{"id":"associations-act-2003","name":"Associations Act 2003","slug":"associations-act-2003","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29860,"registerId":"nt-associations-act-2003-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Associations Act 2003.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Excluded matter for Corporations Act 2001","content":"3 Excluded matter for Corporations Act 2001\n(1) The following matters are declared to be excluded matters for the\npurposes of section 5F of the Corporations Act 2001 in relation to\nthe whole of the Corporations legislation to which Part 1.1A of that\nAct applies, other than the provisions specified in subsections (2)\nand (2A):\n(a) an incorporated association;\n(b) any act or omission of any person, body or other entity in\nrelation to an incorporated association.\n(2) The following provisions are not excluded matters for section 5F of\nthe Corporations Act 2001:\n(a) provisions that relate to any matter that the Regulations\nprovide is not to be excluded from the operation of the\nCorporations legislation;\n(b) provisions that relate to the role of an incorporated association\nin the formation of a company;\n(c) provisions that relate to substantial holdings, by or involving\nan incorporated association, in a company;\n\nAssociations Act 2003 2\n(d) provisions that confer or impose functions on an incorporated\nassociation as a member, or former member, of a corporation;\n(e) provisions that relate to dealings by an incorporated\nassociation in securities of a body corporate, other than\nsecurities of the association;\n(f) provisions that confer or impose functions on an incorporated\nassociation in its dealings with a corporation, not being\ndealings in securities of the association;\n(g) provisions that relate to securities of an incorporated\nassociation, other than debentures of or deposits with an\nincorporated association;\n(h) provisions relating to derivatives;\n(i) provisions relating to:\n(j) provisions relating to the carrying on of a financial services\nbusiness relating to securities;\n(k) provisions relating to financial statements, and audits of\nfinancial statements, of:\n(l) provisions relating to money and scrip of clients of:\n(m) provisions relating to registers of interests in securities.\n\nAssociations Act 2003 3\n(2A) If consent under section 56(2), or a direction under section 63(1)(b),\nis given to an association to apply to become incorporated under\nthe Corporations Act 2001, that Act applies to the extent necessary\nfor the association to make the application and to become\nincorporated under Chapter 5B of that Act.\n(3) The provisions specified in subsection (2) only apply to an\nincorporated association to the extent to which the association may\nengage in the activities covered by the provisions.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\naccountants body means CPA Australia, the Institute of Chartered\nAccountants in Australia or the Institute of Public Accountants.\naccounting records includes invoices, receipts, orders for the\npayment of money, bills of exchange, cheques, promissory notes,\nvouchers and other documents of prime entry, books and records\nwhich record the documents necessary to explain the methods and\ncalculations by which accounts are made up.\naccounts, in relation to an incorporated association, means:\n(a) a combination of:\n(i) an account of receipts and payments recording the total\nreceipts and payments based on the cash method of\naccounting; and\n(ii) a statement of assets and liabilities; or\n(b) a combination of:\n(i) an account of income and expenditure recording the\ntotal income and expenditure based on the accrual\nmethod of accounting; and\n(ii) a balance sheet;\ntogether with the statements, reports and notes, other than an\nauditor's report, attached to and intended to be read with the\naccount, statement or balance sheet.\naffairs, of an incorporated association, include a trust relating to the\napproved form means a form approved under section 4C.\n\nAssociations Act 2003 4\nassociation means:\n(a) an association, society, institution or body formed or carried\non for:\n(i) a religious, educational, benevolent or charitable\npurpose; or\n(ii) the purpose of providing medical treatment or attention;\nor\n(iii) the purpose of promoting or encouraging literature,\nscience, art or a cultural activity; or\n(iv) the purpose of recreation or amusement; or\n(v) the purpose of beautifying or improving a community\ncentre;\nbeing an association, society, institution or body the activities\nof which are carried on in whole or in part in the Territory; or\n(b) another association, society, institution or body certified in\nwriting by the Minister to be an association for this Act; or\n(c) a trading association.\nbooks includes a register or other record of information and\naccounts or accounting records, however compiled, recorded or\nstored and any other document.\nCEO means the Chief Executive Officer.\ncommittee, for an association, means:\n(a) the committee (however described or comprised) established\nunder the constitution of the association; or\n(b) the person having the management of the affairs of the\ncontravene includes fail to comply with.\nDirector means the person holding or occupying the office of\nDirector mentioned in section 4A.\ndisqualified person means a person for whom a declaration under\nsection 40 is in force.\n\nAssociations Act 2003 5\nfinancial year, in relation to an incorporated association, means:\n(a) in the case of an incorporated association whose constitution\nfixes a period ending on a specified day as the association's\nfinancial year:\n(i) if the period is fixed or varied at incorporation or during\nthe first financial year of the association – the period not\nexceeding 18 months commencing on the date of\nincorporation and ending on the day specified; or\n(ii) if the period is fixed or varied during a subsequent\nfinancial year – the period not exceeding 12 months\ncommencing at the end of the last preceding financial\nyear and ending on the day specified; or\n(iii) each succeeding period of 12 months ending on the day\nspecified; or\n(b) in the case of an incorporated association whose constitution\ndoes not fix a period as the association's financial year:\n(i) the period commencing on the date of incorporation and\nending on the next succeeding 30 June; and\n(ii) each succeeding period of 12 months ending on\n","sortOrder":3},{"sectionNumber":"30","sectionType":"section","heading":"June.","content":"30 June.\ngross receipts, in relation to an incorporated association, means\nthe total amount of the receipts of the association including a grant\nor subsidy paid to or on behalf of the association by or on behalf of\nthe Commonwealth or the Territory, or a local government council,\nbut does not include money received by the association:\n(a) by way of a membership fee, subscription, levy or other fee, if\nany, paid by a member; or\n(b) as a bequest; or\n(c) from the sale of any of the association's assets that had not\nbeen originally purchased by the association for the purpose\nof resale.\nincorporated association means an association incorporated\nunder this Act.\nincorporated trading association means a trading association\nincorporated under this Act.\n\nAssociations Act 2003 6\nmember, in relation to an incorporated association, means a\nperson who or body that, under the association's constitution, is a\nmember of the association.\nofficer, in relation to an incorporated association, means:\n(a) a person who:\n(i) occupies or acts in a position of:\n(A) a member of the committee of the association; or\n(B) the secretary, treasurer or public officer of the\n(ii) is concerned, or takes part, in the management of the\naffairs of the association;\nby whatever name called and whether or not validly appointed\nto occupy, or duly authorised to act in, the position; or\n(b) the holder of another office established by the constitution of\nthe association (except a patron or the holder of some other\nhonorary office that confers no right to participate in the\nmanagement of the affairs of the association); or\n(c) a person in accordance with whose directions or instructions\nthe committee is accustomed to act.\nprescribed property means property that was acquired from, or\nusing funds obtained under a grant from, the Territory or the\nCommonwealth, and includes an interest, whether legal or\nequitable, in such property, but does not include:\n(a) property acquired from the Territory or Commonwealth for full\nconsideration using funds that were not, directly or indirectly,\nobtained under a grant from the Territory or Commonwealth;\nor\n(b) an item of personal property that has a total value of not more\nthan the prescribed amount.\npublic officer, in relation to an incorporated association, means the\npublic officer of the association holding office under section 27.\nstatutory manager means a statutory manager appointed under\nsection 78 to administer the affairs of an incorporated association.\ntier 1 incorporated association means an incorporated\nassociation other than a tier 2 or tier 3 incorporated association.\n\nAssociations Act 2003 7\ntier 2 incorporated association has the meaning given by\nsection 47.\ntier 3 incorporated association has the meaning given by\nsection 48.\ntrading association means an association, society, institution or\nbody formed or carried on for the purpose of trading or securing\npecuniary profit to its members.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Director","content":"4A Director\n(1) The Minister must, in writing, appoint a public sector employee to\nbe the Director.\n(2) The Minister may, in writing, determine that the Director be known\nby another name.\n(3) If the Minister determines under subsection (2) that the Director be\nknown by another name, a reference in this Act to the Director is\ntaken to be a reference to that name.\n(4) For subsection (1), the Minister may appoint:\n(a) a public sector employee by name; or\n(b) a public sector employee by reference to the office, position or\ndesignation held or occupied by the employee; or\n(c) a public sector employee from time to time holding, acting in\nor performing the duties of a named office, position or\ndesignation.\n","sortOrder":5},{"sectionNumber":"4B","sectionType":"section","heading":"Delegation","content":"4B Delegation\n(1) The Director may, in writing, delegate any of the Director's powers\nand functions under this Act:\n(a) to another public sector employee; or\n(b) with the consent of the Minister, to any other person.\n\nAssociations Act 2003 8\n(2) The CEO may, in writing, delegate any of the CEO's powers and\nfunctions under this Act:\n(a) to a public sector employee; or\n(b) with the consent of the Minister, to any other person.\n","sortOrder":6},{"sectionNumber":"4C","sectionType":"section","heading":"Approved forms","content":"4C Approved forms\nThe Director may approve forms for this Act.\n","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Director may exempt etc.","content":"5 Director may exempt etc.\n(1) The Director may:\n(a) extend a limitation of time prescribed by or under this Act,\nwhether or not the prescribed period has expired; or\n(b) exempt an incorporated association or an officer of an\nincorporated association from the obligation to comply with a\nprovision of this Act or the Regulations.\n(1A) The power under subsection (1) may be exercised:\n(a) on the Director's own initiative; or\n(b) on the application of an incorporated association, an officer of\nan incorporated association or a person authorised by an\nincorporated association to make an application under this\nsection.\n(2) The Director may grant an extension or exemption under\nsubsection (1) on the conditions the Director considers appropriate.\n(3) The Director may, in writing, revoke or vary an extension or\nexemption granted under subsection (1).\n","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Secrecy","content":"6 Secrecy\n(1) This section applies to a person who is, or has at any time been:\n(a) appointed for the purposes of this Act; or\n(c) authorised to perform a function or exercise a power of the\nDirector on behalf of the Director ; or\n(d) an auditor of an incorporated association.\n\nAssociations Act 2003 9\n(2) The person must not:\n(a) except to the extent necessary to perform his or her official\nduties, or to perform a function or exercise a power, directly or\nindirectly make a record of, or divulge or communicate to a\nperson, information that is or was acquired by him or her by\nreason of his or her being or having been so appointed,\nengaged or authorised, or being or having been the\nassociation's auditor; or\n(b) make use of information that is or was acquired by him or her\nby reason of his or her being or having been so appointed,\nengaged or authorised, or being or having been the\nassociation's auditor, for purposes other than the performance\nof his or her official duties or the performance of a function or\nexercise of a power.\n(3) Subsection (2) does not prevent a person from:\n(a) producing a document to a court in the course of criminal\nproceedings or proceedings under this or another Act; or\n(b) divulging or communicating to a court in the course of\nproceedings referred to in paragraph (a) a matter or thing\ncoming to his or her notice in the performance of his or her\nofficial duties or in the performance of a function or the\nexercise of a power referred to in that subsection; or\n(c) producing a document or divulging or communicating\ninformation to:\n(i) the Minister; or\n(ii) the Treasurer; or\n(iii) the Minister administering the Local Government\nAct 2019; or\n(iv) the Commissioner of Police; or\n(v) the Commissioner of Territory Revenue; or\n(vi) the Liquor Commission established by section 5 of the\nLiquor Commission Act 2018; or\n\nAssociations Act 2003 10\n(vii) the Director of Racing and Wagering, the Northern\nTerritory Racing and Wagering Commission or another\nperson as required under the Racing and Wagering\nAct 2024; or\n(viii) the Office of Indigenous Policy Coordination; or\n(ix) an auditor or former auditor of an incorporated\n(d) producing a document or divulging or communicating\ninformation to a person to whom, in the opinion of the Director,\nit is in the public interest that the document be produced or the\ninformation be divulged or communicated; or\n(da) producing a document or divulging or communicating\ninformation to a person who, in the opinion of the Director,\nrequires the document or information to enable the\ninvestigation or the enforcement of a law of the Territory, the\nCommonwealth, any State or another Territory; or\n(e) producing a document or divulging or communicating\ninformation that is required or permitted by an Act to be\nproduced, divulged or communicated.\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Protection from liability","content":"7 Protection from liability\n(1) This section applies to a person who is or has been the Director or\na person administering or enforcing this Act.\n(2) The person is not civilly or criminally liable for an act done or\nomitted to be done by the person in good faith in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under this Act.\n(3) Subsection (2) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Application for incorporation of association","content":"8 Application for incorporation of association\n(1) Application for the incorporation of an association may be made to\n\nAssociations Act 2003 11\n(2) The application must be:\n(a) in the approved form; and\n(b) made by a person who is:\n(i) a resident of the Territory; and\n(ii) authorised by the committee of the association to apply\nfor the incorporation of the association.\n(3) The application must state:\n(a) the name of the association; and\n(b) the objects and purposes of the association; and\n(c) the place or places where the association was formed and is\ncarried on; and\n(d) the names and addresses of the persons who make up the\ncommittee of the association; and\n(e) in the case of a trading association – the ethnic community to\nwhich the members of the association belong and how the\npersons came to have management of the committee.