Associations Incorporation Regulation 2010
Part 4 Miscellaneous
10 Model constitution
The model constitution set out in Schedule 1 is prescribed as the model constitution for the purposes of the Act.
11 Register of committee members—prescribed particulars
For the purposes of section 29 (2) (d) of the Act, the following particulars are prescribed:(a) the names of any members of the committee of the incorporated association who hold the positions (if any) of president, vice-president, secretary or treasurer of the incorporated association,(b) the date on which any such member was elected or appointed to such a position,(c) the date on which any such member ceased to hold such a position.
12 Conduct of postal ballots
A postal ballot for the passing by an association of an ordinary resolution or a special resolution under section 38 or 39, respectively, of the Act is to be conducted in accordance with Schedule 3.
13 Application for transfer of registration declaration
For the purposes of section 78 (3) (d) of the Act, an application by an association for a transfer of registration declaration must include the following:(a) a statement in writing as to whether the entity to which the association intends to transfer is subject to rules that prohibit a distribution of profits to that entity’s members,(b) if the association receives funding, evidence in writing that the association’s funding bodies have been advised of the proposed transfer,(c) a statement in writing declaring that the association’s creditors are not likely to be materially prejudiced by the transfer,(d) a statement in writing declaring that the law of the Commonwealth or a State or Territory will adequately provide for the continuation of the association’s legal personality after the transfer,(e) any documents required to be lodged under section 45 or 49 of the Act (as the case may be) by the association for the 3 financial years before the application is made that have not been lodged in accordance with those sections.
14 Certificates of authority
A certificate of authority issued under section 88 (1) (a) of the Act:(a) must be in a form approved by the Director-General, and(b) must state that it is issued under the Act, and(c) must give the name of the person to whom it is issued, and(d) must describe the nature of the powers conferred on its holder and state that those powers are conferred by the Act, and(e) must state the date (if any) on which it expires, and(f) must state that the powers conferred on its holder do not extend to any part of premises used for residential purposes (except with the consent of the occupier of the premises), and(g) must be signed by the Director-General or by such other officer of the Department as is authorised by the Director-General to sign such a certificate.
15 Penalty notice offences and penalties
For the purposes of section 93 of the Act:(a) each offence created by a provision specified in Column 1 of Schedule 4 is prescribed as a penalty notice offence, and(b) the penalty prescribed for each such offence is the amount specified in Column 2 of Schedule 4 opposite the relevant provision.
16 Application of Corporations legislation to associations
For the purposes of section 96 (1) of the Act, any matter relating to associations is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to section 1322 (1)–(3A) and (4)–(6) of the Corporations Act 2001 of the Commonwealth, subject to the following modifications:(a) references to “this Act” are to be read as including references to the Associations Incorporation Act 2009,(b) a reference to a “corporation” is to be read as a reference to an association,(c) a reference to a meeting in section 1322 (3) is to be read as including a reference to a vote conducted by a postal ballot,(d) the reference in section 1322 (3) to “a person entitled to attend the meeting” is to be read as including a reference to a person entitled to vote in a postal ballot,
For each matter specified in Column 1 of Schedule 5 a fee is payable as specified in Column 2 of that Schedule.