioner
     199.     Keeping of documents by Commissioner
15      (1)   The Commissioner is to keep a copy of --
               (a) the rules of each incorporated association, except where
                    model rules under section 59 apply without amendment;
                    and
               (b) any amendment to the rules of an incorporated
20                  association; and
               (c) the other documents required by this Act to be lodged
                    with the Commissioner.
        (2)   The documents referred to in subsection (1) may be kept in such
              manner as the Commissioner thinks fit.
25      (3)   An incorporated association must, if required to do so by the
              Commissioner by notice in writing given to the association,
              produce to the Commissioner a copy of the rules of the
              association as in force at the time when the notice is given or at
              some other time specified in the notice.



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     Division 2      Lodgment of documents with Commissioner
     s. 200



     200.       Destruction of documents by Commissioner
        (1)     The Commissioner may destroy or dispose of --
                 (a) any document; and
                 (b) any copy or transparency of a document,
 5              lodged in respect of an incorporated association if not less than
                15 years have elapsed since the association was dissolved or its
                incorporation was cancelled.
        (2)     Subsection (1) only applies if in the Commissioner's opinion it
                is no longer necessary or desirable to retain the document, copy
10              or transparency.

     201.       Inspection etc. of documents
        (1)     A person may, on payment of the prescribed fee --
                 (a) inspect any document lodged with the Commissioner for
                       the purposes of this Act, not being a document that has
15                     been destroyed or otherwise disposed of; or
                 (b) obtain from the Commissioner a certified copy of, or
                       extract from, any document lodged with the
                       Commissioner for the purposes of this Act.
        (2)     If a reproduction or transparency of a document is produced for
20              inspection, a person is not entitled under subsection (1) to
                require the production of the original.

     202.       Commissioner's certification of document
                A copy of or extract from a document lodged with the
                Commissioner for the purposes of this Act that is certified by
25              the Commissioner to be a true copy or extract is in any
                proceedings admissible in evidence as of equal validity with the
                original document.




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                                           Powers of investigation   Division 3
                                                                          s. 203



     203.   No constructive notice of contents of documents
            A person is not taken to have knowledge of --
             (a) the statement of the objects or purposes of an
                   incorporated association; or
 5           (b) the rules of an incorporated association; or
             (c) any of the contents of the statement of objects or
                   purposes or of the rules of an incorporated association;
                   or
             (d) any other document or its contents; or
10           (e) any particulars,
            by reason only that the statement of objects or purposes, the
            rules, the document or the particulars --
              (f) is or are lodged with the Commissioner for the purposes
                     of this Act; or
15            (g) is or are referred to in any other document that is so
                     lodged.

                  Division 3 -- Powers of investigation
     204.   Terms used in this Division
            In this Division, unless the contrary intention appears --
20          "authorised officer" means a person designated as an
                 authorised officer under section 205;
            "incorporated association" includes --
                 (a) an incorporated association that is in the course of
                       being wound up; and
25               (b) an association that has ceased to be incorporated
                       under this Act;
            "record" includes --
                 (a) any document, register or other record of
                       information; and


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     Division 3      Powers of investigation
     s. 205



                    (b)    any accounting record within the meaning in
                           section 99,
                however compiled, recorded or stored, and whether or not the
                information in the record is available only after the record is
 5              subjected to an electronic or other process.

     205.       Authorised officers
        (1)     The chief executive officer of the Department may --
                 (a) designate any officer of the Department as an authorised
                       officer for the purposes of this Division; and
10               (b) at any time cancel a designation.
        (2)     The chief executive officer of the Department is to issue a
                certificate of authorisation to each person who is designated as
                an authorised officer under subsection (1).
        (3)     An authorised officer must produce the certificate whenever
15              required to do so by a person in respect of whom the officer has
                exercised, or is about to exercise, any power under this
                Division.
        (4)     Production of a certificate referred to in subsection (2) in
                respect of a person is evidence in any court of the person's
20              designation under subsection (1).

     206.       Commissioner may require certain persons to appear,
                answer questions and produce records
        (1)     In this section --
                "relevant person", in relation to an incorporated association,
25                   means a person who --
                     (a) is or has been an officer or employee of the
                            association; or
                     (b) is or has been an agent, banker, legal practitioner,
                            accountant, auditor for the association or other person


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                                                  Administration       Part 11
                                          Powers of investigation   Division 3
                                                                         s. 206



                     acting in any capacity for or on behalf of the
                     association; or
               (c) has possession or control of any record relating to the
                     association; or
 5             (d) was a party to the creation of any record relating to
                     the association; or
               (e) the Commissioner reasonably believes is able to
                     provide relevant information;
           "specified", in subsection (3), means specified in a notice
10             referred to in subsection (4).
     (2)   The Commissioner may only exercise a power conferred by this
           section for the purpose of ascertaining whether --
             (a) a contravention of this Act has occurred; or
             (b) an offence has been committed in relation to an
15                 incorporated association that --
                      (i) involves fraud or dishonesty; or
                     (ii) concerns the management of the affairs of the
                           association.
     (3)   The Commissioner may --
20          (a) require that any specified record relating to an
                 incorporated association be produced to an authorised
                 officer by --
                    (i) the incorporated association; or
                   (ii) a relevant person,
25               at a specified time and place; and
            (b) require that a relevant person --
                    (i) attend before an authorised officer at a specified
                         time and place; and
                   (ii) answer questions put to the person by the
30                       authorised officer relating to the incorporated
                         association or its affairs;

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     Division 3      Powers of investigation
     s. 207



                       and
                 (c)   require that a relevant person --
                         (i) give written answers to specified questions
                               relating to the incorporated association or its
 5                             affairs; and
                        (ii) send or deliver the document containing the
                               answers to the Commissioner within a specified
                               period.
        (4)     A requirement under subsection (3) is to be made by notice in
10              writing given to the incorporated association or the relevant
                person, as the case may be, and may be revoked or amended in
                the same way.
        (5)     A person is not subject to any liability by reason of complying
                with a requirement made or purportedly made under this
15              section.

     207.       Powers of entry, search and seizure
        (1)     An authorised officer has power to enter a place for the
                purposes of this Act only --
                  (a) with the consent of the occupier of the place; or
20               (b) under the authority of a search warrant.
        (2)     If an authorised officer has power to enter a place for the
                purposes of this Act, the officer may take any action described
                in subsections (3), (4) and (5).
        (3)     The authorised officer may search the place for any record or
25              thing that the officer believes on reasonable grounds to be
                connected with --
                  (a) a contravention of this Act; or
                  (b) a contravention of some other written law that involves
                        fraud or dishonesty in relation to, or concerns the
30                      management of the affairs of, an incorporated
                        association.

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                                              Powers of investigation   Division 3
                                                                             s. 208



        (4)   The authorised officer may seize any record or thing referred to
              in subsection (3) that is found in the place.
        (5)   For the purposes of the exercise of the powers conferred by
              subsection (3) or (4), the authorised officer may, require any
 5            person who is at the place to --
                (a) answer any question put to the person by the authorised
                      officer; or
                (b) produce any record, or give reasonable assistance to, the
                      officer.
10      (6)   If an authorised officer enters a place under the authority of a
              search warrant, references in subsections (3) and (4) to "any
              record or thing" are, subject to section 209(5), references to
              any record or thing named or described in the warrant under
              section 208(4).

