Contents (2009 - 7)
Associations Incorporation Act 2009 No 7
Division 2 Involuntary cancellation
76 Registration may be cancelled
(1) The Secretary may cancel an association’s registration if satisfied that:(a) the association is not in operation, whether or not it has been wound up, or(b) the association has fewer than 5 members, or(c) the association has failed to establish and maintain a committee in accordance with section 28, or(d) the association’s committee does not include 3 or more members of whom each is aged 18 years or more and of whom at least 3 are ordinarily resident in Australia, or(e) the association’s committee has not appointed a public officer or has appointed a public officer who is not aged 18 years or more or not ordinarily resident in New South Wales, or(f) the association is, or has been, conducting its affairs (including its affairs as trustee of any trust) so as to provide pecuniary gain for its members, or(g) during the last 3 financial years, the association has not held an annual general meeting, or(h) during the last 3 financial years, none of the documents required to have been lodged for the association under section 45 (if the association is a Tier 1 association) or section 49 (if the association is a Tier 2 association) has been lodged, or(i) the association has failed to comply with a direction under section 11 for the change of its name, or(j) the association has become registered under this Act because of fraud or mistake, or(k) it is in the public interest to cancel the association’s registration.(2) An association’s registration is not to be cancelled under this section if:(a) the association is being wound up, or(b) the Civil and Administrative Tribunal has ordered the Secretary not to cancel the association’s registration.(3) Before cancelling an association’s registration under this section, the Secretary:(a) must cause notice of the proposed cancellation to be given to the association stating the ground or grounds referred to in subsection (1) that the Secretary believes exist, and(b) must give the association and its members at least 28 days within which to make submissions to the Secretary with respect to the proposed cancellation, and(c) must give due consideration to any submissions that are made within that period.(4) After cancelling an association’s registration under this section, the Secretary must cause notice of that fact to be published in the Gazette and to be given to the association.(5) Any notice to be given to an association under this section 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.
77 Distribution of assets
(1) On the cancellation of an association’s registration under this Division, the association’s property vests in the Secretary.(2) The Secretary:(a) may give such directions as the Secretary considers just for or with respect to the payment of the association’s debts and liabilities, the distribution of its property and the winding up of its affairs, and(b) may appoint a person for the purpose of investigating the affairs of the association with a view to the realisation of its property, payment of its debts, discharge of its liabilities, distribution of its property and winding up of its affairs, and(c) may do all such other acts and things as are reasonably necessary to be done for the purpose of the exercise of the Secretary’s powers under this section.(3) The Secretary is entitled to be paid out of an association’s property any costs reasonably incurred in the exercise of the Secretary’s powers under this section in relation to the association.(4) Section 65 applies to and in respect of the distribution of any property remaining after satisfaction of the association’s debts and liabilities under subsection (2) and the payment of the Secretary’s costs under subsection (3) in the same way as it applies to and in respect of the distribution of surplus property under that section.