\n(4) The application must:\n(a) state if the association's proposed constitution is the model\nconstitution prescribed by regulation for the association; and\n(b) if the association's proposed constitution is not the model\nconstitution prescribed by regulation for the association – be\naccompanied by the proposed constitution of the association\nand a statutory declaration made by the applicant declaring\nthe constitution complies with section 21.\n(5) The application must be accompanied by a statutory declaration\nmade by the applicant declaring:\n(a) the applicant is authorised by the committee of the association\nto apply for the incorporation of the association; and\n(b) the particulars contained in the application are true.\n(6) A company incorporated under the Corporations Act 2001 is not\nentitled to make an application under this section.\n\nAssociations Act 2003 12\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Certificate of incorporation","content":"9 Certificate of incorporation\n(1) If the Director receives an application under section 8, the Director\nmay, if the Director considers it appropriate, issue to the association\na certificate of incorporation.\n(2) If the association is a trading association, the certificate of\nincorporation must state that fact.\n(3) The Director must refuse to issue a certificate of incorporation:\n(a) to an association if its name is a prescribed unauthorised\nname unless the Minister consents to its incorporation under\nthat name; and\n(b) in the case of a trading association if:\n(i) the ethnic community specified in the application is not a\nprescribed ethnic community; or\n(ii) satisfied the constitution of the association is\nunreasonable or unfair.\n(4) The Director may refuse to issue a certificate of incorporation on\nanother ground the Director considers appropriate.\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Director to notify refusal to incorporate association","content":"10 Director to notify refusal to incorporate association\n(1) If the Director refuses to issue a certificate of incorporation to an\nassociation, the Director must:\n(a) give written notice to the applicant of the refusal and the\nreasons for it; and\n(b) include in the notice an invitation to the committee of the\nassociation to make changes to:\n(i) the application for incorporation; or\n(ii) the constitution of the association; and\n(c) include in the notice an invitation to the applicant to advise the\nDirector, within the time specified in the notice, of a change\nmade in pursuance of the invitation under paragraph (b); and\n\nAssociations Act 2003 13\n(d) include in the notice an invitation to the applicant to provide to\nthe Director, within the time specified in the notice, particulars\nof the changes accompanied by a statutory declaration made\nby the applicant for incorporation declaring that:\n(i) the committee has made the changes identified in the\ndeclaration; and\n(ii) the applicant is authorised by the committee to provide\nthe Director with those changes.\n(2) If the Director receives the documents referred to in\nsubsection (1)(d), the Director must, under section 9, issue or\nrefuse to issue to the association a certificate of incorporation.\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Incorporation of association","content":"11 Incorporation of association\nOn the issue of a certificate of incorporation to an association under\nsection 9, the association:\n(a) becomes a body corporate with perpetual succession and a\ncommon seal; and\n(b) may acquire and, subject to section 110, may hold and\ndispose of, real and personal property; and\n(c) is capable of suing and being sued in its name.\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Vesting of property in incorporated association","content":"12 Vesting of property in incorporated association\n(1) If an association is incorporated under this Act, property held by a\nperson (whether in trust or otherwise) for or on behalf of the\nassociation vests in the association, subject to any trust, covenant,\ncontract or liability affecting the property.\n(2) A person who holds property (whether in trust or otherwise) for or\non behalf of an incorporated association must, as soon as\npracticable after the association is incorporated under this Act, take\nall action required to deliver or transfer the property to the\nassociation subject to:\n(a) any trust (other than a trust for the members of the\nassociation) affecting the property; or\n(b) any covenant, contract or liability affecting the property.\n\nAssociations Act 2003 14\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Power to borrow money and give securities","content":"13 Power to borrow money and give securities\nAn incorporated association may, subject to its constitution and to\nthis Act:\n(a) raise or borrow money on the terms and in the manner it\nconsiders appropriate; and\n(b) subject to section 110, secure the repayment of money raised\nor borrowed, or the payment of a debt or liability of the\nassociation, by giving mortgages, charges or securities on or\nover part or all of the real or personal property of the\n","sortOrder":16},{"sectionNumber":"13A","sectionType":"section","heading":"Prohibition on disbursing profits or assets to members","content":"13A Prohibition on disbursing profits or assets to members\n(1) This section does not apply to an incorporated trading association.\n(2) An incorporated association must not distribute profits, or dispose\nof assets, of the association to its members.\n(3) Subsection (2) does not apply to:\n(a) reasonable remuneration of a member of the association for\nwork done by the member:\n(i) for or on behalf of the association; and\n(ii) at the request of the association; or\n(b) any payments or dispositions incidental to activities carried on\nby the association in accordance or consistently with its\nobjects.\nmember, of an association, includes:\n(a) a former member of the association; and\n(b) an associate of a member of the association; and\n(c) an associate of a former member of the association.\n","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Liability of members","content":"14 Liability of members\nA member of an incorporated association is not liable, except as\nprovided in the constitution of the association, to contribute towards\nthe payment of the debts or liabilities of the association.\n\n","sortOrder":18},{"sectionNumber":"Div 3","sectionType":"division","heading":"Name and common seal of incorporated association","content":"Division 3 Name and common seal of incorporated association\nAssociations Act 2003 15\nDivision 3 Name and common seal of incorporated\n15 Name\n(1) The name of an incorporated association is the name of the\nassociation followed by the word \"Incorporated\".\n(2) A description of an incorporated association is not inadequate or\nincorrect by reason only that the abbreviation \"Inc.\" is used instead\nof \"Incorporated\".\n","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Name to appear on documents","content":"16 Name to appear on documents\nAn incorporated association must cause each notice,\nadvertisement, bill of exchange, promissory note, endorsement,\norder, way-bill, invoice, receipt or other document given, published,\ndrawn, endorsed or issued by it to contain the name of the\nassociation in legible characters.\n","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Change of name","content":"17 Change of name\n(1) If the Director is satisfied the members of an incorporated\nassociation have, in accordance with its constitution, resolved to\nchange the association's name, the Director may, on the application\nof the public officer of the association, issue to the association a\ncertificate of incorporation in the new name and that certificate of\nincorporation has effect, from the date of issue, as the certificate of\nincorporation of the association.\n(2) The Director must refuse to issue a certificate of incorporation to an\nincorporated association under subsection (1) if its proposed new\nname is a prescribed unauthorised name.\n(3) If the name of an incorporated association is (whether through\ninadvertence or otherwise or whether originally or by change of\nname) a prescribed unauthorised name, the Director may, by\nwritten notice, direct the association to change its name.\n(4) An incorporated association to which a notice under subsection (3)\nis given that does not change its name as directed by the notice\nwithin the time specified in the notice is guilty of an offence.\n(5) An offence under subsection (4):\n(a) is taken to continue until the name of the association is\nchanged in accordance with the direction; and\n\nAssociations Act 2003 16\n(b) is punishable by a fine not exceeding 20 penalty units for each\nday during which the offence continues.\n","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Director to notify association of refusal to issue new certificate","content":"18 Director to notify association of refusal to issue new certificate\nIf the Director refuses to issue a new certificate of incorporation to\nan incorporated association under section 17, the Director must\ngive written notice to the association of the refusal and the reasons\nfor it.\n","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Change of name does not affect existing rights and obligations","content":"19 Change of name does not affect existing rights and obligations\nThe issue of a certificate of incorporation under section 17 to an\nincorporated association in a new name does not affect:\n(a) a right, liability or obligation of the association or of another\nperson; or\n(b) any legal proceedings;\nexisting or pending immediately before the certificate was issued.\n","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Common seal","content":"20 Common seal\n(1) The common seal of an incorporated association is of no effect\nunless the name of the association is inscribed on the seal in\nlegible characters.\n(2) A court, judge or person acting judicially must take judicial notice of\nthe seal of an incorporated association affixed to a document and\nmust presume that it was duly affixed.\n","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Constitution","content":"21 Constitution\n(1) The constitution of an incorporated association must provide for the\nfollowing:\n(a) the qualifications of members of the association;\n(b) the creation of the executive offices of the association and the\nprocedure for filling those offices;\n(c) the procedure for the settling of disputes between the\nassociation and its members;\n(d) the constitution of the committee of the association and the\npowers of that committee;\n\nAssociations Act 2003 17\n(e) the procedure for the conduct of meetings of the committee of\nthe association;\n(f) the manner in which the funds of the association are to be\nmanaged;\n(g) the method of altering, adding to or rescinding the constitution\n(h) the method of altering the objects or purposes of the\nassociation;\n(i) in the case of an incorporated trading association:\n(i) the rights of members of the association to share in its\nprofits; and\n(ii) the rights of persons who were members of the\nassociation at the time of winding up to share in the\ndistribution of surplus assets, if any, resulting from the\nwinding up.\n(2) The constitution of an incorporated association may make\nprovision, not contrary to law, in relation to a matter not referred to\nin subsection (1).\n(3) The constitution of an incorporated association may be based on\nthe customs and traditions of the ethnic community to which the\nmembers of the association belong.\n","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Filing of trusts","content":"22 Filing of trusts\n(1) An incorporated association must, within 3 months after its\nincorporation under this Act, file with the Director particulars of, and\na copy of any instruments evidencing, each trust relating to the\nassociation on the day on which the association is incorporated.\n(2) If, after the incorporation of an association under this Act, a trust\nrelating to the association is created, the association must, within\none month after the trust's creation, file with the Director particulars\nof, and a copy of all instruments evidencing, the trust.\n(3) A copy of an instrument filed under subsection (1) or (2) must be\naccompanied by a statutory declaration made by the public officer\nof the association declaring that the copy is a true copy of the\ninstrument of which it purports to be a copy.\n\nAssociations Act 2003 18\n","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Alteration of constitution etc.","content":"23 Alteration of constitution etc.\n(1) The public officer of an incorporated association must, within\none month after an alteration of any of the following, file the\ndocuments specified in subsection (2) with the Director:\n(a) the objects or purposes of the association;\n(b) the constitution of the association;\n(c) a trust relating to the association.\n(2) For subsection (1), the documents are:\n(a) notice of the alteration; and\n(b) a copy of each instrument evidencing the alteration; and\n(c) a statutory declaration made by the public officer declaring:\n(i) that the copy is a true copy of the instrument of which it\npurports to be a copy; and\n(ii) in the case of an alteration of the objects, purposes or\nconstitution of the association – that the alteration is\nauthorised, and was made in the manner provided, by\nthe constitution of the association.\n(3) Subsection (4) applies if:\n(a) under the constitution of an incorporated association, the\nmembers of the association are liable to contribute towards\nthe payment of the debts and liabilities of the association or\nthe costs, charges and expenses of a winding up of the\n(b) an alteration of the constitution of the association affects that\nliability.\n(4) The public officer of the association must, within one month after\nthe alteration, give notice of that alteration in:\n(a) a newspaper circulating in the part of the Territory where the\nassociation carries on its activities; and\n(b) any other publication circulating in that part of the Territory\nthat the Director considers appropriate.\n\nAssociations Act 2003 19\n(5) An alteration of the objects or purposes of an incorporated\nassociation is of no effect until the alteration is approved by the\n(6) Also, an alteration of the objects, purposes or constitution of an\nincorporated association, or an alteration of a trust relating to an\nincorporated association, is of no effect until the following\ndocuments are filed with the Director:\n(a) the notice of the alteration;\n(b) the copy of each instrument evidencing the alteration;\n(c) the statutory declaration;\n(d) if notice of the alteration is required to be published in\naccordance with subsection (4) – a copy of the notice.\n(7) The Director may, by written notice given to an incorporated\nassociation, require the association to file a consolidated copy of its\nconstitution with the Director within the time specified in the notice.\n(8) In this section, a reference to an alteration of objects, purposes or\nconstitution or a trust includes a reference to an addition to, or the\nrevocation or rescission (whether in whole or part) of, those objects,\npurposes or constitution or that trust.\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Director to notify incorporated association of refusal","content":"24 Director to notify incorporated association of refusal\nIf the Director refuses to approve an alteration of the objects or\npurposes of an incorporated association under section 23(5), the\nDirector must give written notice to the association of the refusal\nand the reasons for it.\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Alteration of object etc. does not affect existing rights and","content":"25 Alteration of object etc. does not affect existing rights and\nobligations\nAn alteration of the objects, purposes or constitution of an\nincorporated association, or of a trust relating to an incorporated\nassociation, does not affect:\n(a) any right, liability or obligation of the association or another\nperson; or\n(b) any legal proceedings;\nexisting or pending immediately before the alteration took effect.\n\nAssociations Act 2003 20\nDivision 5 Miscellaneous provision\n26 Minimum number of members of association\nAn incorporated association must not have less than 5 members.\n27 Public officer\n(1) On the issue of a certificate of incorporation to an association under\nsection 9, the applicant is the public officer of the association.