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Contents (2009 - 7)
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Associations Incorporation Act 2009 No 7
Current version for 31 October 2018 to date (accessed 10 December 2018 at 16:33)
Part 10
Part 10 Miscellaneous
98   Register of Incorporated Associations
(1)  The Secretary is to keep a Register of Incorporated Associations in such form, and containing such particulars, as the Secretary thinks fit.
(2)  On payment of the fee prescribed by the regulations, a person is entitled:
(a)  to inspect any document that has been lodged with the Secretary under this Act, not being a document that has been destroyed or otherwise disposed of, and
(b)  to be given a copy (including a copy certified by the Secretary) of, or an extract (including an extract certified by the Secretary) from, any such document.
99   Power of Secretary to refuse to register or reject documents
(1)  The Secretary may refuse to register or may reject a document submitted to the Secretary if the Secretary considers the document:
(a)  contains matter contrary to law, or
(b)  contains matter that is false or misleading in a material particular in the form or context in which it is included, or
(c)  because of an omission or misdescription, has not been properly completed, or
(d)  does not comply with the requirements of this Act, or
(e)  contains an error, alteration or erasure, or
(f)  has been submitted by electronic transmission in a form that is not readily or satisfactorily accessible by the Secretary.
(2)  If the Secretary refuses to register or rejects a document under subsection (1), the Secretary may ask that:
(a)  the document be appropriately altered, or
(b)  a fresh document be submitted in its place, or
(c)  if the document has not been properly completed—a supplementary document in the approved form be submitted.
100   Evidentiary certificates
A certificate issued by the Secretary to the effect that:
(a)  a specified association was or was not, on a specified date or during a specified period, registered under this Act, or
(b)  an association was or was not, on a specified date or during a specified period, registered under this Act by a name so specified, or
(c)  a requirement of this Act specified in the certificate had or had not been complied with by a specified date or within a specified period, or
(d)  a specified address was or was not, on a specified date or during a specified period, the official address of a specified association, or
(e)  the constitution of a specified association was or was not, on a specified date or during a specified period, in terms so specified,
is evidence of the matter or matters so certified.
101   Service of documents
(1)  A document that is authorised or required by this Act or the regulations to be served on an association may be served by any of the following methods:
(a)  by personal delivery to the address specified by the association for the service of documents of that kind,
(b)  by post to the address specified by the association for the service of documents of that kind,
(c)  by personal delivery to the association’s public officer or to each of 2 committee members of the association,
(d)  by post to the registered office or any other office of the association or by leaving it at any such office with a person apparently over the age of 16 years,
(e)  by email to an email address specified by the association for the service of documents of that kind,
(f)  by any other method authorised by the regulations for the service of documents of that kind,
(g)  in such other manner as the Secretary may in the special circumstances of the case direct.
(2)  As soon as practicable after a document addressed to an association is received by a person who is, or has at any time within the past 12 months been, the association’s public officer or a committee member of the association, the person must bring the document to the attention of the committee of the association.
Maximum penalty: 1 penalty unit.
(3)  Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on an association by any other method.
(4)  In this section, serve includes give or send.
102   Authorised officers
The Secretary may appoint any member of staff of the Department as an authorised officer for the purposes of this Act.
103   Exclusion of personal liability
Anything done or omitted to be done:
(a)  by the Secretary, or a person acting under the direction of the Secretary, or
(b)  by an authorised officer,
does not subject the Secretary, person so acting or authorised officer personally to any action, liability, claim or demand if the thing was done, or omitted to be done, in good faith for the purpose of executing this Act.
104   Review of decisions of Secretary
(1)  An association may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of:
(a)  any decision by the Secretary under section 7, 12, 16, 74 or 79 to refuse an association’s application, or
(b)  any direction given to the association by the Secretary under section 11 or 73, or
(c)  any cancellation of the association’s registration by the Secretary under section 76, or
(d)  any decision of the Secretary to give a certificate under section 61A.
(2)  Section 53 of the Administrative Decisions Review Act 1997 does not apply to the cancellation of an association’s registration or the giving of a certificate under section 61A.
(3)  A person aggrieved by a decision made by the Secretary to appoint an administrator under section 54 or 55 may apply to the Supreme Court for a review of the decision.
105   Waiver, remittal and postponement of fees
The Secretary may waive, remit or postpone payment of the whole or any part of a fee payable under this Act.
106   Delegation of Secretary’s functions
(1)  The Secretary may delegate any of the Secretary’s functions under this Act, other than this power of delegation.
(2)  Subject to the terms of the delegation, a person to whom a function has been delegated under subsection (1) may authorise another person to perform the function so delegated.
107   Regulations
(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to the following matters:
(a)  the form and content of a model constitution,
(b)  the manner and form in which an application to the Secretary for an extension of time under section 37 (2) (b) is to be made,
(c)  any fees to be paid in connection with the administration of this Act (including fees for lodgment of documents under this Act and additional fees for late lodgment of documents or late payment of fees),
(d)  the exemption by the Secretary of any association, or class of associations, from the requirements of this Act in relation to the preparation and auditing of financial statements,
(e)  the books, documents and other records that must be kept by associations.
(2)  A model constitution must address each of the matters referred to in Schedule 1, and may deal with any other matters.
(3)  A provision of a regulation may impose a penalty not exceeding 2 penalty units for any offence against the provision.
108   (Repealed)
109   Review of Act
(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.