Contents (2009 - 7)
Associations Incorporation Act 2009 No 7
Division 1 Voluntary cancellation
72 Application for cancellation
(1) An association may apply to the Secretary for cancellation of its registration.(2) The application must be in the approved form.(3) Without limiting the form that may be approved under subsection (2), the approved form may be an electronic form accessible on a publicly available website.(4) A person who provides the Secretary with a statutory declaration setting out particulars required by the approved form is taken to have done so in the approved form.
73 Secretary may direct association to apply for cancellation
(1) The Secretary may, by order in writing served on an association, direct the association to apply for cancellation of its registration within such time (being not less than 3 months) as is fixed by the direction.(2) The Secretary may not give such a direction unless he or she is satisfied that, having regard to the objects of this Act, the association should no longer be registered:(a) because some provision of the association’s constitution is contrary to law, or(b) because of the Secretary’s assessment of the nature or extent of the association’s activities, or(c) because of the Secretary’s assessment of the nature or extent of the association’s dealings with the public, or(d) for any other reason that appears sufficient to the Secretary.
74 Decision on application for voluntary cancellation
(1) The Secretary may determine an application for cancellation of an association’s registration by cancelling the registration or by refusing the application.(2) An application for cancellation of an association’s registration must be refused if the Secretary suspects:(a) that the association has outstanding obligations under this Act, or(b) that the association has outstanding liabilities, or(c) that the proposed distribution of assets does not comply with section 75.(3) On cancelling an association’s registration, the Secretary is to cause notice of that fact to be published in the Gazette and to be given to the association.(4) Any notice to be given to an association under subsection (3) 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.
75 Distribution of assets
(1) On the cancellation of its registration under this Division, an association’s assets are to be distributed in accordance with a special resolution of the association.(2) Any such distribution of assets:(a) must be approved by the Secretary, and(b) is not to be made to or for the benefit of:(i) any member or former member of the association, orunless the member or former member is an association (whether incorporated or unincorporated) whose constitution, at the time of the distribution, prohibits the distribution of property to its members, and(ii) any person to be held on trust for any member or former member of the association,(c) is subject to any trust affecting those assets or any part of them.(3) Any asset that has been supplied by a government department or public authority (including any unexpended portion of a grant) must be returned to the department or authority that supplied it or delivered to such person or body as that department or authority may direct.(4) A person aggrieved by the operation of this section in relation to an association’s assets may apply to the Supreme Court for an order as to their disposal.(5) The Supreme Court may deal with such an application by making such orders as it thinks fit with respect to the disposal of the association’s assets.