15   208.     Issue of search warrant
        (1)   An authorised officer may apply to a justice for a search warrant
              in respect of a particular place.
        (2)   The application must be in writing and must be made by the
              authorised officer in person.
20      (3)   The justice may issue a search warrant to the authorised officer
              if the justice is satisfied by evidence on oath that there are
              reasonable grounds to suspect that there is at the place
              concerned any record or thing that may be connected with --
                 (a) a contravention of this Act; or
25              (b) a contravention of some other written law that involves
                       fraud or dishonesty in relation to, or concerns the
                       management of the affairs of, an incorporated
                       association.
        (4)   Any record or thing as to which the justice is satisfied for the
30            purposes of subsection (3) must be named or described in the
              search warrant.

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     Associations Incorporation Bill 2006
     Part 11         Administration
     Division 3      Powers of investigation
     s. 209



        (5)     The justice is to cause a record to be made (on the search
                warrant or otherwise) of the matters of fact on which the justice
                has relied to justify the issue of the warrant.

     209.       Execution of search warrant
 5      (1)     A search warrant remains in force for 28 days from the day of
                its issue.
        (2)     A search warrant may be executed by the authorised officer to
                whom it was issued or by any other authorised officer.
        (3)     A search warrant permits an authorised officer --
10               (a) to enter the place specified in the warrant using any
                       force that is reasonably necessary to do so; and
                 (b) to exercise in that place the powers provided for by
                       section 207.
        (4)     An authorised officer executing a search warrant must produce
15              the warrant for inspection by a person occupying the place
                concerned if requested by the person to do so.
        (5)     If, in the course of executing a search warrant, an authorised
                officer --
                   (a) finds a record or thing that the officer believes on
20                       reasonable grounds to be connected with a contravention
                         referred to in section 208(3), although not a record or
                         thing named or described in the warrant; and
                  (b) believes, on reasonable grounds, that it is necessary to
                         seize that record or thing in order to prevent its
25                       concealment, loss or destruction,
                the warrant is to be taken to authorise the officer to seize the
                record or thing.




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                                                      Administration       Part 11
                                              Powers of investigation   Division 3
                                                                             s. 210



     210.     Powers of authorised officers concerning records
              An authorised officer may --
               (a) examine any record found or produced, and make copies
                     of and take extracts from any record seized or produced,
 5                   under this Division; and
               (b) in the case of a record kept otherwise than in a readily
                     intelligible format, require a person having the ability to
                     do so to produce the record in a legible form; and
               (c) take possession of and retain any record seized or
10                   produced for such reasonable period as may be
                     necessary for the purposes of this Act.

     211.     Failure to comply with a requirement and related provisions
        (1)   A person must not, without lawful excuse, refuse or fail to
              comply with a requirement of the Commissioner or an
15            authorised officer under this Division.
        (2)   A person must not give information or produce a record to an
              authorised officer or a person referred to in section 214 --
                (a) that the person knows to be; or
                (b) with reckless disregard as to whether the information or
20                    record is,
              false or misleading in a material particular.
        (3)   A person must not without lawful excuse obstruct or hinder an
              authorised officer or a person referred to in section 214 in the
              performance of a function under this Division.
25            Penalty applicable to subsections (1), (2) and (3): a fine
                   of $10 000.

     212.     Legal professional privilege
              The existence of legal professional privilege is a lawful excuse
              for the purposes of section 211(1).


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     Part 11         Administration
     Division 4      Infringement notices
     s. 213



     213.       Self incrimination
        (1)     It is not a lawful excuse for the purposes of section 211(1) for a
                person to refuse to answer a question or produce a record on the
                ground that the answer or record might tend to incriminate the
 5              person or make the person liable to a penalty.
        (2)     However, if the person answers the question or produces the
                record the following are not admissible against the person in
                criminal proceedings --
                  (a) the answer to the question;
10                (b) the record produced;
                  (c) the fact of the production of the record by the person.
        (3)     The immunity provided by subsection (2) does not apply to
                proceedings for an offence against section 211(2).

     214.       Persons assisting an authorised officer
15      (1)     An authorised officer who is performing any function under this
                Division, including the execution of a search warrant, may be
                accompanied or assisted by any other person whose assistance
                the officer considers to be necessary or expedient.
        (2)     A person referred to in subsection (1) may do such things as are
20              necessary or expedient to assist in the performance by the
                authorised officer of a function under this Division.
        (3)     Anything done under subsection (2) is taken to have been done
                by the authorised officer.

                        Division 4 -- Infringement notices
25   215.       Terms used in this Division
                In this Division --
                "authorised officer" means an officer designated under
                     section 225 to be an authorised officer for the purposes of
                     the section in which the term is used;

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                                                        Administration      Part 11
                                                 Infringement notices    Division 4
                                                                              s. 216



              "prescribed offence" means an offence prescribed under
                  section 216.

     216.     Prescribed offences
              The regulations may prescribe offences against this Act for
 5            which an infringement notice may be given under section 218.

     217.     Modified penalties
        (1)   For each prescribed offence the regulations are to prescribe --
               (a) a modified penalty; or
               (b) a different modified penalty according to the
10                   circumstances of the offence.
        (2)   The modified penalty for an offence cannot exceed 20% of the
              maximum penalty that could be imposed for that offence by a
              court.

     218.     Giving of notice
15      (1)   An authorised officer who has reason to believe that a person
              has committed a prescribed offence may give an infringement
              notice to the alleged offender.
        (2)   The notice is to be given within 6 months after the alleged
              offence is believed to have been committed.

20   219.     Contents of notice
        (1)   An infringement notice is to be in the prescribed form.
        (2)   An infringement notice is to --
               (a) contain a description of the alleged offence; and
               (b) specify the amount of the modified penalty for the
25                    offence; and
               (c) advise the person concerned that, if the person does not
                      wish to be prosecuted for the alleged offence in a court,


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     Part 11         Administration
     Division 4      Infringement notices
     s. 220



                       that amount may be paid to an authorised officer within
                       28 days after the giving of the notice.
        (3)     The amount referred to in subsection (2)(b) is to be the amount
                that was the prescribed modified penalty at the time when the
 5              alleged offence is believed to have been committed.

     220.       Extension of time
        (1)     An authorised officer may, in a particular case, extend the
                period of 28 days within which the modified penalty may be
                paid.
10      (2)     An extension may be granted under subsection (1) either before
                or after the period of 28 days has elapsed.

     221.       Withdrawal of notice
        (1)     An authorised officer may, within 60 days after the day on
                which an infringement notice was given, withdraw the notice by
15              sending to the alleged offender a notice in the prescribed form
                stating that the infringement notice has been withdrawn.
        (2)     Subsection (1) applies even if the modified penalty has been
                paid.
        (3)     If an infringement notice is withdrawn after the modified
20              penalty has been paid, the amount is to be refunded.

     222.       Benefit of paying modified penalty
        (1)     This section applies if --
                 (a) the modified penalty specified in an infringement notice
                       has been paid within 28 days or such further time as is
25                     allowed; and
                 (b) the notice has not been withdrawn.
        (2)     The payment prevents --
                 (a) the bringing of proceedings; and


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                                                 Infringement notices    Division 4
                                                                              s. 223



               (b)   the imposition of penalties,
              to the same extent that they would be prevented if the alleged
              offender had been convicted by a court of, and punished for, the
              alleged offence.

 5   223.     No admission implied by payment
              Payment of a modified penalty is not to be regarded as an
              admission for the purposes of any proceedings, whether civil or
              criminal.

