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Contents (2009 - 7)
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Associations Incorporation Act 2009 No 7
Current version for 1 September 2016 to date (accessed 31 March 2017 at 03:44)
Part 2
Part 2 Registration of associations
Division 1 Registration
6   Application for registration
(1)  An application for registration of an association may be made to the Secretary on behalf of:
(a)  5 or more individuals, or
(b)  an unincorporated body having 5 or more members, or
(c)  a registrable corporation having 5 or more members or shareholders, or
(d)  2 or more existing associations together having 5 or more members.
(2)  Such an application must be authorised:
(a)  in the case of an application made on behalf of 5 or more individuals, by each of the individuals, and
(b)  in the case of an application made on behalf of an unincorporated body, by a special resolution passed by the members of the body, and
(c)  in the case of an application made on behalf of a registrable corporation, by a special resolution passed by the members of the corporation, and
(d)  in the case of an application made on behalf of 2 or more associations proposing to amalgamate, by special resolutions passed by the members of each association.
(3)  An application:
(a)  must be in the approved form, and
(b)  must specify the association’s proposed name and the address that is to be the association’s first official address, and
(c)  must include a statement of the association’s objects, and
(d)  must annex a copy of the association’s proposed constitution (or a statement that the association’s proposed constitution adopts all the provisions of the model constitution without modification), and
(e)  must identify the person who is to be the association’s first public officer, and
(f)  must include copies of any special resolution referred to in subsection (2) (b), (c) or (d), and
(g)  in the case of an application made on behalf of a registrable corporation, must annex a document (issued by the relevant regulatory authority under the law under which it is currently incorporated) declaring that the requirements of that law in relation to the transfer of its registration under that law to registration under some other law have been complied with, and
(h)  must include any information required by the regulations, and
(i)  must be accompanied by the fee prescribed by the regulations.
(4)  An association’s proposed official address must be an address within New South Wales:
(a)  at which the person who is to be the association’s first public officer can generally be found, and
(b)  at which documents can be served on the association by post.
(5)  An association’s proposed constitution must address each of the matters referred to in Schedule 1.
(6)    (Repealed)
7   Decision on application
(1)  The Secretary may determine an application for registration of an association by registering the association or by refusing the application.
(2)  An application for registration may be refused if:
(a)  the application does not comply with section 6, or
(b)  the name of the association is unacceptable, or
Note.
 Changing circumstances may mean that a name that was acceptable when it was reserved has since become unacceptable.
(c)  the Secretary is satisfied that, having regard to the objects of this Act, the association should not be registered:
(i)  because some provision of the association’s constitution is contrary to law, or
(ii)  because of the association’s objects or the Secretary’s assessment of the likely nature or extent of the association’s proposed activities, or
(iii)  because of the likely nature or extent of the association’s dealings with the public, or
(iv)  for any other reason that appears sufficient to the Secretary.
(3)  The Secretary registers an association by recording its name, objects, constitution and official address in the Register of Incorporated Associations.
(4)  On registering an association, the Secretary:
(a)  must cause a certificate of registration for the association to be given to the applicant, and
(b)  if the applicant is a registrable corporation, must cause notice of its registration to be given to the relevant regulatory authority under the law under which it was formerly registered.
(5)  In the case of 2 or more associations that become a single association, the registration of each of the former associations is to be cancelled when the amalgamated association is registered.
8   Incorporation of associations other than former registrable corporations
(1)  An association that arises otherwise than from the registration of a registrable corporation becomes a body corporate when it is registered under this Act.
(2)  Schedule 2 contains provisions relating to an association that arises from the registration of an unincorporated body or from the amalgamation of 2 or more associations.
9   Continuity of incorporation of former registrable corporations
(1)  An association that arises from the registration of a registrable corporation is a continuation of, and the same legal entity as, the registrable corporation.
(2)  Without limiting subsection (1):
(a)  the assets, rights and liabilities of the registrable corporation become the assets, rights and liabilities of the association, and
(b)  proceedings that have been commenced by or against the registrable corporation may be continued by or against the association in its own name or in the name of the registrable corporation.
Division 2 Changing association’s name, objects, constitution or official address
10   Application for change of particulars
(1)  An association may apply to the Secretary for registration of a change in the association’s name, objects or constitution.
(2)  An application may only be made pursuant to a special resolution passed by the association.
(3)  An application:
(a)  must be in the approved form, and
(b)  must include details of the proposed change, and
(c)  must include a copy of the special resolution by which the association has approved the change, and
(d)  must be accompanied by the fee prescribed by the regulations.
(4)  An association’s constitution, as proposed to be changed, must address each of the matters referred to in Schedule 1.
Note.
 A change in an association’s name, objects or constitution does not take effect until it is registered: see section 14.
11   Change of association’s name at direction of, or by, Secretary
(1)  The Secretary may, by order in writing served on an association that has an unacceptable name, direct the association to adopt a new name.
