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Contents (2009 - 7)
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Associations Incorporation Act 2009 No 7
Current version for 7 July 2017 to date (accessed 26 July 2017 at 19:11)
Schedule 2
Schedule 2 Provisions relating to association’s assets, rights and liabilities
(Section 8)
1   Definitions
In this Schedule:
assets of a former body include assets held for or on behalf of the body or its members (in their capacity as members) and assets held for the objects of the body.
former body, in relation to an association, means:
(a)  an unincorporated body that has been incorporated as a consequence of its registration under this Act, or
(b)  each of 2 or more associations that have amalgamated to form the association.
2   Transfer of assets, rights and liabilities etc
(1)  On an association’s incorporation under this Act, the following provisions have effect:
(a)  the assets of the former body vest in the association by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,
(b)  the rights and liabilities of the former body become by virtue of this clause the rights and liabilities of the association,
(c)  all proceedings relating to the assets, rights and liabilities of the former body that were commenced by or against the former body and still pending are taken to be proceedings by or against the association,
(d)  any act, matter or thing in relation to the assets, rights and liabilities of the former body that was done or omitted to be done by, to or in respect of the former body is taken to have been done or omitted by, to or in respect of the association,
(e)  subject to the regulations, any reference in any instrument, or in any document of any kind, to the former body or a predecessor of the former body is, to the extent to which it relates to the assets, rights or liabilities of the former body, to be read as, or as including, a reference to the association.
(2)  Assets that vest in an association by operation of this clause are not to be dealt with contrary to the provisions of any trust affecting them immediately before the association’s incorporation under this Act, being provisions as to the purposes for which the assets may or must be applied.
(3)  The operation of this clause is not to be regarded:
(a)  as a breach of contract or confidence or otherwise as a civil wrong, or
(b)  as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(c)  as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.
(4)  The operation of this clause is not to be regarded as an event of default under any contract or other agreement.
3   Certificate evidence
(1)  A certificate that is issued by the public officer of an association, that is in the approved form, that is verified by statutory declaration and that states that, immediately before the association’s incorporation under this Act:
(a)  specified property was vested in a specified former body, or
(b)  specified property was held by a person for or on behalf of a specified body or its members (in their capacity as members) or for its objects,
is evidence of the matters so stated.
(2)  A certificate that is issued by the Secretary and that states that a specified body is a former body in relation to a specified association is evidence of the matter so stated.
4   Attornment not necessary
No attornment to an association by any lessee of land vested in the association by operation of this Schedule is necessary.
5   Stamp duty etc
(1)  A document or an instrument executed or registered solely:
(a)  for a purpose ancillary to, or consequential on, the operation of this Schedule, or
(b)  for the purpose of giving effect to this Schedule,
is not liable to duty under the Duties Act 1997 or to any fee or charge payable under any Act for registration.
(2)  A dutiable transaction within the meaning of the Duties Act 1997 that is not in writing and that occurs solely:
(a)  for a purpose ancillary to, or consequential on, the operation of this Schedule, or
(b)  for the purpose of giving effect to this Schedule,
is not liable to duty under the Duties Act 1997.