     224.     Application of penalties collected
10            An amount paid as a modified penalty is to be dealt with as if it
              were imposed by a court as a penalty for an offence, unless
              section 221(3) requires that the amount be refunded.

     225.     Designation of authorised officers
        (1)   In this section --
15            "chief executive officer" means the chief executive officer of
                   the Department.
        (2)   The chief executive officer may in writing designate officers of
              the Department as authorised officers for the purposes of
              section 218, 219, 220 or 221, or for the purposes of 2 or more of
20            those sections, but an officer who is authorised to give
              infringement notices under section 218 is not eligible to be an
              authorised officer for the purposes of any of the other sections.
        (3)   The chief executive officer may at any time cancel a designation
              under subsection (2).
25      (4)   The chief executive officer is to issue a certificate of
              authorisation to each person who is designated as an authorised
              officer under subsection (2).
        (5)   An authorised officer is to produce the certificate whenever
              required to do so by a person in respect of whom the officer has


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    Associations Incorporation Bill 2006
    Part 11         Administration
    Division 4      Infringement notices
    s. 225



               exercised, or is about to exercise, any power under this
               Division.
       (6)     Production of a certificate referred to in subsection (4) in
               respect of a person is evidence in any court of the person's
5              designation under subsection (2).




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                                                     Miscellaneous         Part 12

                                                                             s. 226



                         Part 12 -- Miscellaneous
     226.     Jurisdiction of State Administrative Tribunal in respect of
              disputes
        (1)   If a dispute cannot be resolved under the procedure mentioned
 5            in Schedule 3 Division 1 item 16 --
                 (a) the incorporated association concerned; or
                (b) a member of the association involved in the dispute,
              may make an application to the State Administrative Tribunal to
              have the dispute determined by that Tribunal.
10      (2)   In a proceeding under subsection (1), the State Administrative
              Tribunal may make orders giving such relief as the Tribunal
              considers appropriate, including one or more of the following
              orders --
                (a) an order giving directions for the observance of the rules
15                    of the incorporated association by any person who has
                      an obligation to observe those rules;
                (b) an order declaring and enforcing the rights and
                      obligations of members of the incorporated association
                      between themselves;
20              (c) an order declaring and enforcing the rights and
                      obligations between the incorporated association and
                      any member or members of the association.

     227.     False or misleading statements in documents
        (1)   This section applies to a document that is --
25             (a) required by or for the purposes of this Act; or
               (b) lodged with or submitted to the Commissioner; or
               (c) submitted to a meeting of the management committee,
                     or of the members, of an incorporated association.




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     Part 12         Miscellaneous

     s. 228



        (2)     A person must not in a document to which this section
                applies --
                  (a) make or authorise the making of a statement that to the
                        person's knowledge is false or misleading in a material
 5                      particular; or
                  (b) omit, or authorise the omission of, any matter or thing
                        without which the document is to the person's
                        knowledge misleading in a material respect.
                Penalty: a fine of $10 000.

10   228.       Time limit for prosecutions
                Proceedings for an offence against this Act may be commenced
                within the period of 3 years after the offence was committed,
                but not after the expiry of that period.

     229.       Payment of fees on lodging documents
15              Where a fee is payable to the Commissioner in respect of the
                lodging of a document with the Commissioner and the
                document is submitted for lodging without payment of the fee,
                the document is not to be treated as having been lodged until the
                fee is paid.

20   230.       Regulations
        (1)     The Governor may make regulations prescribing all matters that
                are required or permitted by this Act to be prescribed, or are
                necessary or convenient to be prescribed, for giving effect to the
                purposes of this Act.
25      (2)     Without limiting subsection (1), regulations may be made
                providing for fees to be paid and prescribing the amount of such
                fees.

     231.       Repeal
        (1)     The Associations Incorporation Act 1987 is repealed.


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                                                 Miscellaneous         Part 12

                                                                         s. 232



   (2)   Schedule 6 has effect to make transitional provisions.

232.     Consequential amendments
         The Acts mentioned in Schedule 7 are amended as set out in
         that Schedule.




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     Associations Incorporation Bill 2006
     Schedule 1      Some circumstances that do not make an association ineligible
                     for incorporation




       Schedule 1 -- Some circumstances that do not make an
              association ineligible for incorporation
                                                                                 [s. 9(3)]
                An association is not ineligible under section 9(1) by reason only of
 5              any one or more of the following circumstances --
                  (a)   that the association itself is empowered to make a pecuniary
                        profit, unless that profit or some part of it is divided among or
                        received by the members or some of them;
                  (b)   that the association is established for the protection or
10                      regulation of some trade, business, industry or calling in
                        which the members are engaged or interested (the
                        "activity"), if the association itself does not engage or take
                        part in the activity or any part or branch of the activity;
                  (c)   that any member of the association derives pecuniary profit
15                      from the association by way of salary as an employee or
                        officer of the association;
                  (d)   that any member of the association derives from the
                        association any pecuniary profit to which the person would be
                        equally entitled if the person were not a member of the
20                      association;
                  (e)   that the members of the association compete with each other
                        for trophies or prizes other than money prizes;
                  (f)   that the association itself may or does make a profit from
                        subscriptions, donations, sponsorship or the sale of any
25                      broadcasting rights;
                  (g)   that the association provides facilities or services for its
                        members;
                  (h)   that the association trades or may trade with its members or
                        with the public, so long as --
30                        (i)    the trading is ancillary to the principal purpose of the
                                 association; and
                          (ii)   any trading with the public is not substantial in
                                 volume in relation to the other activities of the
                                 association;



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                                   [Draft Bill for public comment]
                                     Associations Incorporation Bill 2006
Some circumstances that do not make an association ineligible Schedule 1
                                           for incorporation




          (i)   that the association charges admission fees to displays,
                exhibitions, contests, sporting fixtures or other occasions
                organised for the promotion of the objects or purposes of the
                association.




                                                                    page 123
                          [Draft Bill for public comment]
     Associations Incorporation Bill 2006
     Schedule 2      Vesting of property and liabilities on incorporation

     cl. 1



                Schedule 2 -- Vesting of property and liabilities
                              on incorporation
                                                                             [s. 25(2) and 133]

     1.          Terms used in this Schedule
 5               In this Schedule, unless the contrary intention appears --
                 "former association" means --
                         (a)      the association that is incorporated to form an
                                  incorporated association under section 18; or
                         (b)    an incorporated association that is a party to an
10                              amalgamation under Part 8,
                         as the case may be;
                 "incorporated association" means --
                      (a) an incorporated association under section 18; or
                         (b)      a new body that is incorporated under section 131,
15                       as the case may be.