(2)  Such a direction may be given whether or not the association’s name was acceptable when the association was registered.
Note.
 Changing circumstances may mean that a name that was acceptable when the association was registered has since become unacceptable.
(3)  A direction:
(a)  must specify the grounds on which the association’s current name is unacceptable, and
(b)  must specify a date by which an application for registration of a change of name must be made (being a date no less than 2 months after the date on which the direction is given), and
(c)  must state that, if the application is not made on or before that date, the association’s name may be changed to its registration number, or the association’s registration may be cancelled, by the Secretary.
Note.
 See subsection (4) for the Secretary’s power to change an association’s name to its registration number, and section 76 (1) (i) for the Secretary’s power to cancel an association’s registration, for failure to comply with a direction under this section.
(4)  The Secretary may change an association’s name to its registration number if satisfied that the association has failed to comply with a direction under this section for the change of its name.
(5)  After changing an association’s name to its registration number under this section, the Secretary must cause notice of that fact to be given to the association.
(6)  Any notice to be given to an association under subsection (5) must be sent:
(a)  by post addressed to the association at the association’s official address, or
(b)  if the Secretary suspects that the association’s official address is no longer in use:
(i)  by post addressed to the association at another address that appears to the Secretary to be an address that is used by the association, or
(ii)  by email addressed to the association at an email address that appears to the Secretary to be an email address that is used by the association.
12   Decision on application
(1)  The Secretary may determine an application for registration of a change of name, objects or constitution by registering the change or by refusing the application.
(2)  An application for registration of a change of name, objects or constitution may be refused if:
(a)  the application does not comply with section 10, or
(b)  the special resolution was approved by the association more than 28 days before the application was made, or
(c)  in the case of an application for a change of name, the new name is unacceptable.
(3)  On registering an association’s change of name, the Secretary is to cause a replacement certificate of registration, bearing the association’s new name, to be given to the applicant.
13   Notification of change of official address
(1)  Within 28 days after an association’s official address becomes obsolete or unusable, the association’s public officer must notify the Secretary, in the approved form, of the association’s new address.
Maximum penalty: 5 penalty units.
(2)  Without limiting subsection (1), an association’s public officer may at any time notify the Secretary, in the approved form, of a change in the association’s official address.
(3)  The new address must be an address within New South Wales:
(a)  at which the public officer can generally be found, and
(b)  at which documents can be served on the association by post.
(4)  On receiving a notification under this section, the Secretary must register the new address as the association’s official address.
Note.
 A change of official address does not take effect until it is registered: see section 14.
14   Effect of registration of change of name, objects, constitution or official address
(1)  A change of name, objects, constitution or official address that is registered under this Division takes effect when it is registered.
(2)  Section 53 of the Interpretation Act 1987 applies to an association in respect of which a change of name, objects or constitution has been registered under this Division in the same way as it would apply to the association had the change been made by an Act or statutory rule.
Division 3 Reservation of names
15   Application for reservation of name
(1)  An application for reservation of a name may be made to the Secretary by an association or by an applicant for registration as an association.
(2)  An application for reservation of a name:
(a)  must be in the approved form, and
(b)  must specify the name to be reserved, and
(c)  must be accompanied by the fee prescribed by the regulations.
(3)  The application may nominate alternative names (not exceeding the maximum number prescribed by the regulations) and indicate the order in which they are to be considered.
16   Decision on application
(1)  The Secretary may determine an application for reservation of a name by reserving the name or by refusing the application.
(2)  An application for reservation of a name may be refused:
(a)  if each of the nominated names is unacceptable, or
(b)  if the Secretary is satisfied that the application has been made for an improper purpose.
(3)  Unless each of the nominated names is unacceptable, the reserved name is to be the first of the nominated names that is not unacceptable.
17   Duration of reservation of name
Reservation of a name expires at the end of the period of 3 months after the name is reserved or, if an application for registration of an association or for a change in an association’s name is made within that period, when the application is determined.
18   Unacceptable names
(1)  For the purposes of this Act, a name is unacceptable if:
(a)  it does not include, at the end of the name, the word “Incorporated” or the abbreviation “Inc”, or
(b)  it contains foreign language characters, or
(c)  it includes the word “police” or “sheriff”, unless its use is the subject of a consent in force under section 204B of the Police Act 1990 or section 12 of the Sheriff Act 2005, or
(d)  the Secretary is of the opinion:
(i)  that it is identical to, or closely resembles, some other name that is registered, that is reserved or that is the subject of an earlier application for reservation, and
(ii)  that the public would be likely to be misled if associations operated under both names, or
(e)  the Secretary is of the opinion that it suggests a connection with the Crown or the State, or
(f)  the Secretary is of the opinion that it is offensive or undesirable, or
(g)  it is declared by the regulations to be unacceptable.
(2)  A name is not unacceptable on a ground referred to in subsection (1) (e), (f) or (g) if, in a particular case, the Minister directs that the name is acceptable.