\n(2) The public officer of an incorporated association must be a person\nwho is resident in the Territory.\n(3) The public officer of an incorporated association may, subject to the\nconstitution of the association, hold any other office in the\n(4) The office of public officer of an incorporated association becomes\nvacant if the person holding the office:\n(a) dies; or\n(b) becomes bankrupt, applies to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors or compounds with his\nor her creditors; or\n(c) becomes of unsound mind; or\n(d) resigns office by signed notice to the committee of the\n(e) is removed by resolution of the members of the association\npassed in accordance with its constitution; or\n(f) ceases to be resident in the Territory.\n(5) In addition, if, under the constitution of an incorporated association,\nthe public officer of the association is required to be an employee of\nthe association or to hold another office specified in the constitution,\nthe office of public officer of the association becomes vacant if the\npublic officer ceases to satisfy the requirement.\n\nAssociations Act 2003 21\n(6) If the office of public officer of an incorporated association becomes\nvacant, the committee of the association must, within 14 days after\nthe vacancy arises, appoint a person to be the public officer.\n(7) If the committee of an incorporated association fails to comply with\nsubsection (6), each member of the committee is guilty of an\noffence punishable, on being found guilty, by a fine not exceeding\n20 penalty units.\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Notification of appointment and change of address of public","content":"28 Notification of appointment and change of address of public\nofficer\n(1) The public officer of an incorporated association must, within\n14 days after appointment, give written notice to the Director of the\nofficer's appointment and the officer's full name and address.\n(2) Subsection (1) does not apply to the public officer on the\nincorporation of the association.\n(3) If the public officer of an incorporated association changes address,\nthe officer must, within 14 days after the change, give written notice\nto the Director of the change.\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Management committee","content":"29 Management committee\n(1) A person is not precluded from being appointed as a member of the\ncommittee of an incorporated association because the person is a\nmember of a class of persons for whose benefit the association is\nestablished.\n(2) Subject to the constitution of an incorporated association, an\nemployee of the association is not precluded by reason of that\nemployment from being appointed as a member of the committee of\nthe association.\n30 Certain persons not to be members of committee etc.\n(1) A person who is an insolvent under administration or a disqualified\nperson must not, without leave of the Director, be an officer of an\n\nAssociations Act 2003 22\n(2) A person who has been convicted within or outside the Territory:\n(a) on an indictment of an offence in connection with the\npromotion, formation or management of a body corporate; or\n(b) of an offence involving fraud or dishonesty punishable on\nconviction by imprisonment for not less than 3 months; or\n(c) of an indictable offence; or\n(d) of an offence against this Act; or\n(e) a prescribed offence;\nmust not, within 5 years after the conviction or, if the person was\nsentenced to imprisonment in relation to the offence, within 5 years\nafter release from custody, without leave of the Director, be an\nofficer of an incorporated association.\n(3) Subsection (2) applies even if the conviction or release from\ncustody occurred before the commencement of this Act.\n(4) When granting leave under this section, the Director may impose\nthe conditions the Director considers appropriate.\n(5) The Director may revoke leave granted under this section.\ninsolvent under administration means a person who:\n(a) under the Bankruptcy Act 1966 (Cth), is a bankrupt in relation\nto a bankruptcy from which the person is not discharged; or\n(b) under the law of a country other than Australia, has the status\nof an undischarged bankrupt;\nand includes:\n(c) a person who has executed a personal insolvency agreement\nunder Part X of the Bankruptcy Act 1966 (Cth) or the\ncorresponding provisions of the law of another country, in\neither case if the terms of the deed have not been fully\ncomplied with; and\n(d) a person whose creditors have accepted a composition under\nPart X of the Bankruptcy Act 1966 (Cth) or the corresponding\nprovisions of the law of a another country, in either case if a\nfinal payment has not been made under that composition.\n\nAssociations Act 2003 23\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Disclosure of interest","content":"31 Disclosure of interest\n(1) A member of the committee of an incorporated association who has\na direct or indirect pecuniary interest in a contract, or proposed\ncontract, with the association:\n(a) must, as soon as the member becomes aware of the interest,\ndisclose the nature and extent of the interest to the committee;\nand\n(b) must disclose the nature and extent of the interest at the next\nannual general meeting of the association required to be held\nby the association.\n(2) Subsection (1) does not apply in relation to a pecuniary interest that\nexists only because:\n(a) the member of the committee is an employee of the\n(b) the member of the committee is a member of a class of\npersons for whose benefit the association is established; or\n(c) the member of the committee has the pecuniary interest in\ncommon with all or a substantial proportion of the members of\nthe association.\n(3) If a member of the committee of an incorporated association\ndiscloses a pecuniary interest in a contract, or proposed contract, in\naccordance with this section, or his or her interest is not required\nunder this section to be disclosed:\n(a) the contract is not liable to be avoided by the association on a\nground arising from the fiduciary relationship between the\nmember and the association; and\n(b) the member is not liable to account for profits derived from the\ncontract.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Voting on contract in which committee member has interest","content":"32 Voting on contract in which committee member has interest\n(1) A member of the committee of an incorporated association who has\na direct or indirect pecuniary interest in a contract, or proposed\ncontract, with the association must not take part in a decision of the\ncommittee with respect to that contract but may, subject to this\nDivision, take part in deliberations with respect to the contract.\n\nAssociations Act 2003 24\n(2) Subsection (1) does not apply in relation to a pecuniary interest:\n(a) that exists only because the member of the committee is a\nmember of a class of persons for whose benefit the\nassociation is established; or\n(b) that the member of the committee has in common with all or a\nsubstantial proportion of the members of the association.\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Duties of officers etc.","content":"33 Duties of officers etc.\n(1) An officer of an incorporated association must not, in the exercise\nof his or her powers or the discharge of the duties of his or her\noffice, commit an act with intent to deceive or defraud the\nassociation, members or creditors of the association or creditors of\nanother person or for any fraudulent purpose.\n(2) An officer or employee of an incorporated association, or former\nofficer or employee of an incorporated association, must not make\nimproper use of information acquired by virtue of his or her position\nin the association so as to gain, directly or indirectly, a pecuniary\nbenefit or material advantage for himself or herself or another\nperson or so as to cause a detriment to the association.\n(3) An officer or employee of an incorporated association must not\nmake improper use of his or her position as an officer or employee\nof the association so as to gain, directly or indirectly, a pecuniary\nbenefit or material advantage for himself or herself or another\nperson or so as to cause a detriment to the association.\n(4) A person who contravenes a provision of this section is liable to the\nassociation for all profit made by him or her and for all damage\nsuffered by the association as a result of the contravention.\n\nAssociations Act 2003 25\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Register of members","content":"34 Register of members\n(1) An incorporated association must establish and maintain a register\nof its members and enter in the register:\n(a) the date on which each member of the association became a\nmember; and\n(b) if a person ceases to be a member of the association – the\ndate of ceasing to be a member; and\n(c) the prescribed particulars, if any.\n(2) An incorporated association must make the register of members\navailable for inspection by members at reasonable times, or at the\ntimes specified in the constitution of the association, at:\n(a) the address of the public officer of the association; or\n(b) the place, if any, at which the association is situated or\nlocated; or\n(c) another place in the Territory nominated by the committee.\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"First annual general meeting","content":"35 First annual general meeting\nAn incorporated association must hold its first annual general\nmeeting within 18 months after its incorporation.\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Annual general meetings","content":"36 Annual general meetings\nAn incorporated association must, in addition to any other meeting\nit holds, hold an annual general meeting, once in each calendar\nyear, within 5 months after the end of the association's last financial\nyear.\n\nAssociations Act 2003 26\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Special resolutions","content":"37 Special resolutions\nA resolution of an incorporated association must be taken to be a\nspecial resolution if:\n(a) it is passed at a general meeting of the association, being a\nmeeting of which at least 21 days notice, accompanied by\nnotice of intention to propose the resolution as a special\nresolution, has been given to the members of the association;\nand\n(b) it is passed by at least three-quarters of the votes of those\nmembers of the association who, being entitled to vote, vote in\nperson or, if the constitution of the association permit voting by\nproxy, vote by proxy at the meeting.\nNote for paragraph (b)\nA special resolution must be passed by three-quarters of the votes actually cast\n(whether directly or by proxy) at the meeting. A special resolution is not required\nto be passed by three-quarters of all members eligible to vote.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Minutes","content":"38 Minutes\n(1) An incorporated association must:\n(a) ensure minutes of all proceedings of general meetings and of\nmeetings of the committee are entered in books kept for that\npurpose; and\n(b) ensure the minutes are:\n(i) confirmed by the members of the association present at\na subsequent meeting; and\n(ii) signed by a member who presided at the meeting at\nwhich the proceeding took place or by the member\npresiding at the meeting at which the minutes are\nconfirmed.\n(2) A minute that is entered, confirmed and signed in accordance with\nsubsection (1) is, in the absence of proof to the contrary, to be\naccepted as proof of the proceedings to which the minute relates.\n(3) If minutes have been entered, confirmed and signed in accordance\nwith subsection (1), in the absence of proof to the contrary, it is\ntaken that:\n(a) the meeting to which the minutes relate was held; and\n\nAssociations Act 2003 27\n(b) the proceedings that are recorded in the minutes as having\noccurred during the meeting occurred; and\n(c) all appointments of officers or auditors that are recorded in the\nminutes as having been made at the meeting were validly\nmade.\n(4) The books containing the minutes of proceedings of a general\nmeeting or of a meeting of the committee of an incorporated\nassociation must be kept:\n(a) by the association at the place at which the association is\nsituated or established; or\n(b) in the custody of an officer of the association in accordance\nwith its constitution or a resolution of the committee of the\n(5) The books containing the minutes of proceedings of general\nmeetings of an incorporated association must be made available for\ninspection by a member without charge.\n(6) The books containing the minutes of proceedings of committee\nmeetings of an incorporated association must be made available for\ninspection by an officer without charge.\n(7) If subsection (4), (5) or (6) is not complied with, the association and\neach officer of the association who failed to comply with the\nsubsection are guilty of an offence.\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Natural justice applies in adjudication of disputes","content":"39 Natural justice applies in adjudication of disputes\nIf the committee of an incorporated association exercises a power\nof adjudication that it has in relation to a dispute between members\nof the association, or a dispute between itself and members of the\nassociation, the rules of natural justice must be observed.\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Disqualified person","content":"40 Disqualified person\n(1) The Director must, in writing, declare a person to be disqualified\nfrom being an officer of an incorporated association if the\nCommissioner of Police states in a certificate given to the Director\nthat the person:\n(a) is unfit to be an officer of an incorporated association; or\n\nAssociations Act 2003 28\n(b) has in any way (whether directly or indirectly) been concerned\nin or taken part in the management of at least 2 bodies\ncorporate (whether or not incorporated associations) that have\nceased to exist because of financial mismanagement; or\n(c) is an associate of a disqualified person.\n(2) The Commissioner of Police may give the certificate only on the\nbasis of a criminal intelligence report or other criminal information\nheld by the Commissioner of Police.\n(3) The Director must give the person written notice of the declaration.\n(4) The notice must:\n(a) state the following:\n(i) in general terms, the effect of the declaration;\n(ii) the person may, within 21 days after the day on which\nthe notice is given to the person, make an application to\nNTCAT under section 40A in relation to the declaration;\nand\n(b) be accompanied by a copy of the certificate.\n(5) Subject to any order made by NTCAT under section 40A(8), the\ndeclaration remains in force for 5 years from the date it is made.\n(5A) The Commissioner of Police's power of delegation under\nsection 14(4) of the Police Administration Act 1978 does not apply\nto a power or function under this section.\nassociate, of a disqualified person, means the spouse, de facto\npartner, business partner or business associate of the person.\n","sortOrder":41},{"sectionNumber":"40A","sectionType":"section","heading":"Application to NTCAT by disqualified person","content":"40A Application to NTCAT by disqualified person\n(1) A disqualified person may apply to NTCAT for an order revoking the\ndeclaration made under section 40 in respect of the person.\n(2) An application under subsection (1):\n(a) is a matter within NTCAT's original jurisdiction; and\n(b) must be made within 21 days after the day on which the notice\nof the declaration is given to the person under section 40(3).\n\nAssociations Act 2003 29\n(3) NTCAT may, at any time, extend the time allowed under\nsubsection (2)(b) for making an application.\n(4) The Commissioner of Police and the Director are parties to a\nproceeding commenced under this section.\n(5) On an application under subsection (1), NTCAT must determine\nwhether the applicant is a fit and proper person to be an officer of\nan incorporated association.\n(6) NTCAT may make its determination only on the evidence given by\na party to the proceeding.\n(7) The Commissioner of Police cannot be compelled to give evidence\nin the proceeding relating to the issue of the certificate or the basis\nupon which the certificate was given to the Director under\nsection 40.