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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 29 June 2017 at 08:52)
Part 2 Division 1
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.