Contents (2009 - 7)
Associations Incorporation Act 2009 No 7
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Objects of Act
4 Definitions
5 Definition of “pecuniary gain”

Part 2 Registration of associations

Division 1 Registration

6 Application for registration
7 Decision on application
8 Incorporation of associations other than former registrable corporations
9 Continuity of incorporation of former registrable corporations

Division 2 Changing association’s name, objects, constitution or official address

10 Application for change of particulars
11 Director-General may direct association to change its name
12 Decision on application
13 Notification of change of official address
14 Effect of registration of change of name, objects, constitution or official address

Division 3 Reservation of names

15 Application for reservation of name
16 Decision on application
17 Duration of reservation of name
18 Unacceptable names

Part 3 Basic features of associations

Division 1 Association powers

19 Legal capacity and powers
20 Constitution may limit powers
21 Agent exercising association’s power to make contracts
22 Execution of documents (including deeds) by an association

Division 2 Assumptions people dealing with associations are entitled to make

23 Entitlement to make assumptions
24 Assumptions that may be made

Division 3 General

25 Provisions of model constitution to apply if appropriate provision not otherwise made
26 Nature of association
27 Pre-registration contracts

Part 4 Management of associations

Division 1 Committee members

28 Committee to be established
29 Register of committee members
30 Committee meetings
31 Disclosure of interests
32 Dishonest use of information
33 Dishonest use of position

Division 2 Public officer and authorised signatories

34 Public officer
35 Vacation of office of public officer
36 Authorised signatories

Division 3 General

37 General meetings
38 Voting generally
39 Voting on special resolutions
40 Association not to provide pecuniary gain for its members
41 Where name must appear

Part 5 Financial reporting

Division 1 Tier 1 associations

42 Application of Division
43 Financial statements
44 Submission of reports and statements to AGM
45 Lodgment of documents with Director-General

Division 2 Tier 2 associations

46 Application of Division
47 Financial statements
48 Submission of financial statements to AGM
49 Lodgment of summary with Director-General

Division 3 General

50 Keeping of accounts and minutes of proceedings
51 Audit at the Director-General’s direction
52 Auditor to be qualified and independent
53 Power of Director-General to grant exemptions

Part 6 External administration and winding up

Division 1 External administration on grounds of insolvency

54 Appointment of administrator—Corporations legislation

Division 2 External administration on grounds other than insolvency

55 Appointment of administrator by Director-General
56 Effect of appointment of administrator
57 Revocation of appointment
58 Expenses of administration
59 Liabilities arising from administration
60 Stay of proceedings
61 Administrator to report to Director-General

Division 3 Winding up

62 Voluntary winding up
63 Involuntary winding up
64 Modifications to text of applied Corporations Act 2001 of the Commonwealth
65 Distribution of surplus property
66 Appeal

Division 4 Offences relating to incurring of debts or fraudulent conduct

67 Definitions
68 Incurring of debts in respect of association to which this Division applies
69 Fraudulent conduct in respect of association to which this Division applies
70 Powers of Supreme Court
71 Certain rights not affected

Part 7 Cancellation and transfer of registration

Division 1 Voluntary cancellation

72 Application for cancellation
73 Director-General may direct association to apply for cancellation
74 Decision on application
75 Distribution of assets

Division 2 Involuntary cancellation

76 Director-General may cancel registration
77 Distribution of assets

Division 3 Transfer of registration

78 Application for transfer of registration declaration
79 Decision on application
80 Effect of transfer of registration declaration

Division 4 General

81 Loss of corporate status
82 Notice of cancellation to be sent to association
83 Certain liabilities not affected by cancellation
84 Reinstatement of registration

Part 8 Enforcement provisions

Division 1 Power to require information and documents

85 Power to require information and documents
86 Power to enter premises
87 Search warrants
88 Manner in which power of entry to be exercised
89 Damage to be minimised

Division 2 Offences

90 Offence of using certain names
91 Offences by committee members
92 Obstruction of authorised officers
93 Penalty notices
94 Proceedings for offences

Part 9 Application of Corporations legislation

95 Excluded matters
96 Applying the Corporations legislation to associations
97 Modifications to applied provisions

Part 10 Miscellaneous

98 Register of Incorporated Associations
99 Power of Director-General to refuse to register or reject documents
100 Evidentiary certificates
101 Service of documents
102 Authorised officers
103 Exclusion of personal liability
104 Review of decisions of Director-General
105 Waiver, remittal and postponement of fees
106 Delegation of Director-General’s functions
107 Regulations
108 (Repealed)
109 Review of Act

 Schedule 1 Matters to be addressed in association’s constitution

 Schedule 2 Provisions relating to association’s assets, rights and liabilities

 Schedule 3 (Repealed)

 Schedule 4 Savings, transitional and other provisions

Historical notes