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Contents (2009 - 7)
Associations Incorporation Act 2009 No 7
Current version for 7 July 2017 to date (accessed 20 November 2017 at 18:33)
Schedule 4
Schedule 4 Savings, transitional and other provisions
Part 1 Savings and transitional regulations
1   Savings and transitional regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of this Act
2   Definitions
In this Part:
former association means an association whose incorporation under the 1984 Act was in force immediately before the commencement of this Act.
the 1984 Act means the Associations Incorporation Act 1984, as in force immediately before its repeal by this Act.
3   Continuation of registration of existing associations
(1)  A former association is taken to have been registered under this Act.
(2)  The body corporate that arises from the registration of a former association under this Act is a continuation of, and the same legal entity as, the former association.
4   Rules of existing associations
(1)  The rules of a former association are taken to be its constitution under this Act and, until the former association changes them under this Act, are taken to comply with the requirements of this Act.
(2)  To the extent to which a former association adopted the model rules established under the 1984 Act, and until it changes its rules under this Act, those model rules continue in force in relation to that association.
5   Association members
Subject to the former association’s rules, a person who was a member of a former association, or a member of a former association’s committee, continues to be such a member.
6   Reservation of names
Any name that, immediately before the commencement of Division 3 of Part 2, was reserved under the 1984 Act is taken to have been reserved under this Act.
7   Continuation of register
The register kept under section 59 of the 1984 Act is taken to be the Register of Incorporated Associations under this Act.
8   Continuation of certain certificates
A certificate issued under section 62 of the 1984 Act has the same evidentiary effect as a certificate issued under section 100 of this Act.
9   Continuation of certain appeals
An appeal made under section 72 of the 1984 Act is to be heard and determined as if this Act had not been enacted, but the decision on the appeal is to be given effect to as if it were a decision on an application under section 104 of this Act.
10   Construction of other references
Subject to this Schedule and the regulations, in any Act or instrument:
(a)  a reference to a provision of the 1984 Act for which there is a corresponding provision in this Act extends to the corresponding provision of this Act, and
(b)  a reference to any act, matter or thing referred to in a provision of the 1984 Act for which there is a corresponding provision in this Act extends to the corresponding act, matter or thing referred to in the corresponding provision of this Act.
11   General saving
Subject to this Schedule and the regulations:
(a)  anything begun before the commencement of this Act under a provision of the 1984 Act for which there is a corresponding provision in this Act may be continued and completed under the 1984 Act as if this Act had not been enacted, and
(b)  subject to paragraph (a), anything done under a provision of the 1984 Act for which there is a corresponding provision in this Act (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of this Act.
Part 3 Provision consequent on enactment of Associations Incorporation Amendment (Review) Act 2016
12   Associations’ constitutions
Section 25, as substituted by the Associations Incorporation Amendment (Review) Act 2016, extends to the constitution of an association registered before the commencement of that substitution.