     2.          Transfer of assets and liabilities and related provisions
          (1)    On the incorporation of an association under section 18 or 131 --
                  (a) the property of a former association vests, by virtue of this
                         subclause, in the incorporated association; and
20                (b) the rights and liabilities of a former association become, by
                         virtue of this subclause, the rights and liabilities of the
                         incorporated association; and
                   (c)         proceedings by or against a former association subsisting
                               immediately before the incorporation may be continued by or
25                             against the incorporated association; and
                   (d)         proceedings that might have been brought by or against a
                               former association immediately before the incorporation may
                               be commenced by or against the incorporated association;
                               and
30                 (e)         any act, matter or thing done or omitted to be done before the
                               incorporation by, to or in respect of a former association is, to
                               the extent to which the act, matter or thing has any force or

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                                         [Draft Bill for public comment]
                                               Associations Incorporation Bill 2006
                    Vesting of property and liabilities on incorporation Schedule 2

                                                                                      cl. 3



                        effect, taken to have been done or omitted by, to or in respect
                        of the incorporated association; and
                  (f)   a reference in an agreement or instrument to a former
                        association is unless --
 5                         (i) the context otherwise requires; or
                          (ii)   the regulations otherwise provide,
                        to be read as, or as including, a reference to the incorporated
                        association.
          (2)   On the incorporation of an association under section 18 any property
10              held by a person for or on behalf of the former association vests, by
                virtue of this subclause, in the incorporated association.
          (3)   The operation of a provision of this clause does not have effect to
                relieve or release a person from any liability incurred by or on behalf
                of a former association before its incorporation under section 18.

15   3.         Trusts etc. not affected
                Any property vested in an incorporated association by clause 2 is
                vested subject to any trust, restriction or obligation to which the
                property was subject immediately before it became so vested.

     4.         Notation of registers
20              On --
                  (a)   the application of an incorporated association in which any
                        estate or interest in land has been vested by clause 2; and
                  (b)   the production of such duplicate instruments of title and other
                        documents as the Registrar of Titles or the Registrar of Deeds
25                      may require,
                the Registrar of Titles or the Registrar of Deeds is to record and
                register the vesting in the appropriate manner.




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     Associations Incorporation Bill 2006
     Schedule 3      Content of rules of an incorporated association
     Division 1      Matters to be provided for in rules




                        Schedule 3 -- Content of rules of an
                             incorporated association
                                                                                 [s. 57]

                  Division 1 -- Matters to be provided for in rules
 5   1.         The qualifications (if any) for membership of the incorporated
                association.
     2.         The register of members of the incorporated association, but subject
                to regulations made for the purposes of section 89.
     3.         The voting rights of members or classes of members at general
10              meetings of the incorporated association.
     4.         The entrance fees, subscriptions and other amounts (if any) to be paid
                by members of the incorporated association.
     5.         The name, constitution, membership and powers of the management
                committee of the incorporated association ("the committee") and
15              provision for --
                  (a) the election or appointment of members of the committee;
                        and
                  (b) the terms of office of members of the committee; and
                  (c)    the grounds on which, or reasons for which, the office of a
20                       member of the committee is to become vacant; and
                  (d)    the filling of casual vacancies occurring on the committee;
                         and
                  (e)    the quorum and procedure at meetings of the committee.
     6.         The quorum and procedure at general meetings of members of the
25              incorporated association.
     7.         The time within which, and manner in which, notices of general
                meetings and notices of motion are to be given, published or
                circulated.
     8.         Subject to Division 2 item 1, the number of members, expressed as a
30              percentage of membership, who may at any time require that a general
                meeting of the incorporated association be convened.



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                                   [Draft Bill for public comment]
                                            Associations Incorporation Bill 2006
                   Content of rules of an incorporated association  Schedule 3
                                Matters to be provided for in rules  Division 1




     9.    The manner in which the funds of the incorporated association are to
           be controlled.
     10.   Subject to Division 2 items 2 and 3, the day in each year on which the
           financial year of the incorporated association commences.
 5   11.   The intervals between general meetings of members of the
           incorporated association and the manner of calling general meetings.
     12.   Subject to Part 5 Division 4 and Schedule 6 clause 14, the manner of
           amending and revoking the rules of the incorporated association.
     13.   Provisions for the custody and use of the common seal of the
10         incorporated association.
     14.   The custody of records, books, documents and securities of the
           incorporated association.
     15.   Subject to Part 5 Division 5 and Part 6 Divisions 6 and 7, the
           inspection by members of the incorporated association of records and
15         documents of the incorporated association.
     16.   A procedure for dealing with any dispute under or relating to the
           rules --
             (a) between members; or
             (b)    between members and the incorporated association.
20   17.   Subject to section 58, the manner in which surplus property of the
           incorporated association is to be distributed or dealt with if the
           association is wound up or its incorporation is cancelled.
     18.   The provisions that are to apply to removal from office of the public
           officer of the incorporated association, including the procedure to be
25         followed.




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                             [Draft Bill for public comment]
     Associations Incorporation Bill 2006
     Schedule 3      Content of rules of an incorporated association
     Division 2      Particular requirements for certain rules
     cl. 1




                Division 2 -- Particular requirements for certain rules

     1.          Number of members who may call a general meeting
                 The rules referred to in Division 1 item 8 cannot specify greater than
                 the prescribed percentage of members as the number of members who
 5               may at any time require that a general meeting be convened in
                 accordance with the rules of the incorporated association.

     2.          Financial year of associations incorporated under this Act
          (1)    In this clause --
                 "rules" means rules made for the purposes of Division 1 item 10.
10        (2)    This clause applies to an association incorporated after the
                 commencement of this Act other than an association to which
                 Schedule 6 clause 4(3) applies.
          (3)    The first financial year of an incorporated association after its
                 incorporation is to be a period fixed by its rules, but not exceeding
15               15 months commencing on the day of incorporation.
          (4)    Subsequent financial years of an incorporated association are to be the
                 period of 12 months commencing at the termination of the first
                 financial year or the anniversary of that termination.
          (5)    Subclause (4) does not limit the power of an incorporated association
20               to amend its rules so that its financial year is some other period of
                 12 months and, if it does so, an initial period of more or less than
                 12 months may be determined to be the financial year so far as is
                 necessary for the transition from one period to another.

     3.          Transitional provisions as to financial year of associations
25               incorporated under a repealed Act
          (1)    In this clause --
                 "rules" means rules made for the purposes of Division 1 item 10.




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                                             Associations Incorporation Bill 2006
                    Content of rules of an incorporated association  Schedule 3
                          Particular requirements for certain rules   Division 2
                                                                              cl. 3



     (2)   This clause applies to --
             (a) an association that was incorporated under a repealed Act and
                   whose incorporation has effect immediately before the
                   commencement of this Act; and
 5           (b) an association to which Schedule 6 clause 4(3) applies.
     (3)   Subject to Schedule 6 clause 12(2), the financial year of an
           incorporated association to which this clause applies is to be a period
           of 12 months fixed by its rules.
     (4)   Subclause (3) does not limit the power of an incorporated association
10         to amend the provision in its rules that fixes its financial year.
     (5)   If --
              (a)    the period fixed by an incorporated association for the
                     purposes of subclause (3) is different from the period
                     previously applicable to the association; or
15           (b)     an incorporated association amends its rules as mentioned in
                     subclause (4),
           an initial period of more or less than 12 months may be determined to
           be the financial year so far as is necessary for the transition from one
           period to another.
20   (6)   Until an incorporated association to which this clause applies amends
           its rules for the purposes of Division 1 item 10 --
              (a) the financial year of the association continues to be that fixed
                     under the repealed Act; and
              (b) the definition of "financial year" in section 3 is taken to
25                   provide accordingly.