\n(8) If NTCAT is satisfied that the applicant is a fit and proper person to\nbe an officer of an incorporated association, NTCAT must, by order,\nrevoke the declaration.\n(9) If NTCAT is not satisfied that the applicant is a fit and proper person\nto be an officer of an incorporated association, NTCAT must\ndismiss the application.\n(10) In addition to any order made under subsection (8) or (9), NTCAT\nmay make any consequential or ancillary orders that NTCAT\nconsiders appropriate in the circumstances.\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"Accounting records","content":"41 Accounting records\nAn incorporated association must:\n(a) keep accounting records that correctly record and explain the\ntransactions (including any transactions as trustee) and the\nfinancial position of the association; and\n(b) keep its accounting records in such a way that:\n(i) true and fair accounts of the association can be\nprepared from time to time; and\n\nAssociations Act 2003 30\n(ii) a statement of the accounts of the association can\nconveniently and properly be audited in accordance with\nthis Part; and\n(c) retain its accounting records for at least 7 years after the\ntransactions to which they relate were completed.\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Annual statement of accounts","content":"42 Annual statement of accounts\n(1) The committee of an incorporated association must ensure a\nstatement of the association's accounts are prepared:\n(a) before the end of the period within which an annual general\nmeeting of the association is required to be held under\nsection 35 or 36; or\n(b) if the association is exempt under section 5 from the\nrequirement to hold an annual general meeting:\n(i) as soon as practicable after 30 June; or\n(ii) if under the constitution of the association the financial\nyear of the association ends on another date – as soon\nas practicable after that date.\n(2) The statement of accounts must not be misleading and must give a\ntrue and fair account of:\n(a) the income and expenditure of the association during the last\nfinancial year of the association; and\n(b) the assets and liabilities of the association at the end of that\nfinancial year; and\n(c) mortgages, charges or other securities of any description\naffecting property of the association at the end of that financial\nyear; and\n(d) in relation to each trust of which the association was the\ntrustee for any period during that financial year:\n(i) the income and expenditure of the trust during that\n(ii) the assets and liabilities of the trust at the end of that\n\nAssociations Act 2003 31\n(iii) all mortgages, charges or other securities of any\ndescription affecting the property of the trust during that\n(e) any prescribed matters.\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Presentation of statement at AGM","content":"43 Presentation of statement at AGM\n(1) At each annual general meeting of an incorporated association, the\ncommittee must present the following documents for the\nconsideration of the meeting:\n(a) the audited statement of the association's accounts in relation\nto the last financial year of the association;\n(b) a copy of the auditor's report to the association in relation to\nthe association's accounts for that financial year;\n(c) a report signed by 2 members of the committee stating:\n(i) the name of each member of the committee of the\nassociation during the last financial year of the\nassociation and, if different, at the date of the report; and\n(ii) the principal activities of the association during the last\nfinancial year and any significant change in the nature of\nthose activities that occurred during that financial year;\nand\n(iii) the net profit or loss of the association for the last\nfinancial year.\n(2) The committee of an incorporated association must ensure the\nprescribed number of copies of the documents referred to in\nsubsection (1)(a) and (b) are available for perusal by members of\nthe association immediately before and during the annual general\nmeeting.\n\nAssociations Act 2003 32\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Inspection of audited accounts by members","content":"44 Inspection of audited accounts by members\nThe committee of an incorporated association must take\nreasonable steps to ensure that, at least 14 days before it is\nrequired to be presented at the annual general meeting of the\nassociation under section 43:\n(a) the audited statement of accounts of the association is\navailable for inspection by members; and\n(b) in the case of a tier 3 association – members are informed of\nthe availability by notice:\n(i) published in a newspaper circulating in the part of the\nTerritory where the association carries on its activities; or\n(ii) published in any other publication circulating in the part\nof the Territory the Director considers appropriate; or\n(iii) sent to each member; or\n(iv) in any other manner approved by the Director.\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Filing of audited accounts with Director","content":"45 Filing of audited accounts with Director\n(1) An incorporated association must file a copy of each of the\ndocuments referred to in section 43(1) with the Director:\n(a) within 28 days after the documents have been presented at\nthe annual general meeting; or\n(b) if the association is exempt under section 5 from the\nrequirement to hold an annual general meeting – within\n28 days after the documents are prepared.\n(2) If an incorporated association contravenes subsection (1), the\npublic officer commits the same offence.\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Audits of tier 1 incorporated association","content":"46 Audits of tier 1 incorporated association\n(1) A tier 1 incorporated association must ensure its accounts are\naudited by a person who:\n(a) is not a member of the association; or\n\nAssociations Act 2003 33\n(b) is not the spouse or de facto partner or a business partner,\nemployer or employee of a member of the association; or\n(c) is not the spouse or de facto partner or a business partner of\nan employee of a member of the association.\n(2) If an incorporated association contravenes subsection (1), each\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Audits of tier 2 incorporated association","content":"47 Audits of tier 2 incorporated association\n(1) This section applies to an incorporated association (a tier 2\nincorporated association) that is not a tier 3 incorporated\nassociation and the association:\n(a) has gross receipts, at the end of a financial year of the\nassociation, exceeding the prescribed amount for the year; or\n(b) has gross assets, at the end of a financial year of the\n(c) holds a licence under the Gaming Machine Act 1995; or\n(d) is a prescribed incorporated association or a member of a\nclass of prescribed incorporated associations.\n(2) The association must ensure its accounts are audited by:\n(a) a person who is a member of an accountants body; or\n(b) a person who holds qualifications in a prescribed class of\nqualifications; or\n(c) a person who is, or is a member of a class of persons,\napproved by the Director.\n(3) If an incorporated association contravenes subsection (2), each\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Audits of tier 3 incorporated association","content":"48 Audits of tier 3 incorporated association\n(1) This section applies to an incorporated association (a\ntier 3 incorporated association) that:\n(a) is an incorporated trading association; or\n\nAssociations Act 2003 34\n(b) has gross receipts, at the end of a financial year of the\n(c) has gross assets, at the end of a financial year of the\n(d) is an incorporated association for which a declaration under\nsection 101 has been made.\n(2) The association must ensure its accounts are audited by:\n(a) for an incorporated association described in subsection (1)(a),\n(b) or (c) – a person who holds a public practice certificate\nissued by an accountants body; or\n(b) for an incorporated association described in subsection (1)(a),\n(b) or (c) – a person who is, or is a member of a class of\npersons, approved by the Director; or\n(c) for an incorporated association described in\nsubsection (1)(d) – a person who is registered as an auditor\nunder the Corporations Act 2001.\n(3) If an incorporated association contravenes subsection (2), each\n(4) The auditor must report to the association on:\n(a) the statement of accounts required to be laid before the\nassociation at the annual general meeting; and\n(b) the association's accounting records; and\n(c) other records relating to the accounts or accounting records.\n(5) The auditor must state in the report:\n(a) whether the accounts are in the auditor's opinion properly\ndrawn up:\n(i) so as to give a true and fair view of matters required by\nsection 42(2) to be dealt with in the accounts;\n(ii) in accordance with this Act; and\n(iii) in accordance with applicable Australian accounting\nstandards;\n\nAssociations Act 2003 35\n(b) if, in the auditor's opinion, the accounts have not been drawn\nup in accordance with the applicable accounting standards:\n(i) whether, in the auditor's opinion, the accounts would, if\ndrawn up in accordance with the applicable accounting\nstandards, have given a true and fair view of the matters\nrequired by section 42(2) to be dealt with in the\naccounts;\n(ii) if, in the auditor's opinion, the accounts would not, if so\ndrawn up, have given a true and fair view of those\nmatters – the auditor's reasons for being of that opinion;\nand\n(iii) if subparagraph (ii) does not apply – particulars of the\nquantified financial effect on the accounts of the failure\nto so draw up the accounts;\n(c) if, in the auditor's opinion, there are reasonable grounds to\nbelieve the association will be able to pay its debts when they\nfall due;\n(d) the defects or irregularities in the accounts identified during\nthe audit;\n(e) the matters that, because they are not set out in the accounts,\nprevent a true and fair view of the accounts being obtained;\nand\n(f) if the auditor is not so satisfied about a matter referred to in\nparagraphs (a) to (c), the auditor's reasons for not being so\nsatisfied.\n(6) The auditor must:\n(a) form an opinion as to whether:\n(i) the auditor has obtained all the information and\nexplanations the auditor required; and\n(ii) proper accounting records and other records have been\nkept by the association as required by this Act; and\n(b) state in the auditor's report particulars of a deficiency, failure\nor shortcoming in relation to a matter referred to in\nparagraph (a).\n(7) The auditor's report:\n(a) must be attached to or endorsed on the accounts; and\n\nAssociations Act 2003 36\n(b) must, if a member so requires, be read before the association\nat the annual general meeting; and\n(c) may be inspected by a member at any reasonable time.\n(8) The auditor, or an agent of the auditor authorised by the auditor in\nwriting for the purpose, is entitled:\n(a) to attend a general meeting of the association and to receive\nall notices of and other communications relating to a general\nmeeting that a member is entitled to receive; and\n(b) to be heard at a general meeting that the auditor attends on a\npart of the business of the meeting that concerns the auditor in\nthe capacity of auditor and is entitled so to be heard even if\nthe auditor retires at that meeting or a resolution to remove the\nauditor from office is passed at that meeting.\n(9) If the auditor becomes aware that the committee has not complied\nwith section 43 relating to the presenting of accounts before the\nannual general meeting of the association, the auditor must\nimmediately:\n(a) inform the Director by written notice; and\n(b) if accounts have been prepared and audited – send to the\nDirector a copy of the accounts and the auditor's report on the\naccounts.\n(10) Except in a case to which subsection (9) applies, if the auditor, in\nthe course of the performance of duties as auditor, is satisfied:\n(a) there has been a contravention of this Act; and\n(b) the circumstances are such that in the auditor's opinion the\nmatter has not been or will not be adequately dealt with by\ncomment in the auditor's report on the accounts or by bringing\nthe matter to the notice of the committee of the association;\nthe auditor must as soon as practicable report the matter to the\nDirector by written notice.\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Auditor's powers and duties","content":"49 Auditor's powers and duties\n(1) An auditor of an incorporated association has a right of access at all\nreasonable times to the accounting records and other records of the\nassociation and is entitled to require from an officer of the\nassociation the information and explanations the auditor requires\nfor the purpose of auditing the association's accounts.\n\nAssociations Act 2003 37\n(2) If an auditor, in the course of the performance of duties as auditor\nof an incorporated association, is satisfied there has been a failure\nto comply with this Act or with a rule of the association, the auditor\nmust note the matter in the auditor's report to the association in\nrelation to the association's accounts.\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Auditor's liability","content":"50 Auditor's liability\nAn auditor of an incorporated association is not, in the absence of\nmalice on the auditor's part, liable for defamation in relation to a\nstatement that the auditor makes, orally or in writing, in the course\nof the performance of duties as auditor of the association.\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Obstruction of auditor","content":"51 Obstruction of auditor\n(1) An officer of an incorporated association must not, without lawful\nexcuse:\n(a) refuse or fail to allow an auditor of the association access, for\nthe purpose of auditing the accounts of the association, to\naccounting or other records of the association in the officer's\ncustody or control; or\n(b) refuse or fail to give the auditor, within a reasonable time,\ninformation or an explanation required by the auditor that is\nwithin the knowledge of the officer; or\n(c) obstruct an auditor in the performance of duties or exercise of\npowers as auditor of the association.\nobstruct includes hinder, resist and attempt to obstruct.\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Removal of auditors","content":"52 Removal of auditors\n(1) The auditor of a tier 2 incorporated association or tier 3\nincorporated association may only be removed:\n(a) by a resolution at an annual general meeting or special\ngeneral meeting of the association; or\n(b) on the application of the auditor, with the approval of the\n\nAssociations Act 2003 38\n(2) If an auditor is removed under subsection (1), the committee of the\nassociation must, within 14 days after the removal, notify the\nDirector in the approved form of the appointment of another auditor.\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Application of Part 6","content":"53 Application of Part 6\nThis Part does not apply to an incorporated trading association.\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Transfer of property","content":"54 Transfer of property\n(1) Subject to this section and section 110, an incorporated association\nmay, by resolution passed in accordance with its constitution,\ndetermine to transfer all its real and personal property to:\n(a) another body, whether incorporated or unincorporated, formed\nfor promoting objects similar to its own or charitable objects; or\n(b) a local government council for the area in which the property\nis situated.\n(2) The resolution is of no effect if the association does not, within\n14 days after the passing of a resolution referred to in\nsubsection (1):\n(a) file a copy of the resolution with the Director; and\n(b) give notice of its intention to transfer all its property in\naccordance with the resolution published in:\n(i) a newspaper circulating in the part of the Territory where\nthe association carries on its activities; and\n(ii) any other publication circulating in that part of the\nTerritory that the Director considers appropriate; and\n(iii) the Gazette.\n(3) A member of the association who did not vote in favour of the\nresolution may, within 28 days after publication of the resolution\nunder subsection (2), apply to the Supreme Court for an order\nprohibiting the association from transferring its property.