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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 30 June 2017 at 01:45)
Part 2 Division 2
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.