Contents (2009 - 7)
Associations Incorporation Act 2009 No 7
Division 3 General
25 Provisions of model constitution apply if adopted or if matter not addressed
(1) If an association’s constitution adopts all the provisions of the model constitution without modification (either by reference or by reproducing the provisions), the provisions are taken to be the association’s constitution.(2) If an association’s constitution fails to address a matter referred to in Schedule 1, the provisions of the model constitution with respect to the matter are taken to be part of the association’s constitution.(3) The provisions that are taken to be, or that are taken to be part of, an association’s constitution under this section apply as in force for the time being.(4) Accordingly, an amendment to those provisions changes the association’s constitution without:(a) any special resolution by the association to change its constitution or any application to the Secretary under section 10, or(b) any registration of the change by the Secretary under section 12, or(c) any other action by or on behalf of the association or its members or by or on behalf of the Secretary.(5) To avoid doubt, this section does not limit the way in which an association’s constitution may address a matter referred to in Schedule 1.(6) A provision of an association’s constitution is of no effect to the extent to which it is contrary to this or any other Act or law.
26 Nature of association
(1) Subject to this Act, an association’s constitution binds the association and its members to the same extent as if it were a contract between them under which they each agree to observe its provisions.(2) Subject to this Act, a member of an association (including a committee member and the public officer) is not, merely because of being such a member, liable in relation to:(a) any of the association’s liabilities, or(b) the costs, charges and expenses of the winding up of the association.(3) Subject to this Act, membership of an association does not confer on a member any right, title or interest, whether legal or equitable, in the association’s assets.
27 Pre-registration contracts
(1) Contracts entered into before an association is registered under this Act are declared to be an applied Corporations legislation matter, for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001, in relation to Part 2B.3 of the Corporations Act 2001 of the Commonwealth.(2) In subsection (1), the reference to an association does not include a reference to an association arising from the registration of an unincorporated body, the amalgamation of 2 or more associations or the registration of a registrable corporation.Note.Contracts entered into by an association arising from the registration of an unincorporated body or the amalgamation of 2 or more associations are unaffected by registration (see section 8 and Schedule 2) as are those of an association arising from the registration of a registrable corporation (see section 9).