Associations Incorporation Act 2009 No 7
Current version for 4 July 2014 to date (accessed 19 December 2014 at 08:42)
Part 1

Part 1 Preliminary

1   Name of Act

This Act is the Associations Incorporation Act 2009.

2   Commencement

This Act commences on a day to be appointed by proclamation.

3   Objects of Act

The objects of this Act are:
(a)  to establish a scheme for the registration of associations that are constituted for the purpose of engaging in small-scale, non-profit and non-commercial activities, including:
(i)  associations that are currently unincorporated (which become bodies corporate when they are registered), and
(ii)  associations that are currently incorporated under other legislation (which retain their corporate status following registration), and
(b)  to make provision with respect to the corporate governance and financial accountability of associations registered under that scheme.

4   Definitions

(1)  In this Act:

approved, in relation to a form, means approved by the Director-General.

ASIC means the Australian Securities and Investments Commission.

assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.

association means an association registered under this Act.

Australian Accounting Standards means the standards issued by the Australian Accounting Standards Board, as in force for the time being, and including any modifications prescribed by the regulations.

Australian Auditing Standards means the standards issued by the Auditing and Assurance Standards Board, as in force for the time being, and including any modifications prescribed by the regulations.

authorised officer means a person who is appointed as an authorised officer under section 102.

authorised signatory, in relation to an association, means a person who is appointed under section 36 as an authorised signatory for the association, and includes the association’s public officer.

committee, in relation to an association, means the governing body of the association, however described.

committee member, in relation to an association, means a person who is elected or appointed under the association’s constitution as a committee member of the association.

constitution, in relation to an association, means the constitution that is recorded in the Register of Incorporated Associations in relation to the association.

corresponding law means:

(a)  the Co-operatives National Law (NSW), or
(b)  the Corporations Act 2001 of the Commonwealth,
and includes any law of this or another State or Territory, or any law of the Commonwealth, that is declared by the regulations to be a corresponding law for the purposes of this Act.

court includes tribunal.

Department means the Department of Finance and Services.

Director-General means:

(a)  the Commissioner for Fair Trading, Department of Finance and Services, or
(b)  if there is no such position in the Department, the Director-General of the Department.

exercise a function includes perform a duty.

financial year, in relation to an association, means:

(a)  a period of 12 months, or such other period (whether longer or shorter than 12 months) not exceeding 18 months as the association resolves, commencing on the date of incorporation of the association, and
(b)  each period of 12 months, or such other period (whether longer or shorter than 12 months) not exceeding 18 months as the association resolves, commencing at the expiration of the previous financial year of the association.

function includes a power, authority or duty.

liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).

model constitution means the model constitution prescribed by the regulations.

objects, in relation to an association, means the objects that are recorded in the Register of Incorporated Associations in relation to the association.

official address, in relation to an association, means the address that is recorded in the Register of Incorporated Associations as the association’s official address.

pecuniary gain—see section 5.

public officer, in relation to an association, means the person who is appointed as the association’s public officer, and, until he or she is replaced by a person so appointed, includes the person who is nominated as the association’s public officer in the association’s application for registration.

register of committee members, in relation to an association, means the register of committee members kept by the association for the purposes of section 29.

Register of Incorporated Associations means the Register of Incorporated Associations kept by the Director-General for the purposes of section 98.

registrable corporation means:

(a)  a co-operative (within the meaning of the Co-operatives National Law (NSW)), or
(b)  a company registered under the Corporations Act 2001 of the Commonwealth,
and includes any other entity that is constituted as a body corporate pursuant to registration under a corresponding law.

rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).

special resolution—see section 39.

unacceptable name—see section 18.

(2)  In this Act, a reference to the Corporations Act 2001 of the Commonwealth (or to a provision of that Act) as applying under this Act is a reference to that Act (or provision) to the extent to which it is declared to apply to a matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001.
(3)  Notes included in this Act do not form part of this Act.

5   Definition of “pecuniary gain”

(1)  An organisation provides pecuniary gain for its members if:
(a)  it carries on any activity for the purpose of securing pecuniary gain for its members, or
(b)  it has capital that is divided into shares or stock held by the organisation’s members, or
(c)  it holds property in which the organisation’s members have a disposable interest (whether directly, or in the form of shares or stock in the capital of the organisation or otherwise), or
(d)  it is an organisation that is, or is included in a class of organisations that is, prescribed by the regulations for the purposes of this subsection.
(2)  For the purposes of subsection (1) (a), an organisation does not provide pecuniary gain for its members merely because of any of the following:
(a)  the organisation itself makes a pecuniary gain, unless that gain or any part of it is divided among or received by the organisation’s members or any of them,
(b)  the organisation is established for the protection of a trade, business, industry or calling in which the organisation’s members are engaged or interested, but the organisation itself does not engage or take part in, or in any part or branch of, any such trade, business, industry or calling,
(c)  members of the organisation derive pecuniary gain through the enjoyment of facilities or services provided by the organisation for social, recreational, educational or other like purposes,
(d)  members of the organisation derive pecuniary gain from the organisation by way of bona fide payment of remuneration,
(e)  members of the organisation derive pecuniary gain from the organisation of a kind which they could also derive if they were not members of the organisation,
(f)  members of the organisation compete for trophies or prizes in contests directly related to the objects of the organisation,
(g)  the organisation provides pecuniary gain of a class prescribed by the regulations for the purposes of this section.
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