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                               [Draft Bill for public comment]
     Associations Incorporation Bill 2006
     Schedule 4      Modifications to text of Parts 5.4 to 5.8 of the Corporations Act




          Schedule 4 -- Modifications to text of Parts 5.4 to 5.8 of
                         the Corporations Act
                                                                                 [s. 136]
     1.         A reference to a company is to be read as a reference to an
 5              incorporated association.
     2.         A reference in Part 5.7 to a Part 5.7 body is to be read as a reference
                to an incorporated association.
     3.         A reference to the directors of a company is to be read as a reference
                to the members of the management committee of an incorporated
10              association.
     4.         A reference to the secretary of a company is to be read as a reference
                to the public officer of an incorporated association or, if applicable,
                the person referred to in Schedule 6 clause 18(5).
     5.         A reference to the principal place of business of a company is to be
15              read as a reference to the address of an incorporated association given
                to the Commissioner under section 11(2), 17 or 130(1)(b).
     6.         A reference to ASIC is to be read as a reference to the Commissioner.
     7.         A reference to the Court is to be read as a reference to the Supreme
                Court.
20   8.         A reference to the deregistration of a company is to be read as a
                reference to the cancellation of the incorporation of an association.




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                                              Associations Incorporation Bill 2006
          Grounds on which an incorporated association may be wound   Schedule 5
                                            up by the Supreme Court




             Schedule 5 -- Grounds on which an incorporated
            association may be wound up by the Supreme Court
                                                                                  [s. 163]
     1.          The incorporated association was not at the time of incorporation
 5               eligible for incorporation under this Act.
     2.          The incorporation of the association was obtained by fraud or
                 mistake.
     3.          The incorporated association has fewer than 6 members who under its
                 rules have the right to vote at its general meetings either in person or
10               by proxy or postal vote.
     4.          The incorporated association has suspended its operations, or has in
                 effect been dormant, for a whole year.
     5.          The incorporated association is unable to pay its debts as and when
                 they become due and payable.
15   6.          The incorporated association has engaged in activities outside the
                 scope of its objects or purposes or has ceased to pursue those objects
                 or purposes.
     7.          The management committee of the incorporated association has acted
                 oppressively in relation to members.
20   8.          The following circumstances apply --
                   (a)   the incorporated association has contravened a provision of
                         this Act that applies to it or the public officer of the
                         incorporated association has contravened a provision of this
                         Act that applies to that officer; and
25                 (b)   the Commissioner has by notice in writing given to the
                         association or the public officer, as the case may be, required
                         the association or the public officer to remedy the
                         contravention within 60 days after the notice was given; but
                   (c)   the association or the public officer has failed or refused to
30                       do so.
     9.          The incorporated association has failed to comply with a direction of
                 the Commissioner under section 50 or 173.



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                                   [Draft Bill for public comment]
    Associations Incorporation Bill 2006
    Schedule 5      Grounds on which an incorporated association may be wound




    10.        The incorporated association has itself, or as a trustee, traded or
               secured pecuniary profit for the members of the association.
    11.        The incorporated association has by special resolution resolved that it
               be wound up by the Supreme Court.
5   12.        The Supreme Court is of the opinion that it is just and equitable that
               the incorporated association should be wound up.




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                                  [Draft Bill for public comment]
                                                      Associations Incorporation Bill 2006
                                                      Transitional provisions Schedule 6
                                                                 Preliminary   Division 1
                                                                                       cl. 1



                      Schedule 6 -- Transitional provisions
                                                                                 [s. 231(2)]

                                   Division 1 -- Preliminary

     1.           Interpretation
 5        (1)     In this Schedule --
                  "existing incorporated association" means an association --
                       (a)   that was incorporated under a repealed Act; and
                       (b)   whose incorporation has effect immediately before the
                             commencement of this Act.
10        (2)     This Schedule is in addition to the provisions of the Interpretation
                  Act 1984 and, unless the contrary intention appears, does not limit or
                  otherwise affect the operation of those provisions.

                    Division 2 -- Existing incorporated associations

     2.           Incorporation continued
15                An existing incorporated association is taken to be an association
                  incorporated under this Act.

     3.           Committee of existing association
                  A committee of an existing incorporated association, or other body
                  having the management of the affairs of an existing incorporated
20                association, is taken to be a management committee for the purposes
                  of section 70.

                Division 3 -- Continuation of certain matters in progress

     4.           Existing applications for incorporation
          (1)     If before the commencement of this Act --
25                   (a) an application for the incorporation of an association was
                           made under the repealed Act; but




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     Associations Incorporation Bill 2006
     Schedule 6      Transitional provisions
     Division 3      Continuation of certain matters in progress
     cl. 5



                  (b)   the association had not been incorporated or the application
                        refused,
                the application may be dealt with and completed under the repealed
                Act as if it had not been repealed.
 5        (2)   If an association to which subsection (1) applies is refused
                incorporation as mentioned in section 9(3) of the repealed Act, that
                subsection applies as if it had not been repealed.
          (3)   If an association to which subsection (1) applies is incorporated --
                   (a) the rules of the association are, despite section 60, the rules
10                       accepted for the purposes of the incorporation; and
                   (b) the association is taken to be an association incorporated
                         under this Act.

     5.         Rule alteration in progress
          (1)   This clause applies if --
15                (a) before the commencement of this Act an incorporated
                        association has, for the purposes of section 17 of the repealed
                        Act, passed a special resolution altering its rules but the
                        period specified or a period allowed under that section has
                        not expired; and
20                (b) the association complies with that section in respect of the
                        alteration after the commencement of this Act.
          (2)   The alteration to which the special resolution relates takes effect as if
                section 17 of the repealed Act had not been repealed.

     6.         Applications under repealed section 18 or 19
25        (1)   This clause applies if before the commencement of this Act --
                  (a) an application has been made for an approval under
                        section 18 or 19 of the repealed Act; but
                  (b)   the application has not been determined by the Commissioner
                        or has been so determined but the time allowed for an
30                      application to be made under that section for a review of the
                        determination has not expired.



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                                               Associations Incorporation Bill 2006
                                               Transitional provisions Schedule 6
                           Continuation of certain matters in progress  Division 3
                                                                                cl. 7



          (2)   The application may be dealt with and completed and an application
                for review may be made as if section 18 or 19 of the repealed Act, as
                the case may be, had not been repealed.
     7.         Applications for extension of time under repealed section 23(1)
 5              If at the commencement of this Act an application for an extension of
                time under section 23(1) of the repealed Act has been made but has
                not been determined by the Commissioner, the application may be
                dealt with and completed as if that section had not been repealed.
     8.         Applications for review made but not determined
10        (1)   In this clause --
                "repealed provision" means section 4(6), 7(2), 8(2), 9(3), 18(4) or
                    19(3) of the repealed Act.
          (2)   An application to the State Administrative Tribunal for a review of a
                decision of the Commissioner under a repealed provision that has
15              been made but not finally determined before the commencement of
                this Act may be heard and determined as if that provision had not
                been repealed.
     9.         Voluntary winding up in progress
          (1)   This clause applies if before the commencement of this Act --
20                (a) a resolution has been duly passed under section 30(1) of the
                        repealed Act for the voluntary winding up of an incorporated
                        association; but
                  (b) dissolution of the association has not taken effect under
                        section 30(3) of that Act.
25        (2)   The repealed Act applies, as if it had not been repealed, to the
                winding up of the incorporated association and its dissolution
                including --
                  (a) the distribution of surplus property in accordance with
                        section 33; and
30                (b)   the application of section 36 in the circumstances mentioned
                        in subsection (1) of that section.
          (3)   If an association is dissolved under section 30(3) of the repealed Act,
                the Commissioner must, by instrument in writing, cancel the


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     Associations Incorporation Bill 2006
     Schedule 6      Transitional provisions
     Division 4      Amendment of rules by existing incorporated associations and
                     associations to which clause 4(3) applies
     cl. 10


                 incorporation of the association with effect on and from a day that the
                 Commissioner considers appropriate and specifies in the instrument.
           (4)   The Commissioner may cause an instrument under subclause (3) to be
                 published in the Gazette if the Commissioner considers that public
 5               notification of the cancellation is desirable.