\n(4) A creditor of the association may, within 28 days after publication of\nthe resolution under subsection (2), apply to the Supreme Court for\nan order prohibiting the association from transferring its property on\nthe ground that the creditor's debt has not been paid.\n\nAssociations Act 2003 39\n(5) The Court may determine the matters in question as it considers\n(6) The association must not transfer its property:\n(a) until 28 days after the publication of the last notice given under\nsubsection (2)(b); or\n(b) if an application to the Court has been made under\nsubsection (3), unless the Court permits the transfer; or\n(c) after a letter has been sent to the association under\nsection 65(1), or a notice is issued under section 65(4), unless\nthe Director has, in writing, informed the association that the\nDirector is satisfied the association is carrying out its functions\nor is in operation; or\n(d) if Part 9 applies to the association, other than in accordance\nwith that Part;\nbut this subsection does not affect the title of a bona fide transferee\nunder a transfer of a kind to which this subsection applies.\n(7) When the association has completed the transfer of all its property\nunder this section:\n(a) the public officer of the association must immediately file\nnotice of its completion with the Director; and\n(b) after 3 months after the filing of the notice under\nparagraph (a), the association is taken to be dissolved.\n(8) This section, other than subsection (6), does not prevent an\nassociation making gifts that do not constitute the whole or the\ngreater part of its property or the disposal of property under\nsection 55.\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Power of incorporated association to sell trust property","content":"55 Power of incorporated association to sell trust property\n(1) If property is held by an incorporated association on trust and the\ntrust has come either wholly or partly to an end, the public officer of\nthe association may, with the authority of its committee, apply to the\nSupreme Court for an order authorising the disposal of the whole or\na part of the property.\n\nAssociations Act 2003 40\n(2) At the hearing of the application the Court may, despite the deed or\nother instrument creating the trust or the constitution of the\nassociation, make an order:\n(a) authorising the disposal of the whole or a part of the property;\nand\n(b) directing the manner in which the proceeds from the disposal\nof the property, or the part of the property, are to be disposed\nof or dealt with.\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Application for transfer","content":"56 Application for transfer\n(1) An incorporated association may apply to become incorporated\nunder the Corporations Act 2001 or another Act.\n(2) However, an incorporated association holding prescribed property\nis not entitled to make an application under subsection (1) unless\nthe Director gives written consent to the application.\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Requirements before application can be made","content":"57 Requirements before application can be made\n(1) Before an application is made under section 56, the incorporated\nassociation must by special resolution:\n(a) approve the proposed application; and\n(b) determine under what name the association is to apply to be\nincorporated; and\n(c) adopt a constitution that may be necessary or considered\ndesirable.\n(2) The name applied for need not be the same as that of the\nassociation and must not include the word \"association\" or any\nother word importing a similar meaning.\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Meaning of transfer and new body","content":"58 Meaning of transfer and new body\nThe incorporation of an incorporated association as a body\ncorporate as a result of an application under this Part is referred to\nin this Part as its transfer and the body corporate concerned is\nreferred to in this Part as the new body.\n\nAssociations Act 2003 41\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"New body ceases to be incorporated association","content":"59 New body ceases to be incorporated association\nOn the transfer of an incorporated association under this Part, it\nceases to be an incorporated association.\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Transfer not to impose greater liability etc.","content":"60 Transfer not to impose greater liability etc.\n(1) The constitution adopted for the transfer must not impose on the\nmembers of the new body who were members of the incorporated\nassociation at the date of transfer any greater or different liability to\ncontribute to the assets of the new body than the liability to which\nthey were subject as members of the association.\n(2) The transfer must result in all persons who were members of the\nassociation at the date of transfer becoming members of the new\nbody.\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Effect of new certificate of incorporation","content":"61 Effect of new certificate of incorporation\nA certificate of incorporation as the new body issued by the\nappropriate officer under the law applicable to the new body is\nconclusive evidence that all the requirements of this Part in relation\nto that incorporation have been complied with.\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"New body is continuation of incorporated association","content":"62 New body is continuation of incorporated association\n(1) When an incorporated association transfers to a new body, the\nbody corporate constituted by the new body must be considered to\nbe the same entity as the body corporate constituted by the\n(2) Without limiting subsection (1), on the transfer:\n(a) the assets of the incorporated association vest in the new\nbody without the need for any conveyance, transfer,\nassignment or assurance; and\n(b) the rights and liabilities of the incorporated association\nbecome the rights and liabilities of the new body; and\n(c) all proceedings by or against the incorporated association that\nare pending immediately before the transfer are taken to be\nproceedings pending by or against the new body; and\n(d) any act, matter or thing done or omitted to be done by or in\nrelation to the incorporated association before the transfer is\n(to the extent to which that act, matter or thing has any force\nor effect) taken to have been done or omitted by or in relation\nto the new body; and\n\nAssociations Act 2003 42\n(e) a reference in an instrument or in any document of any kind to\nthe incorporated association includes a reference to the new\nbody.\n(3) The operation of this section must not be regarded:\n(a) as a breach of contract or confidence or otherwise as a civil\nwrong; or\n(b) as a breach of any contractual provision prohibiting, restricting\nor regulating the assignment or transfer of assets, rights or\nliabilities; or\n(c) as giving rise to any remedy by a party to an instrument, or as\ncausing or permitting the termination of any instrument,\nbecause of a change in the beneficial or legal ownership of\nany asset, right or liability.\n(4) Despite the Stamp Duty Act 1978, a document or instrument\nexecuted or registered for or with respect to a transfer of any\nproperty to give effect to this section is exempt from stamp duty.\n(5) In this section:\nassets means any legal or equitable estate or interest (whether\npresent or future and whether vested or contingent) in real or\npersonal property of any description (including money), and\nincludes any securities, choses in action and documents.\ninstrument means an instrument (other than this Act) that creates,\nmodifies or extinguishes rights or liabilities (or would do if lodged,\nfiled or registered in accordance with any law), and includes any\njudgment, order and process of a court.\nliabilities means liabilities, debts and obligations (whether present\nor future and whether vested or contingent).\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Director may direct incorporated association to change its","content":"63 Director may direct incorporated association to change its\nincorporation\n(1) The Director may, by written notice given to an incorporated\nassociation direct the association, within the reasonable time stated\nin the notice, as follows:\n(a) if:\n(i) the association is an incorporated trading association –\nto return the association's certificate of incorporation for\nthe Director to amend it to omit the statement referred to\nin section 9(2); or\n\nAssociations Act 2003 43\n(ii) if subparagraph (i) does not apply – to return the\nassociation's certificate of incorporation for the Director\nto amend it to include the statement referred to in\nsection 9(2);\n(b) to apply for incorporation under the Corporations Act 2001 or\nanother Act.\n(2) The Director may give the direction only if satisfied it is appropriate\nto do so having regard to the prescribed matters.\n(3) The Director must give written notice to the association:\n(a) specifying the reasons for proposing to give the direction; and\n(b) inviting the association to show cause, in writing and within a\nspecified period, why the direction should not be given.\n(4) Before giving the direction, the Director must consider any\nrepresentations properly made by the association.\n(5) The association must comply with the direction within the time\nspecified in it.\n(6) The amendment of the association's certificate of incorporation\nunder a direction under subsection (1)(a) takes effect on the date\nthe amendment is made and this Act applies to the association\naccordingly.\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Application of Part 8","content":"64 Application of Part 8\nThis Part does not apply to an incorporated trading association.\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Dissolution","content":"65 Dissolution\n(1) If the Director has reasonable cause to believe that an incorporated\nassociation is not carrying out its objects or is not in operation, the\nDirector may send to the public officer of the association or, if there\nis no public officer, to a person who is apparently a member of the\ncommittee of the association, a letter to the effect that:\n(a) the Director is of the opinion that the association is not\ncarrying out its objects or is not in operation; and\n\nAssociations Act 2003 44\n(b) if an answer showing cause to the contrary is not received by\nthe Director within one month after the date of the letter, a\nnotice will be published in the Gazette under subsection (4) for\ndissolving the association.\n(2) The public officer of an incorporated association may apply to the\nDirector for dissolution of the association under this section.\n(3) The application must:\n(a) be in the approved form; and\n(b) be accompanied by a statutory declaration specifying that the\npublic officer has reasonable cause to believe the association\nis not carrying out its objects or is not in operation.\n(4) If the Director:\n(a) has not received, within one month after the date of the letter\nsent under subsection (1), an answer showing cause to the\ncontrary; or\n(b) has received an application under subsection (2);\nthe Director may:\n(c) publish in the Gazette; and\n(d) send to the public officer of the association or, if there is no\npublic officer, to a person who is apparently a member of the\ncommittee of the incorporated association;\na notice stating that, after 3 months after the date of that notice, the\nassociation will, unless cause is shown to the contrary, be\ndissolved.\n(5) After 3 months from the date of the notice under subsection (4), the\nDirector may, unless cause to the contrary is previously shown,\npublish in the Gazette a notice that the association is dissolved.\n(6) If a notice is published under subsection (5):\n(a) the association is dissolved; and\n(b) the liability, if any, of each officer and member of the\nassociation continues and may be enforced as if it had not\nbeen dissolved.\n\nAssociations Act 2003 45\n(7) If the Director is satisfied the dissolution of an incorporated\nassociation was the result of an error on his or her part, the Director\nmust, by Gazette notice, reinstate the association and the\nassociation is taken to have continued in existence as if it had not\nbeen dissolved.\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Director may act administratively for dissolved incorporated","content":"66 Director may act administratively for dissolved incorporated\n(1) If, after an incorporated association has been dissolved under\nsection 65, it is proved to the satisfaction of the Director:\n(a) that the association, if it still existed, would be legally or\nequitably bound to carry out, complete or give effect to some\ndealing, transaction or matter; and\n(b) that, in order to carry out, complete or give effect to the\ndealing, transaction or matter, a purely administrative act\n(other than of a discretionary kind) should have been done by\nor on behalf of the association or, if it still existed, should be\ndone by or on its behalf;\nthe Director may do the act or cause the act to be done.\n(2) The Director may execute or sign a relevant instrument or\ndocument and, if the Director does so, the Director must add a\nmemorandum stating that it has been done under this section.\n(3) An execution or signature by the Director under subsection (2) has\nthe same force, validity and effect as if the association, if it still\nexisted, had duly executed the instrument or document.\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"Property of dissolved incorporated association vests in CEO","content":"67 Property of dissolved incorporated association vests in CEO\n(1) If, after an incorporated association has been dissolved under\nsection 65, there remains outstanding property:\n(a) that was vested in the association; or\n(b) to which the association was entitled; or\n(c) over which the association had a power of disposal at the time\nit was dissolved;\nbut which was not got in, realised or otherwise disposed of or dealt\nwith by the association, the property is, for sections 68, 69 and 70,\nand despite any other law of the Territory, vested in the CEO for all\nthe legal and equitable estate and interest of the association at the\ndate it was dissolved, together with all claims, rights and remedies\nthat it then had in relation to the estate or interest.\n\nAssociations Act 2003 46\nproperty includes both real and personal property, including things\nin action, whether the property is within or outside the Territory.\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"CEO may sell vested property","content":"68 CEO may sell vested property\n(1) If the CEO is satisfied an estate or interest in property of any\ndescription (whether held solely or together with another person) of\na beneficial nature and not merely held in trust, is vested in the\nCEO under section 67 or a corresponding previous law of the\nTerritory, the CEO may sell or otherwise dispose of or deal with the\nestate or interest or all or part of it as the CEO considers\n(2) The CEO may sell or otherwise dispose of or deal with the property\neither solely or in concurrence with another person by public\nauction, public tender or private contract.\n(3) The CEO may:\n(a) sell or otherwise dispose of or deal with the property in the\nmanner, for the consideration and on the terms and conditions\nthe CEO considers appropriate; and\n(b) rescind a contract and resell or otherwise dispose of or deal\nwith the property as the CEO considers appropriate; and\n(c) for paragraphs (a) and (b), make, execute, sign and give a\ncontract, instrument or document, as the CEO considers\n(4) The CEO must be remunerated by the prescribed commission,\nwhich may be prescribed as a percentage or otherwise, in relation\nto the exercise of the powers conferred by subsection (1).\n(5) The CEO must:\n(a) pay the costs and expenses of and incidental to the exercise\nof a power under this section; and\n(b) make payments authorised by this section;\nout of money received by the CEO in the exercise of a power under\nthis section and must pay the remainder of the money (if any) to the\nTreasurer.\n(6) The Treasurer must pay all money paid to the Treasurer under this\nsection into the Northern Territory Government Account.\n\nAssociations Act 2003 47\n(7) A person claiming to be entitled to an amount paid to the Treasurer\nunder this section may apply to the Treasurer for the amount to be\npaid to the person.