Contents (2009 - 7)
Associations Incorporation Act 2009 No 7
Part 8 Enforcement provisions
Division 1 Power to require information and documents
85 Power to require information and documents
(1) The Secretary may, by notice in writing served on any person, require the person to do either or both of the following within such time as is specified in the notice:(a) to furnish the Secretary with such information as the person possesses in connection with the affairs of an association,(b) to produce to the Secretary such documents as the person possesses in connection with the affairs of an association.(2) A person must not fail to comply with a requirement under this section.Maximum penalty: 60 penalty units.Note.The furnishing of false or misleading information and the production of false or misleading documents are offences under Part 5A of the Crimes Act 1900.(3) A person is not excused from furnishing information or producing a document pursuant to a requirement under this section on the ground that to do so may tend to incriminate the person, but any information so furnished or document so produced is not admissible in evidence against the person in any criminal proceedings other than proceedings for an offence under Part 5A of the Crimes Act 1900.
86 Power to enter premises
(1) An authorised officer:(a) may enter any premises at which an association carries on any activity, andfor the purpose of ascertaining whether the provisions of this Act are being complied with.(b) may inspect, and take copies of or extracts from, any document that relates to the carrying on of business at or from the premises,(2) The power of entry conferred by subsection (1) may not be exercised:(a) in relation to any part of premises that is used for residential purposes, orexcept with the consent of the occupier of the premises.(b) outside the hours during which business is being carried on at or from the premises,
87 Search warrants
(1) An authorised officer under this Act may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for the issue of a search warrant if the authorised officer under this Act believes on reasonable grounds that a provision of this Act or the regulations is being or has been contravened at any premises.(2) An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising a named authorised officer under this Act to enter the premises and to exercise any of the authorised officer’s functions under this Part.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
88 Manner in which power of entry to be exercised
(1) The powers conferred on an authorised officer by this Division may not be exercised in relation to any premises unless:(a) the officer is in possession of a certificate of authority, issued in accordance with the regulations, that evidences his or her authority to exercise those powers, and(b) the occupier of the premises has been given at least 24 hours’ notice that those powers are to be exercised or the Secretary has given prior authority for the exercise of those powers without the need for such notice.(2) Authority under subsection (1) (b) may only be given if the Secretary is satisfied, in the circumstances of the case, that the giving of 24 hours’ notice would frustrate the purpose for which the powers are to be exercised.(3) Reasonable force may be used for the purpose of effecting entry under this Division.
89 Damage to be minimised
(1) In exercising the powers conferred by this Division, an authorised officer must do as little damage as possible.(2) The Secretary must compensate all interested parties for any damage caused by an authorised officer as a consequence of the exercise of the powers conferred by this Division.(3) Subsection (2) does not apply to the extent to which the occupier of the premises has obstructed or hindered the authorised officer in the exercise of the powers conferred by this Division.
Division 2 Offences
90 Offence of using certain names
(1) Any person or body (other than an association) that calls itself by a name that includes the word “Incorporated” or “Inc” is guilty of an offence.Maximum penalty: 2 penalty units.(2) Subsection (1) does not apply to a body that is incorporated, whether in New South Wales or elsewhere, under a name that includes either of those words.
91 Offences by committee members
(1) If an association contravenes, whether by act or omission, any provision of this Act or the regulations, each committee member of the association is taken to have contravened the same provision if he or she knowingly authorised or permitted the contravention.(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the association has been proceeded against or convicted under that provision.(3) In the case of a contravention of section 40, each person who, pursuant to subsection (1), is taken to have contravened that section is, together with the association, jointly and severally liable for all debts incurred by the association as a consequence of that contravention.(4) Nothing in this section affects any liability imposed on an association for an offence committed by the association under this Act.(5) For the purposes of this section, an association’s public officer (not otherwise being a committee member) is taken to be a committee member.
92 Obstruction of authorised officers
A person must not obstruct or hinder an authorised officer in the exercise of the officer’s functions under this Act.Maximum penalty: 60 penalty units.
93 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note.The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
94 Proceedings for offences
(1) Proceedings for an offence against this Act or the regulations may be dealt with summarily before the Local Court.(2) Proceedings for an offence under section 31 (1), 32, 33, 40 (1), 68 (1) or 69 may be commenced not later than 3 years from when the offence was alleged to have been committed.Note.Under section 179 of the Criminal Procedure Act 1986, proceedings for any other summary offence under this Act must be commenced not later than 6 months from when the offence was alleged to have been committed.