     10.         Notice given under repealed section 34(1)
                 If before the commencement of this Act --
                    (a) a notice has been given to an incorporated association under
                          section 34(1) of the repealed Act; and
10                 (b)   the period of 3 months mentioned in section 34(2) of that Act
                         has not expired,
                 the incorporated association may make a request to the Commissioner
                 under section 34(2), and the Commissioner may make an order under
                 that section which is to apply as if it had not been repealed.

15   11.         Notice given under repealed section 35
                 If before the commencement of this Act a notice has been given to an
                 incorporated association under section 35(1) of the repealed Act but
                 the Commissioner's powers under that section have not been
                 exercised --
20                  (a) the Commissioner may exercise the powers conferred by that
                          section, but subject to section 35(2)(b) of the repealed Act;
                          and
                    (b) section 36 of the repealed Act has effect,
                 in relation to the association as if the repealed Act had not been
25               repealed.

             Division 4 -- Amendment of rules by existing incorporated
              associations and associations to which clause 4(3) applies

     12.         Amendment of rules
           (1)   In this clause --
30               "new requirements" means the requirements of section 57 when
                     read with Schedule 3 items 3, 8, 10, 16, 17 and 18.

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                                    [Draft Bill for public comment]
                                            Associations Incorporation Bill 2006
                                            Transitional provisions Schedule 6
      Amendment of rules by existing incorporated associations and   Division 4
                         associations to which clause 4(3) applies
                                                                           cl. 13


           (2)   To allow time for an existing incorporated association to ensure that
                 its rules comply with the new requirements, those requirements do not
                 apply to an existing incorporated association until the expiry of --
                    (a) 18 months after the commencement of this Act; or
 5                 (b)   such longer period as the Commissioner may, on application
                         made by the association, from time to time allow by
                         instrument in writing.
           (3)   To allow time for an association to which clause 4(3) applies to
                 ensure that its rules comply with the new requirements, those
10               requirements do not apply to the association until the expiry of --
                   (a)   18 months after the incorporation of the association; or
                   (b)   such longer period as the Commissioner may, on application
                         made by the association, from time to time allow by
                         instrument in writing.

15   13.         Rules of existing incorporated associations to which repealed
                 Schedule 2 clause 4 applied
           (1)   In this clause --
                 "incorporated association to which the 1895 Act applied" means
                       an incorporated association which immediately before the
20                     commencement of this Act had the benefit of the exemption in
                       Schedule 2 clause 4 of the repealed Act.
           (2)   To allow time for an incorporated association to which the 1895 Act
                 applied to ensure that its rules comply with section 57, those
                 requirements do not apply to the association until the expiry of --
25                 (a) 18 months after the commencement of this Act; or
                   (b)   such longer period as the Commissioner may, on application
                         made by the association, from time to time allow by
                         instrument in writing.

     14.         Amendments may be made by management committee
30         (1)   This clause has effect despite the provisions of Part 5 Division 4.
           (2)   The management committee of an incorporated association may, by
                 resolution made not later than 18 months after the commencement of


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     Associations Incorporation Bill 2006
     Schedule 6      Transitional provisions
     Division 4      Amendment of rules by existing incorporated associations and
                     associations to which clause 4(3) applies
     cl. 15


                 this Act, make any amendment to the rules of the association that is
                 required to ensure that the rules comply with section 57.
           (3)   An amendment referred to in subclause (2) does not take effect unless
                 it is approved by the Commissioner.
 5         (4)   The public officer of the incorporated association must, within
                 28 days after the management committee passes a resolution under
                 subclause (2) to amend the rules of the association, apply to the
                 Commissioner in the approved form for approval of the amendment.
           (5)   If the Commissioner refuses to approve an amendment under this
10               clause, the incorporated association may apply to the State
                 Administrative Tribunal for a review of the decision of the
                 Commissioner.
           (6)   An application under subclause (5) must be made within --
                  (a) 28 days; or
15                 (b)   such other period as is prescribed,
                 after the incorporated association receives notice of the refusal.
           (7)   If the amendment is approved, the incorporated association must give
                 notice of the amendment to its members with notice of the next annual
                 general meeting of the association after the approval is given.

20   15.         Liability of incorporated association if rules are not made
                 compliant
           (1)   In this clause --
                 "transition period" in relation to an incorporated association means
                       the period allowed by or under clause 12 or 13 for the
25                     association to ensure that its rules comply with the new
                       requirements or with section 57, as the case may be.
           (2)   If at the end of the transition period in relation to an incorporated
                 association the rules of the association do not comply with section 57,
                 the association commits an offence and is liable to a fine of $5 000.
30         (3)   Subclause (2) does not affect any liability that a member of the
                 management committee of an incorporated association may have



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                                              Associations Incorporation Bill 2006
                                              Transitional provisions Schedule 6
       Other things to be done by existing incorporated associations   Division 5
                       and associations to which clause 4(3) applies
                                                                             cl. 16


                 under section 71 for the failure of the association to comply with
                 section 57(2).

     16.         Act modifications pending amendment of rules
           (1)   This clause applies pending the amendment of the rules of an existing
 5               incorporated association or an association to which clause 4(3) applies
                 to include the provisions required by Schedule 3 items 17 and 18.
           (2)   Until the provisions required by Schedule 3 item 17 are included in
                 the rules, section 143(1) has effect in respect of an association
                 referred to in subclause (1) as if paragraph (a) were omitted from that
10               subsection.
           (3)   Subclause (2) does not apply if the rules of an association referred to
                 in subclause (1) already make the provision referred to in Schedule 3
                 item 17.
           (4)   Until the provisions required by Schedule 3 item 18 are included in
15               the rules, section 79(3) has effect in respect of an association referred
                 to in subclause (1) as if the words "in accordance with its rules" were
                 omitted from that subsection.

           Division 5 -- Other things to be done by existing incorporated
             associations and associations to which clause 4(3) applies
20   17.         Notification of address
           (1)   An existing incorporated association must in writing notify the
                 Commissioner of the address of the association not later than 90 days
                 after the commencement of this Act.
           (2)   An association to which clause 4(3) applies must in writing notify the
25               Commissioner of the address of the association not later than 90 days
                 after the association is incorporated.
           (3)   An address notified under subclause (1) or (2) by an incorporated
                 association may be the same as the residential address of the public
                 officer of the association.




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     Associations Incorporation Bill 2006
     Schedule 6      Transitional provisions
     Division 5      Other things to be done by existing incorporated associations
                     and associations to which clause 4(3) applies
     cl. 18


     18.         Appointment of public officer
           (1)   To allow time for an existing incorporated association to comply with
                 section 77(1), that subsection does not apply to an existing
                 incorporated association until the expiry of --
 5                 (a) 90 days after the commencement of this Act; or
                   (b)   such longer period as the Commissioner may, on application
                         made by the association, from time to time allow by
                         instrument in writing.
           (2)   To allow time for an association to which clause 4(3) applies to
10               comply with section 77(1), that subsection does not apply to the
                 association until the expiry of --
                   (a)   90 days after the incorporation of the association; or
                   (b)   such longer period as the Commissioner may, on application
                         made by the association, from time to time allow by
15                       instrument in writing.
           (3)   A public officer must, within 14 days after being appointed for the
                 purposes of this clause, give written notice of the appointment to the
                 Commissioner in the approved form.
                 Penalty: a fine of $1 000.
20         (4)   The notice must include the person's full name and the person's
                 residential and postal addresses (which may be the same).
           (5)   Until a public officer is appointed by an existing incorporated
                 association, a provision of this Act that confers or imposes a function,
                 power or duty on a public officer is to be read as if that function,
25               power or duty were conferred or imposed on the person who is
                 normally entitled to preside at meetings of the management
                 committee of the association.