\n(8) On an application under subsection (7), if the Treasurer is satisfied\nthat the applicant is entitled to an amount of money paid to the\nTreasurer under this section, the Treasurer must authorise the\npayment of that amount to the applicant.\n(8A) An amount authorised to be paid to the applicant under\nsubsection (8) may be paid in any way the Treasurer considers\n(9) This section does not deprive a person of another right or remedy\nto which the person is entitled against another person.\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"Property vested in CEO subject to all charges etc.","content":"69 Property vested in CEO subject to all charges etc.\n(1) Property vested in the CEO under section 67 or a corresponding\nprevious law of the Territory is liable and subject to all charges,\nclaims and liabilities imposed on or affecting the property by reason\nof a law as to rates, taxes, charges or another matter or thing, to\nwhich the property would have been liable or subject had the\nproperty continued in the possession, ownership or occupation of\nthe incorporated association.\n(2) Subsection (1) does not impose on the CEO a duty, obligation or\nliability to do, or to permit to be done, an act or thing required by a\nlaw referred to in subsection (1) to be done or permitted by the\nowner or occupier of the property to be done, other than the\nsatisfaction or payment of a charge, claim or liability out of the\nassets of the incorporated association so far as they are, in the\nopinion of the CEO, properly available for and applicable to such\npayment.\n","sortOrder":71},{"sectionNumber":"70","sectionType":"section","heading":"CEO to keep records etc.","content":"70 CEO to keep records etc.\nThe CEO must:\n(a) record a statement of property under his or her control or to\nhis or her knowledge vested in him or her by operation of\nsection 67 and of his or her dealings with it; and\n(b) keep accounts of all money arising from property referred to in\nparagraph (a) and of how the money has been disposed of;\nand\n(c) keep all accounts, vouchers, receipts and papers relating to\nproperty referred to in paragraph (a) and money arising from\nthe property.\n\nAssociations Act 2003 48\n","sortOrder":72},{"sectionNumber":"71","sectionType":"section","heading":"Reinstatement of dissolved incorporated association by","content":"71 Reinstatement of dissolved incorporated association by\nNTCAT\n(1) A person who is aggrieved by the dissolution of an incorporated\nassociation under section 65 may apply to NTCAT for the\nreinstatement of the association.\n(2) An application under subsection (1):\n(a) is a matter within NTCAT's original jurisdiction; and\n(b) must be made within 5 years after the dissolution of the\n(3) The Director and the CEO are parties to a proceeding commenced\nunder this section.\n(4) On an application under subsection (1), the applicant has the\nburden of proving that the incorporated association was, at the time\nof its dissolution, carrying out its objects or in operation.\n(5) If NTCAT is satisfied that the incorporated association was, at the\ntime of its dissolution, carrying out its objects or in operation,\nNTCAT may order the Director to reinstate the association.\n(6) In making an order for the reinstatement of the incorporated\nassociation under subsection (5), NTCAT may give any directions\nthat it considers appropriate for placing the association and all other\npersons in the same position (to the extent it is practicable to do so)\nas if the association had not been dissolved.\n(7) Without limiting subsection (6), NTCAT may give directions in\nrelation to:\n(a) the transfer to the incorporated association of any property\nvested in the CEO under section 67 that has not been sold or\notherwise disposed of under section 68; and\n(b) the payment to the association of any money received by the\nCEO in the exercise of a function under section 68 and paid to\nthe Treasurer under that section.\n(8) If NTCAT makes an order for the reinstatement of the incorporated\nassociation under subsection (5), the Director must, by Gazette\nnotice, reinstate the association.\n(9) On the reinstatement of the incorporated association under\nsubsection (8), the association is taken to have continued in\nexistence as if it had not been dissolved.\n\nAssociations Act 2003 49\n(10) Without limiting subsection (9), proceedings that might have been\ntaken if the incorporated association had not been dissolved may\nbe taken.\n","sortOrder":73},{"sectionNumber":"Div 1","sectionType":"division","heading":"Winding up and other matters relating to external","content":"Division 1 Winding up and other matters relating to external\nadministration\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Application of Corporations Act 2001 to external","content":"72 Application of Corporations Act 2001 to external\nadministration\nThe external administration of an incorporated association is\ndeclared to be an applied Corporations legislation matter for Part 4\nof the Corporations Reform (Northern Territory) Act 2001 in relation\nto the following provisions of the Corporations legislation, subject to\nany modifications (within the meaning of the Corporations Reform\n(Northern Territory) Act 2001) prescribed by the Regulations:\n(a) Chapter 5 of the Corporations Act 2001 other than:\n(i) Part 5.7; and\n(ii) Part 5.7B, Divisions 4 to 7; and\n(iii) Part 5.8;\n(b) the prescribed provisions of the Corporations\nRegulations 2001 (Cth);\n(c) the Corporations Law Rules 2000.\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Winding up by Supreme Court on certificate of Director","content":"73 Winding up by Supreme Court on certificate of Director\n(1) An incorporated association may be wound up by the Supreme\nCourt on the certificate of the Director issued under this section.\n(2) The Director may issue a certificate for the winding up of an\nincorporated association on the following grounds:\n(a) that the association has contravened a condition imposed in\nrelation to the association by the Director under this Act;\n(b) that the incorporation of the association has been obtained by\nmistake or fraud;\n(c) that the association has, after notice by the Director of a\nbreach of this Act or the constitution of the association, failed,\nwithin the time specified in the notice, to remedy the breach;\n\nAssociations Act 2003 50\n(d) that the association has not complied with a direction given by\nthe Director under section 63;\n(e) that the association is defunct.\n(3) For this Act, the winding up of an incorporated association on the\ncertificate of the Director:\n(a) commences on application to the Supreme Court by the\nDirector and filing with the Court of a copy of the certificate;\nand\n(b) must proceed as if the association had by special resolution\nresolved that it be wound up by the Court.\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Court may appoint unregistered company liquidator","content":"74 Court may appoint unregistered company liquidator\n(1) The Supreme Court may, on an order being made for the winding\nup of an incorporated association by the Court (including a winding\nup on the certificate of the Director), if the Director nominates a\nperson who is not a registered company liquidator for appointment\nas the liquidator of the association, appoint the person as the\nliquidator of the association.\nregistered company liquidator means a liquidator registered\nunder the Corporations Act 2001.\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Penalty for contravention of applied provisions","content":"75 Penalty for contravention of applied provisions\nA person must not contravene a provision of the Corporations\nAct 2001 as it applies to an incorporated association under this\nDivision.\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Distribution of assets on winding up","content":"76 Distribution of assets on winding up\n(1) Subject to subsections (2) and (3), it is not lawful to distribute\namong members, former members or associates of members or\nformer members of an incorporated association, other than an\nincorporated trading association, surplus assets available for\ndistribution at the completion of the winding up of the association\nunder this Division.\n\nAssociations Act 2003 51\n(2) The surplus assets of an incorporated association may, with the\nconsent of the Director, be distributed to a member of the\nassociation if the member is also an incorporated association that\nhas identical or similar aims and objects.\n(3) Subject to any order of the Supreme Court, the surplus assets of an\nincorporated association are, on a winding up of the association, to\nbe distributed in accordance with:\n(a) the constitution of the association; or\n(b) if there is no valid constitution of the association governing\ndistribution of the surplus assets – a special resolution of the\n(4) The Court may, on the application of the Director, a liquidator or a\nmember of an incorporated association, determine how surplus\nassets of the association are to be distributed on a winding up.\n(5) The Court must, in determining how the surplus assets of an\nincorporated association are to be distributed, have regard to the\nobjects of the association and the provisions of the constitution of\nthe association governing distribution of surplus assets.\nsurplus assets, in relation to the winding up of an incorporated\nassociation, means the assets that remain after the liabilities of the\nassociation have been discharged and the costs and expenses of\nthe winding up have been paid.\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Prescribed property in winding up","content":"77 Prescribed property in winding up\n(1) Prescribed property, or a part of prescribed property, is not an asset\nin the winding up of an incorporated association unless consent in\nwriting has been given by:\n(a) in the case of a lease under the Special Purposes Leases\nAct 1953 – the Minister administering that Act; or\n(b) in the case of a lease under the Crown Lands Act 1992 – the\nMinister administering that Act; or\n(c) in any other case – the Minister.\n(2) If consent required under subsection (1) is refused, the prescribed\nproperty or part thereof vests in the Territory.\n(3) Property vested in the Territory under subsection (2) is liable and\nsubject to all charges, claims and liabilities imposed on or affecting\n\nAssociations Act 2003 52\nthe property by reason of a law as to rates, taxes, charges or\nanother matter or thing to which the property would have been\nliable or subject had the property continued in the possession,\nownership or occupation of the association.\n(4) If there is an acquisition of property by the Territory as a result of\nproperty vesting in the Territory under subsection (2), the Territory\nis liable to pay just compensation to the person from whom the\nproperty was acquired.\n(5) If there is no acquisition of property by the Territory as a result of\nproperty vesting in the Territory under subsection (2), the Minister\nmay pay an amount in relation to any claim for improvements made\nto the property before the property vested in the Territory.\n(6) If:\n(a) a secured creditor sells prescribed property or part thereof\nafter the commencement of the winding up of an incorporated\n(b) consent required under subsection (1) is subsequently\nrefused;\nany surplus after all secured debts and any allowable costs and\nexpenses have been deducted from the proceeds of the sale vests\nin the Territory.\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Appointment","content":"78 Appointment\n(1) The Director may, by written notice to an incorporated association,\nappoint a statutory manager to administer the affairs of the\nassociation if the Director is satisfied:\n(a) the number of members of the association is less than the\nminimum number required by section 26 or the association's\nconstitution; or\n(b) the association's incorporation has been obtained by fraud or\nmistake; or\n(c) the association exists for an illegal purpose; or\n(d) the association has wilfully contravened a provision of this Act,\nthe Regulations or the association's constitution, notice of\nwhich was given by the Director; or\n\nAssociations Act 2003 53\n(e) following an investigation under this Act into the affairs of the\nassociation, the appointment is in the interests of members or\ncreditors of the association or in the public interest, whether\nbecause of the financial condition of the association or\notherwise.\n(2) The notice of appointment must specify:\n(a) the date of appointment; and\n(b) the appointee's name; and\n(c) the appointee's business address.\n(3) If the appointee's name or business address changes, the\nappointee must immediately give written notice of the change to the\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Effect of appointment","content":"79 Effect of appointment\n(1) On the appointment of a statutory manager of an incorporated\nassociation:\n(a) the members of the committee of the association cease to\nhold office; and\n(b) the statutory manager may terminate a contract of\nemployment with the association; and\n(c) the statutory manager may terminate a contract for the\nprovision of secretarial or administrative services for the\n(d) the statutory manager may terminate a contract for the\nprovision of other services to the association.\n(2) The statutory manager of the association has the functions of the\ncommittee of the association, including the committee's powers of\ndelegation.\n(3) An officer of the association must not be appointed or elected while\nthe statutory manager is in office except as provided by this\nDivision.\n","sortOrder":82},{"sectionNumber":"80","sectionType":"section","heading":"Revocation of appointment","content":"80 Revocation of appointment\n(1) A statutory manager holds office until his or her appointment is\nrevoked.\n\nAssociations Act 2003 54\n(2) The Director may, by written notice, revoke the appointment of a\nstatutory manager.\n(3) If a liquidator of an incorporated association is appointed, the\nappointment of a statutory manager of the association is\nautomatically revoked.\n(4) As soon as practicable after the revocation of a statutory manager's\nappointment, the statutory manager must prepare and submit a\nreport to the Director showing how the administration was carried\nout and, for that purpose, a statutory manager has access to the\nincorporated association's records and documents.\n(5) On providing the report under subsection (4) and accounting fully in\nrelation to the administration of the association to the satisfaction of\nthe Director, the statutory manager is released from further duty to\naccount in relation to the administration of the association other\nthan on account of fraud, dishonesty, negligence or wilful failure to\ncomply with this Act or the Regulations.\n(6) Before revoking the appointment of a statutory manager of an\nincorporated association, the Director must:\n(a) appoint another statutory manager; or\n(b) ensure that members of the committee of the association have\nbeen elected in accordance with the constitution of the\nassociation at a meeting convened by the statutory manager\nin accordance with the constitution; or\n(c) appoint members to the committee of the association.\n(7) Elected members of the committee or members of the committee\nappointed under subsection (6):\n(a) take office on revocation of the statutory manager's\nappointment; and\n(b) in the case of members appointed under subsection (6)(c),\nhold office, subject to this Act, until the next annual general\nmeeting of the association after the revocation of that\nappointment.\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Expenses of administration","content":"81 Expenses of administration\n(1) The expenses of and incidental to the conduct of the affairs of an\nincorporated association by a statutory manager are payable from\nthe association's funds.\n\nAssociations Act 2003 55\n(2) Those expenses include:\n(a) if the statutory manager is not a public sector employee,\nremuneration of the administrator at a rate approved by the\nDirector; or\n(b) if the statutory manager is a public sector employee, the\namount that the Director certifies is to be paid to the Territory\nas repayment of the statutory manager's remuneration.\n(3) An amount certified under subsection (2)(b) is a debt due to the\nTerritory.