     19.         Keeping of register of members
           (1)   To allow time for an existing incorporated association to comply with
30               section 89(a), that provision does not apply to an existing
                 incorporated association until the expiry of --
                   (a)   18 months after the time when this Act and regulations made
                         for the purposes of section 89(a) have commenced; or


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                                                     Transitional provisions Schedule 6
                                                          Other provisions    Division 6
                                                                                    cl. 20



                   (b)   such longer period as the Commissioner may, on application
                         made by the association, from time to time allow by
                         instrument in writing.
           (2)   Until the expiry of the period allowed by or under subclause (1) it is
 5               sufficient if an existing incorporated association maintains its register
                 of members in accordance with section 27 of the repealed Act.

                              Division 6 -- Other provisions

     20.         When accounts and audit provisions start to apply to existing
                 incorporated associations
10         (1)   In this section --
                 "new accounts and audit requirements" means Part 7 Divisions 1
                       and 2 (except section 101) and Division 3 Subdivisions 1 and 3.
           (2)   If the day on which this Act commences falls after the beginning of
                 the current financial year of an existing incorporated association the
15               new accounts and audit requirements apply in respect of the next and
                 subsequent financial years of the association, and in respect of the
                 current financial year sections 25 and 26 of the repealed Act apply to
                 the association as if they had not been repealed.
           (3)   Except as provided in subclause (2), Part 7 applies to an existing
20               incorporated association on and after the commencement of this Act.

     21.         Property vested under repealed section 36
                 If immediately before the commencement of this Act property of an
                 incorporated association is vested in the Commissioner under
                 section 36 of the repealed Act --
25                  (a) the Commissioner may perform the functions conferred by
                          that section in respect of the association and its property; and
                   (b)   section 36(2) and (3) have effect,
                 as if that section had not been repealed.

     22.         Constructive notice under section 189 of this Act
30               The rights, liabilities and remedies of persons in respect of acts,
                 omissions, circumstances and things that occurred before the

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     Associations Incorporation Bill 2006
     Schedule 6      Transitional provisions
     Division 7      Further provision may be made
     cl. 23



                 commencement of section 203 are to be determined as if that
                 section had not been passed.

     23.         Time limit under section 214 of this Act
                 Section 228 of this Act does not apply to an offence committed
 5               against the repealed Act.

     24.         References in written laws
                 A reference in a written law to an association incorporated under this
                 Act includes a reference to an existing incorporated association that is
                 taken by clause 2 to be incorporated under this Act.

10                   Division 7 -- Further provision may be made

     25.         Regulations
           (1)   The regulations may make provision for a transitional matter if there
                 is no sufficient provision made in this Schedule for the matter, but no
                 regulation may be made under this subclause after this Act has been in
15               operation for 12 months.
           (2)   Regulations made for the purposes of subclause (1) may provide that
                 a specific provision of this Act --
                    (a) does not apply; or
                   (b)    applies with any specific modification,
20               to or in relation to a matter.
           (3)   Regulations made for the purposes of subclause (1) may provide that
                 a state of affairs is taken to have existed, or not to have existed, on
                 and from a day that is --
                   (a)    earlier than the day on which the regulations are published in
25                        the Gazette; but
                   (b)    not earlier than the day on which this Act came into
                          operation.




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                                          Transitional provisions Schedule 6
                                 Further provision may be made     Division 7
                                                                         cl. 25



    (4)   A provision referred to in subclause (3) does not operate so as --
            (a) to affect in a manner prejudicial to any person (other than the
                  State) the rights of that person existing before the day on
                  which the regulations are published in the Gazette; or
5           (b) to impose liabilities on any person (other than the State) in
                  respect of anything done or omitted to be done before that
                  day.




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     Associations Incorporation Bill 2006
     Schedule 7      Consequential amendments

     cl. 1



                    Schedule 7 -- Consequential amendments
                                                                               [s. 232]

     1.         Children and Community Services Act 2004 amended
          (1)   The amendments in this clause are to the Children and Community
 5              Services Act 2004*.
                [*Act No. 34 of 2004.
                   For subsequent amendments see Western Australian Legislation
                   Information Tables for 2005, Table 1, and Act No. 35 of 2006.]
          (2)   Section 197 is amended in the definition of "managerial officer", in
10              paragraph (b), by deleting "1987 section 3, a member of the" and
                inserting instead --
                "    2006 section 3, a member of the management ".

     2.         Criminal Procedure Act 2004 amended
          (1)   The amendments in this clause are to the Criminal Procedure
15              Act 2004*.
                [*Act No. 71 of 2004.]
          (2)   Schedule 2 clause 4(2)(c) is amended by deleting "1987 section 41"
                and inserting instead --
                "    2006 section 81 ".

20   3.         Education Service Providers (Full Fee Overseas Students)
                Registration Act 1991 amended
          (1)   The amendments in this clause are to the Education Service Providers
                (Full Fee Overseas Students) Registration Act 1991*.
                [*Reprint 1 as at 9 May 2003.
25                 For subsequent amendments see Western Australian Legislation
                   Information Tables for 2005, Table 1.]
          (2)   Section 11(a)(ii) is amended as follows:
                    (a)   by deleting "1987" and inserting instead --
                          "   2006 ";

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                                                 Consequential amendments    Schedule 7

                                                                                     cl. 4



                    (b)       by inserting after "members of the" --
                              "   management ".

     4.         Hale School Act 1876 amended
          (1)   The amendments in this clause are to the Hale School Act 1876*.
 5              [*Reprinted as at 17 June 2002.
                   For subsequent amendments see Western Australian Legislation
                   Information Tables for 2005, Table 1.]
          (2)   Each of sections 1A, in the definition of "Association", and 9 are
                amended by deleting "1987" and inserting instead --
10              "    2006 ".

     5.         Law Society Public Purposes Trust Act 1985 amended
          (1)   The amendments in this clause are to the Law Society Public
                Purposes Trust Act 1985*.
                [*Reprint 1 as at 6 February 2004.]
15        (2)   Section 2(1) is amended in the definition of "Law Society" by
                deleting "established under the Associations Incorporation Act 1895"
                and inserting instead --
                          "
                                  incorporated under the Associations Incorporation
20                                Act 2006
                                                                                       ".

     6.         Liquor Licensing Act 1988 amended
          (1)   The amendments in this clause are to the Liquor Licensing Act 1988*.
                [*Reprint 4 as at 9 June 2006.]
25        (2)   Section 49(1)(a)(i) and (6) are each amended by deleting "1987" and
                inserting instead --
                "    2006 ".



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     Associations Incorporation Bill 2006
     Schedule 7      Consequential amendments

     cl. 7



          (3)   Schedule 2 is amended in each of Division 1 clause 1 in the definition
                of "the League", and Division 2 clause 1 in the definition of "the
                Association", by deleting "1987" and inserting instead --
                "    2006 ".