\n(4) A statutory manager has, in relation to the expenses specified in\nsubsection (1), the same priority on the winding up of an\nincorporated association as the liquidator of the association has.\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Liabilities arising from administration","content":"82 Liabilities arising from administration\n(1) If an incorporated association incurs a loss because of fraud,\ndishonesty, negligence or wilful failure to comply with this Act or the\nRegulations or the constitution of the association by a statutory\nmanager, the statutory manager is liable for the loss.\n(2) A statutory manager is not liable for a loss that is not a loss to\nwhich subsection (1) applies but must account for the loss in the\nreport under section 80(4).\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Additional powers of Director","content":"83 Additional powers of Director\n(1) If the Director appoints members of the committee of an\nincorporated association under section 80, the Director may, by\nwritten notice to the association, specify:\n(a) this section applies to the association for the period specified\nin the notice; and\n(b) the terms and conditions on which all or any of the members\nof the committee hold office; and\n(c) the association's constitution.\n(2) While this section applies to the association, the Director may do\nany of the following:\n(a) remove or appoint members of the committee;\n(b) vary, revoke or substitute a term or condition specified under\nsubsection (1);\n\nAssociations Act 2003 56\n(c) amend a provision of the constitution specified under\nsubsection (1).\n(3) The Director may, by written notice to the association, extend the\ntime for which this section is to apply to the association.\n(4) The constitution specified by the Director under subsection (1):\n(a) is not to be altered except under this section; and\n(b) has the same evidentiary value accorded by this Act to the\nassociation's constitution and to copies of them.\n","sortOrder":86},{"sectionNumber":"84","sectionType":"section","heading":"Stay of proceedings","content":"84 Stay of proceedings\n(1) If the Director appoints a statutory manager to conduct the affairs of\nan incorporated association, a person must not begin or continue a\nproceeding in a court against the association until the statutory\nmanager's appointment is revoked except with the leave of the\nSupreme Court and, if the Court grants leave, in accordance with\nthe terms and conditions the Court imposes.\n(2) A person intending to apply for leave of the Court under\nsubsection (1) must give the Director not less than 10 days notice\nof that intention.\n(3) On the hearing of an application under subsection (1), the Director\nmay be represented and may oppose the granting of the\napplication.\n","sortOrder":87},{"sectionNumber":"85","sectionType":"section","heading":"Statutory Manager to report to Director","content":"85 Statutory Manager to report to Director\nOn the receipt of a request from the Director, the statutory manager\nof an incorporated association must, without delay, prepare and\ngive to the Director a report showing how the administration is\nbeing carried out.\n","sortOrder":88},{"sectionNumber":"86","sectionType":"section","heading":"Interpretation","content":"86 Interpretation\n(1) For this Division, an incorporated association is taken to be unable\nto pay its debts only if execution or other process issued on a\njudgment, decree or order of a court in favour of a creditor of the\nassociation is returned unsatisfied in whole or in part.\n\nAssociations Act 2003 57\n(2) In this Division:\nappropriate officer means, in relation to an incorporated\nassociation:\n(a) that is being or has been wound up – the liquidator; or\n(b) for which a provisional liquidator has been appointed – the\nprovisional liquidator; or\n(c) that is or has been under administration – the administrator or\nstatutory manager; or\n(d) that has executed a deed of arrangement – the deed's\nadministrator; or\n(e) that is defunct or is unable to pay its debts – the Director.\nrelevant day means, in relation to an incorporated association:\n(a) that is being or has been wound up:\n(i) if, because of the application of Part 5.6, Division 1A of\nthe Corporations Act 2001, the winding up is taken to\nhave begun on the day when an order that the\nassociation be wound up was made – the day on which\nthe application for the order was filed; or\n(ii) in any other case – the day on which the winding up is\ntaken, because of Part 5.6, Division 1A of the\nCorporations Act 2001, to have begun; or\n(b) for which a provisional liquidator has been appointed – the day\non which the provisional liquidator was appointed; or\n(c) that is or has been under administration – the day on which\nthe administration began; or\n(d) that has executed a deed of arrangement – the day on which\nthe deed was executed; or\n(e) that is unable to pay its debts – the day on which execution or\nother process was first returned unsatisfied in whole or in part.\n","sortOrder":89},{"sectionNumber":"87","sectionType":"section","heading":"Application of Division","content":"87 Application of Division\nThis Division applies to an incorporated association:\n(a) that is being or has been wound up; or\n(b) the winding up of which has been stayed or terminated; or\n\nAssociations Act 2003 58\n(c) for which a provisional liquidator has been appointed; or\n(d) that is or has been under administration; or\n(e) that has executed a deed of arrangement (including a deed\nthat has since been terminated); or\n(f) that is defunct or is unable to pay its debts.\n","sortOrder":90},{"sectionNumber":"88","sectionType":"section","heading":"Non-disclosure","content":"88 Non-disclosure\n(1) An officer or former officer of an incorporated association to which\nthis Division applies:\n(a) must, to the best of the person's knowledge and belief, fully\nand truly disclose to the appropriate officer:\n(i) all the property of the association; and\n(ii) how, to whom, for what consideration and when the\nassociation disposed of a part of its property, except a\npart disposed of in accordance with the constitution of\nthe association; and\n(b) must deliver to the appropriate officer or as the appropriate\nofficer directs:\n(i) all the property of the association in the person's custody\nor under the person's control and that the person is\nrequired by law to deliver up; or\n(ii) all documents in the person's custody or under the\nperson's control belonging to the association and that\nthe person is required by law to deliver up; and\n(c) must not, within 5 years before the relevant day or on or after\nthat day:\n(i) fraudulently conceal or remove a part of the\nassociation's property to the value of $100 or more; or\n(ii) conceal a debt due to or payable by the association; or\n(iii) fraudulently part with, alter or make an omission in, or be\nprivy to fraudulently parting with, altering or making an\nomission in, a document affecting or relating to the\naffairs of the association; or\n\nAssociations Act 2003 59\n(iv) by a false representation or other fraud, obtain on credit\nfor or on behalf of the association, property that the\nassociation has not subsequently paid for; or\n(v) fraudulently pawn, pledge or dispose of property of the\nassociation that has been obtained on credit and has not\nbeen paid for; and\n(d) must not fraudulently make a material omission in a statement\nrelating to the affairs of the association; and\n(e) must not, knowing or believing that a false debt has been\nproved by a person, fail for a period of one month or more to\ninform the appropriate officer of the knowledge or belief; and\n(f) must not prevent the production of a document affecting or\nrelating to the affairs of the association; and\n(g) must not, within 5 years before the relevant day or on or after\nthat day, attempt to account for a part of the association's\nproperty by making entries in the association's documents\nshowing fictitious transactions, losses or expenses; and\n(h) must not, within 5 years before the relevant day or on or after\nthat day, make a false representation for the purpose of\nobtaining the consent of a creditor of the association to an\nagreement relating to the affairs of the association or to the\nwinding up.\n(2) A person must not take in pawn or pledge or otherwise receive\nproperty from a person knowing it to be pawned, pledged or\ndisposed of in circumstances that amount to an offence against\nsubsection (1)(c)(v) by the other person.\n","sortOrder":91},{"sectionNumber":"89","sectionType":"section","heading":"Failure to keep proper records","content":"89 Failure to keep proper records\n(a) section 41 was not complied with in relation to an incorporated\nassociation to which this Division applies at any time during\nthe 2 years immediately before the relevant day or the period\nbetween the incorporation of the association and the relevant\nday, whichever is the shorter; and\n\nAssociations Act 2003 60\n(b) the association was at a time during that period, or became at\na later time, an incorporated association to which this Division\napplies;\nan officer of the association who failed to take all reasonable steps\nto secure compliance by the association with that section\nthroughout that period is guilty of an offence.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant proves that he or she believed on\nreasonable grounds that a competent and reliable person was\ncharged with the duty of seeing that the requirements of section 41\nwere complied with and was in a position to discharge that duty.\n","sortOrder":92},{"sectionNumber":"90","sectionType":"section","heading":"Incurring debts not likely to be paid","content":"90 Incurring debts not likely to be paid\n(a) an incorporated association has incurred a debt; and\n(b) immediately before the debt was incurred:\n(i) there were reasonable grounds to expect that the\nassociation would not be able to pay all its debts as and\nwhen they became due; or\n(ii) there were reasonable grounds to expect that, if the\nassociation incurred the debt, it would not be able to pay\nall its debts as and when they became due; and\n(c) the association was at the time when the debt was incurred, or\nbecame at a later time, an incorporated association to which\nthis Division applies;\na person who was an officer of the association, or who took part in\nthe management of the association, when the debt was incurred is\nguilty of an offence.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant proves:\n(a) that the debt was incurred without the defendant's express or\nimplied authority or consent; or\n\nAssociations Act 2003 61\n(b) that when the debt was incurred the defendant did not have\nreasonable cause to expect:\n(i) that the association would not be able to pay all its debts\nas and when they became due; or\n(ii) that, if the association incurred that debt, it would not be\nable to pay all its debts as and when they became due.\n(3) If:\n(a) an incorporated association has done an act (including the\nmaking of a contract or the entering into of a transaction) with\nintent to defraud creditors of the association or of another\nperson or for another fraudulent purpose; and\n(b) the association was at the time when it did the act, or\nbecomes at a later time, an incorporated association to which\nthis Division applies;\na person who was concerned in the doing of the act with that intent\nor for that purpose is guilty of an offence.\n(4) A certificate issued by a court stating that a person specified in the\ncertificate:\n(a) was convicted of an offence against subsection (1) in relation\nto the debt specified in the certificate incurred by the\nassociation specified in the certificate; or\n(b) was convicted of an offence against subsection (3) in relation\nto the association specified in the certificate;\nis, in any proceedings, prima facie evidence of the matters stated in\nthe certificate.\n(5) A document purporting to be a certificate issued under\nsubsection (4) is, unless the contrary is established, taken to be a\ncertificate issued under subsection (4) and to have been duly\nissued.\n","sortOrder":93},{"sectionNumber":"91","sectionType":"section","heading":"Powers of court if debts unlikely to be paid","content":"91 Powers of court if debts unlikely to be paid\n(1) A court that convicts a person of an offence against section 90(1)\nmay, on application by the Director or the liquidator of the\nincorporated association, declare that the person is personally\nresponsible without limitation of liability for the payment to the\n\nAssociations Act 2003 62\nassociation of an amount equal to the whole of the debt to which\nthe conviction relates or so much of the debt as the court considers\n(2) A court that makes a declaration under this section may make\nconsequential and ancillary orders and directions as it considers\n(3) This section has effect even though the person convicted of the\noffence is criminally liable in relation to the matters on the ground\non which the declaration is made.\n(4) On the hearing of an application under this section, the applicant\nmay give evidence or call witnesses.\n","sortOrder":94},{"sectionNumber":"92","sectionType":"section","heading":"Frauds by officers","content":"92 Frauds by officers\n(1) An officer of an incorporated association must not:\n(a) by false pretences, or by means of another fraud, induce a\nperson to give credit to the association or to a related body\ncorporate; or\n(b) with intent to defraud the association or a related body\ncorporate, or members or creditors of the association or a\nrelated body corporate, make or purport to make, or cause to\nbe made or to be purported to be made, a gift or transfer of, or\ncharge on, or cause or connive at the levying of an execution\nagainst, property of the association or of a related body\ncorporate; or\n(c) with intent to defraud the association or a related body\ncorporate, or members or creditors of the association or a\nrelated body corporate, conceal or remove a part of the\nproperty of the association or of a related body corporate\nwithin 2 months before or on or after the date of an unsatisfied\njudgment or order for payment of money obtained against the\nassociation or a related body corporate.\nrelated body corporate has the same meaning as in the\nCorporations Act 2001.\n\nAssociations Act 2003 63\n","sortOrder":95},{"sectionNumber":"93","sectionType":"section","heading":"Investigation of incorporated association's affairs","content":"93 Investigation of incorporated association's affairs\n(1) The Director may, under this Part, conduct an investigation into the\naffairs of an incorporated association if the Director is satisfied it is\nappropriate having regard to information in the Director's\npossession.\n(2) The Director must give written notice of the investigation to the\n(3) The notice must specify the grounds for conducting the\ninvestigation.\n","sortOrder":96},{"sectionNumber":"94","sectionType":"section","heading":"Director may require production of books","content":"94 Director may require production of books\nFor conducting an investigation of the affairs of an incorporated\nassociation, the Director may, by written notice, require:\n(a) the association to produce to the Director immediately, or at\nthe time and place specified in the notice, the books relating to\nthe affairs of the association specified in the notice; or\n(b) a person who is or has been an officer or employee of, or an\nagent, banker, solicitor, auditor or other person acting in any\ncapacity for or on behalf of the association (even if the\nassociation is being wound up or has been dissolved) to\nproduce to the Director immediately the books relating to the\naffairs of the association specified in the notice; or\n(c) a person to produce to the Director immediately all books\nrelating to the affairs of the association (even if the association\nis being wound up or has been dissolved) that are in the\ncustody or under the control of the person.