 5   7.         School Education Act 1999 amended
          (1)   The amendments in this clause are to the School Education Act 1999*.
                [*Reprint 1 as at 3 September 2004.
                   For subsequent amendments see Western Australian Legislation
                   Information Tables for 2005, Table 1, and Act No. 34 of 2004.]
10        (2)   Each of sections 139(2) and 148(2)(b) are amended by deleting
                "section 31 of " and inserting instead --
                "    Schedule 5 to ".
          (3)   Each provision specified in the Table to this subclause is amended by
                deleting "1987" and inserting instead --
15              "    2006 ".
                                               Table
                    s. 130(3)(a)(ii)                 s. 145(3)
                    s. 137(2)                        s. 148(2) and (3)
                    s. 138(1)                        s. 195(1)(a)
                    s. 139(1), (2) and (3)
          (4)   Section 141 is amended in the definition of "incorporated association"
                by deleting "1987" and inserting instead --
                "    2006 ".

20   8.         Taxation Administration Act 2003 amended
          (1)   The amendments in this clause are to the Taxation Administration
                Act 2003*.
                [*Reprint 1 as at 14 October 2005.
                   For subsequent amendments see Act No. 38 of 2005.]



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                                              Consequential amendments    Schedule 7

                                                                                          cl. 9



           (2)   Section 67(11)(b) is amended by deleting "corporate that has been
                 incorporated under the Associations Incorporation Act 1987." and
                 inserting instead --
                            "
 5                               that is incorporated under the Associations
                                 Incorporation Act 2006.
                                                                                              ".
     9.          Volunteers (Protection from Liability) Act 2002 amended
           (1)   The amendments in this clause are to the Volunteers (Protection from
10               Liability) Act 2002*.
                 [*Act No. 32 of 2002.]
           (2)   Section 3(1) is amended in the definition of "community
                 organisation" by deleting "1987" and inserting instead --
                 "    2006 ".
15         (3)   Section 3(1) is amended in the definition of "community work" as
                 follows:
                     (a)   by inserting "or" after paragraphs (a) to (i);
                     (b)   by deleting paragraph (j) and "or" after it.

     10.         References to "1895" amended to "2006" in various Acts
20               Each provision specified in the Table to this clause is amended by
                 deleting "1895" and inserting instead --
                 "    2006 ".
                                                Table
                 Companies (Co-operative)               s. 8(a) and 28(1)(a)(iv) and (6)(c)
                 Act 1943
                 Cremation Act 1929                     s. 4(1)(b)
                 Legal Aid Commission                   s. 4(1) in the definition of "Law
                 Act 1976                               Society"
                 Legal Contribution Trust               s. 4(1) in the definition of "Society"
                 Act 1967


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                                     [Draft Bill for public comment]
    Associations Incorporation Bill 2006
    Schedule 7      Consequential amendments

    cl. 11



    11.        References to "1987" amended to "2006" in various Acts
               Each provision specified in the Table to this clause is amended by
               deleting "1987" and inserting instead --
               "   2006 ".
5                                           Table
               Companies (Co-operative)             s. 176A(1)(b)
               Act 1943
               Equal Opportunity Act 1984           s. 4(1) in the definition of
                                                    "incorporated association"
               Gaming and Wagering                  s. 38(b)
               Commission Act 1987
               Insurance Commission of              s. 3 in the definition of
               Western Australia Act 1986           "community organisation"
                                                    paragraph (a)
               Local Government Act 1995            s. 5.74(1) in the definition of
                                                    "corporation" paragraph (e)
               Members of Parliament                s. 3(1) in the definition of
               (Financial Interests)                "corporation" paragraph (e)
               Act 1992
               Planning and Development             s. 182(2)(b)
               Act 2005
               Western Australian Treasury          Schedule 1 item 1
               Corporation Act 1986




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                                                          Associations Incorporation Bill 2006



                                                                                                  Defined Terms



                                       Defined Terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined Term                                                                                             Provision(s)
a repealed Act .......................................................................................................3
accounting records ..............................................................................................99
activity ..........................................................................................................Sch. 1
address ........................................................................................................... 94(1)
address of the public officer........................................................................... 81(1)
amend....................................................................................................................3
annual general meeting .........................................................................................3
annual return ................................................................................................ 105(1)
another body corporate ................................................................................ 173(1)
any record or thing ....................................................................................... 207(6)
approved ...............................................................................................................3
association.............................................................................................................3
auditor ...............................................................................................................117
Australian Accounting Standards......................................................................117
authorised officer ......................................................................... 182(1), 204, 215
body ............................................................................................................. 144(1)
body corporate ............................................................................................... 55(1)
chief executive officer.................................................................................. 225(1)
Commissioner .......................................................................................................3
Department............................................................................................................3
distribution plan ................................................................................................134
executive officer .......................................................................................... 192(1)
existing incorporated association ..................................................... Sch. 6 cl. 1(1)
expenses ....................................................................................................... 188(1)
financial statements.............................................................................................99
financial transactions ................................................................................... 103(1)
financial year............................................................................................ 3, 103(3)
former association.................................................................................Sch. 2 cl. 1
gross receipts or gross income ............................................................................99
incorporated association............................................................3, 204, Sch. 2 cl. 1
incorporated association to which the 1895 Act applied................ Sch. 6 cl. 13(1)
information................................................................................................... 195(1)
liability..................................................................................................................3
management committee ........................................................................................3
meeting ........................................................................................................ 182(1)
new accounts and audit requirements ............................................ Sch. 6 cl. 20(1)
new body.............................................................................................. 128, 129(1)
new requirements ........................................................................... Sch. 6 cl. 12(1)
officer....................................................................................................................3

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Associations Incorporation Bill 2006



Defined Terms



      prescribed body corporate...................................................................................48
      prescribed offence.............................................................................................215
      property.................................................................................................................3
      public officer.........................................................................................................3
      record ................................................................................................................204
      relevant contract........................................................................................... 144(1)
      relevant documents and records.......................................................... 72(1), 83(1)
      relevant interest...................................................................................................73
      relevant office holder ................................................................................... 180(1)
      relevant person ............................................................................................. 206(1)
      repealed provision............................................................................ Sch. 6 cl. 8(1)
      report.................................................................................................................117
      rules....................................................................................Sch. 3 cl. 2(1) and 3(1)
      served on ........................................................................................................ 81(1)
      special resolution ..................................................................................................3
      specified ..............................................................................180(1), 198(1), 206(1)
      surplus property ................................................................................... 134, 155(1)
      the committee................................................................................................Sch. 3
      the repealed Act ....................................................................................................3
      the transferee................................................................................................ 178(1)
      tier 1 incorporated association ............................................................................99
      tier 2 incorporated association ............................................................... 99, 109(1)
      tier 3 incorporated association ............................................................... 99, 110(1)
      transition period ............................................................................. Sch. 6 cl. 15(1)




page 150
                                          [Draft Bill for public comment]
             WESTERN AUSTRALIA




            Associations
           Incorporation
             Bill 2006
DRAFT BILL FOR PUBLIC COMMENT
The Government proposes to introduce into Parliament a Bill to
   provide for the incorporation and regulation of certain
   associations, to repeal the Associations Incorporation
   Act 1987 and for connected purposes.
 This draft Bill has been prepared for public comment but it
 does not necessarily represent the Government's settled

 


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