\n","sortOrder":97},{"sectionNumber":"95","sectionType":"section","heading":"Director may carry out investigations in relation to books","content":"95 Director may carry out investigations in relation to books\n(1) If the Director exercises a power under this Part to require another\nperson to produce books, the Director may:\n(a) if the books are produced:\n(i) take possession of the books and may make copies of,\nor take extracts from, the books; and\n(ii) require the other person, or a person who was party to\nthe compilation of the books, to make a statement\nproviding an explanation that the person concerned is\nable to provide as to a matter relating to the compilation\n\nAssociations Act 2003 64\nof the books or as to a matter to which the books relate;\nand\n(iii) retain possession of the books for the period necessary\nto enable the books to be inspected, and copies of or\nextracts from the books to be made or taken by or on\nbehalf of the Director; and\n(iv) during that period must permit a person who would be\nentitled to inspect one or more of the books if they were\nnot in the possession of the Director to inspect that book\nor those books at a reasonable time; or\n(b) if the books are not produced, require the other person:\n(i) to state, to the best of his or her knowledge and belief,\nwhere the books may be found; and\n(ii) to identify the person who, to the best of his or her\nknowledge and belief, last had custody of the books and\nto state, to the best of his or her knowledge and belief,\nwhere that person may be found.\n(2) If the Director exercises a power under this Part to require another\nperson to produce books that are recorded, kept and reproduced by\nelectronic means, the other person may comply with the\nrequirement to produce those books by providing a printed\nreproduction of the information contained in the books.\n(3) If this Part confers a power on the Director to require a person to\nproduce books relating to the affairs of an incorporated association,\nthe Director also has power to require that person (whether or not\nthe Director requires that person to produce books and whether or\nnot books are produced pursuant to such a requirement), so far as\nthe other person is able to do so, to identify property of the\nassociation and explain the manner in which the association has\nkept account of the property.\n","sortOrder":98},{"sectionNumber":"96","sectionType":"section","heading":"Examination of persons concerned with incorporated","content":"96 Examination of persons concerned with incorporated\n(1) For conducting an investigation of the affairs of an incorporated\nassociation, the Director may, by written notice, require a person\nwhom the Director reasonably believes to have some knowledge of\nthe affairs of the association, require the person to attend before\nthe Director at the time and place specified in the notice to answer\nquestions relating to the investigation.\n\nAssociations Act 2003 65\n(2) The person must not, without reasonable excuse, refuse or fail:\n(a) to attend before the Director; or\n(b) to answer a question put to the person by the Director.\n(3) The person must not, when appearing before the Director, make a\nstatement the person knows to be false or misleading in a material\nparticular.\n(4) The person is not excused from answering a question when\nrequired to do so by the Director on the ground that the answer to\nthe question might tend to incriminate the person or make the\nperson liable to a penalty, but the answer to the question is not\nadmissible in evidence against the person in any proceedings,\nother than proceedings for an offence against subsection (2) or (3).\n","sortOrder":99},{"sectionNumber":"97","sectionType":"section","heading":"Power of entry","content":"97 Power of entry\n(1) If the Director believes on reasonable grounds that it is necessary\nfor an investigation of the affairs of an incorporated association to\nenter land or premises occupied by the association, the Director\nmay, at any reasonable time, enter the land or premises and\nexercise any of the following powers:\n(a) examine books on the land or premises that relate to the\naffairs of the association or that the Director believes, on\nreasonable grounds, relate to those affairs;\n(b) take possession of any of those books for such period as the\nDirector thinks necessary for the investigation;\n(c) require the other person, or a person who was party to the\ncompilation of the books, to make a statement providing an\nexplanation that the person concerned is able to provide as to\na matter relating to the compilation of the books or as to a\nmatter to which the books relate;\n(d) make copies of, or take extracts from, any of those books.\n\nAssociations Act 2003 66\n(2) A person must not obstruct the Director in the exercise of powers\nunder this section.\n(3) If the Director has possession of books seized under this section,\nthe Director must permit a person who would be entitled to inspect\none or more of the books if they were not in the possession of the\nDirector to inspect that book or those books at a reasonable time.\nobstruct includes hinder, resist and attempt to obstruct.\n","sortOrder":100},{"sectionNumber":"98","sectionType":"section","heading":"Immunity from liability for complying with direction or","content":"98 Immunity from liability for complying with direction or\nrequirement\nA person is not subject to a liability by reason of compliance with a\ndirection or requirement given or made under this Part.\n","sortOrder":101},{"sectionNumber":"99","sectionType":"section","heading":"Privileged communications","content":"99 Privileged communications\n(a) the Director makes a requirement under this Part of a legal\npractitioner in relation to a book; and\n(b) the book contains a privileged communication made by or on\nbehalf of the legal practitioner, or to the legal practitioner, in\nhis or her capacity as a legal practitioner;\nthe legal practitioner is entitled to refuse to comply with the\nrequirement unless the person to whom, or by or on behalf of\nwhom, the communication was made agrees to the legal\npractitioner complying with the requirement but, if the legal\npractitioner refuses under this section to comply with a requirement,\nthe legal practitioner must immediately provide in writing to the\nDirector:\n(c) if the legal practitioner knows the name and address of the\nperson to whom, or by or on behalf of whom, the\ncommunication was made – that name and address; and\n(d) sufficient particulars to identify the book, or the part of the\nbook, containing the communication.\n\nAssociations Act 2003 67\n(2) If:\n(a) the Director, acting in pursuance of this Part, requires a legal\npractitioner to make a statement providing an explanation as\nto a matter relating to the compilation of books or as to a\nmatter to which books relate; and\n(b) the legal practitioner is not able to make that statement\nwithout disclosing a privileged communication made by or on\nbehalf of the legal practitioner, or to the legal practitioner, in\nhis or her capacity as a legal practitioner;\nthe legal practitioner is entitled to refuse to comply with the\nrequirement, except to the extent that he or she is able to comply\nwith the requirement without disclosing a privileged communication\nreferred to in paragraph (b), unless the person to whom, or by or on\nbehalf of whom, the communication was made agrees to the legal\npractitioner complying with the requirement.\n(3) If the legal practitioner refuses to comply with a requirement under\nsubsection (2), the legal practitioner must immediately provide in\nwriting to the Director:\n(a) if the legal practitioner knows the name and address of the\nperson to whom, or by or on behalf of whom, the\ncommunication was made – that name and address; and\n(b) if the communication was made in writing – sufficient\nparticulars to identify the document containing the\ncommunication.\n","sortOrder":102},{"sectionNumber":"100","sectionType":"section","heading":"Orders against persons concerned with incorporated","content":"100 Orders against persons concerned with incorporated\nassociations\n(1) In this section, a reference to a prescribed person is, in relation to\nan incorporated association, read as a reference to:\n(a) a liquidator or provisional liquidator of the association; or\n(b) a person authorised by the Director to make an application\nunder this section in relation to the association.\n(2) Subject to subsection (3), if, on application by the Director or a\nprescribed person, the Supreme Court is satisfied:\n(a) a person is guilty of fraud, negligence, default, breach of trust\nor breach of duty in relation to an incorporated association;\nand\n\nAssociations Act 2003 68\n(b) the association has suffered, or is likely to suffer loss or\ndamage as a result of the fraud, negligence, default, breach of\ntrust or breach of duty;\nthe Court may make an order or orders as it considers appropriate\nagainst or in relation to the person (including either or both of the\norders specified in subsection (4)) and may so make an order\nagainst or in relation to a person even though the person may have\ncommitted an offence in relation to the matter to which the order\nrelates.\n(3) The Court may not make an order against a person under\nsubsection (2) unless the Court has given the person the\nopportunity:\n(a) to give evidence himself or herself; or\n(b) to call witnesses to give evidence; or\n(c) to adduce other evidence in relation to the matters to which\nthe application relates; or\n(d) to employ, at his or her own expense, a legal practitioner to\nput to him or her or to another witness the questions the Court\nconsiders appropriate for the purpose of enabling him or her to\nexplain or qualify an answer or evidence given by him or her.\n(4) The orders that may be made under subsection (2) against a\nperson include:\n(a) an order directing the person to pay money or transfer\nproperty to the association; and\n(b) an order directing the person to pay to the association the\namount of the loss or damage.\n(5) This section does not prevent a person from instituting other\nproceedings in relation to matters for which an application may be\nmade under this section.\n","sortOrder":103},{"sectionNumber":"103","sectionType":"section","heading":"Civil proceedings not to be stayed","content":"103 Civil proceedings not to be stayed\nA civil proceeding under this Act may not be stayed by reason only\nthat the proceeding discloses, or arises out of, the commission of\nan offence.\n\nAssociations Act 2003 69\n","sortOrder":104},{"sectionNumber":"104","sectionType":"section","heading":"Form and evidentiary value of books","content":"104 Form and evidentiary value of books\n(1) A book required by this Act to be kept or prepared may be kept or\nprepared:\n(a) by making entries in a bound or looseleaf book; or\n(b) by recording or storing the matters concerned by means of a\nmechanical, electronic or other device; or\n(c) in another manner approved by the Director.\n(2) Subsection (1) does not authorise a book to be kept or prepared by\na mechanical, electronic or other device unless:\n(a) the matters recorded or stored will be capable of being\nreproduced in written form; or\n(b) a reproduction of those matters is kept in a written form\napproved by the Director.\n(3) An incorporated association must take all reasonable precautions,\nincluding any prescribed precautions for guarding against damage\nto, destruction of or falsification of or in, and for discovery of\nfalsification of or in, a book or part of a book required by this Act to\nbe kept or prepared by the association.\n(4) A writing that purports to reproduce matters recorded or stored by\nmeans of a mechanical, electronic or other device is, unless the\ncontrary is established, to be taken to be a reproduction of those\nmatters.\n","sortOrder":105},{"sectionNumber":"105","sectionType":"section","heading":"Provisions indemnifying officers or auditors","content":"105 Provisions indemnifying officers or auditors\n(1) A provision (whether contained in the constitution of an\nincorporated association, in a contract with the association or\notherwise) exempting an officer or auditor of the association from,\nor indemnifying him or her against, a liability to the association that\nby law would otherwise attach to him or her in relation to\nnegligence, default, breach of duty or breach of trust of which he or\nshe may be guilty in relation to the association, is void.\n(2) Subsection (1) does not apply in relation to a contract of insurance.\n(3) Despite anything in this section, an incorporated association may,\nin accordance with its constitution or otherwise, indemnify an officer\nor auditor against a liability incurred by him or her in defending\nproceedings, whether civil or criminal, in which judgment is given in\nhis or her favour or in which he or she is acquitted.\n\nAssociations Act 2003 70\n","sortOrder":106},{"sectionNumber":"106","sectionType":"section","heading":"Penalty for non-compliance with Act or condition imposed","content":"106 Penalty for non-compliance with Act or condition imposed\nunder Act\n(1) An officer of an incorporated association must take all reasonable\nsteps to secure compliance by the association with its obligations\nunder this Act.\n(2) An incorporated association or officer of an incorporated\nassociation must not contravene a condition imposed under this Act\nby the Director in relation to the association.\n","sortOrder":107},{"sectionNumber":"107","sectionType":"section","heading":"Falsification of books","content":"107 Falsification of books\n(1) An officer, former officer, member or former member of an\nincorporated association must not conceal, destroy, mutilate or\nfalsify books relating to or affecting affairs of the association.\n(2) If matter used or intended to be used in connection with the keeping\nof books relating to or affecting affairs of an incorporated\nassociation is recorded or stored in an illegible form by means of a\nmechanical device, an electronic device or another device, a\nperson:\n(a) must not record or store, by means of that device, matter that\nthe person knows to be false or misleading in a material\nparticular; or\n(b) must not destroy, remove or falsify matter that is recorded or\nstored by means of that device, or that has been prepared for\nthe purpose of being recorded or stored or for use in compiling\nor recovering other matter to be recorded or stored by means\nof that device; or\n(c) if the person has a duty to record or store matter by means of\nthat device, must not fail to record or store the matter by\nmeans of that device:\n(i) with intent to falsify an entry made or intended to be\ncompiled, wholly or in part, from matter so recorded or\nstored; or\n\nAssociations Act 2003 71\n(ii) knowing that the failure to so record or store the matter\nwill render false or misleading in a material particular\nother matter so recorded or stored.\n(3) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that he or she acted honestly and that, in all\nthe circumstances, the act or omission constituting the offence\nshould be excused.\n","sortOrder":108},{"sectionNumber":"108","sectionType":"section","heading":"Misrepresentation as to incorporation under this Act","content":"108 Misrepresentation as to incorporation under this Act\nA person must not, in order to gain an advantage for himself or\nherself or another person, falsely represent that a body is an\n","sortOrder":109},{"sectionNumber":"109","sectionType":"section","heading":"Oppressive or unreasonable acts","content":"109 Oppressive or unreasonable acts\n(1) An application to NTCAT, the Local Court or the Supreme Court for\na particular order or orders specified in subsection (2) may be made\nby a member of an incorporated association or former member\nexpelled from the association (provided the application is made\nwithin 6 months after the expulsion) who believes that:\n(a) the affairs of the association are being conducted in a way that\nis oppressive or unfairly prejudicial to, or unfairly\ndiscriminatory against, a member (the oppressed member)\nor in a way that is contrary to the interests of the members as\na whole; or\n(b) an act or omission, or a proposed act or omission, by or on\nbehalf of the association was or would be oppressive or\nunfairly prejudicial to, or unfairly discriminatory against, a\nmember (also the oppressed member) or was or would be\ncontrary to the interests of the members as a whole; or\n(c) the constitution of the association contains provisions that are\noppressive or unreasonable; or\n(d) the expulsion of the member was oppressive or unreasonable.\n(2) For subsection (1), the orders are as follows:\n(a) an order that the association be wound up;\n\nAssociations Act 2003 72\n(b) an order regulating the future conduct of the association's\naffairs;\n(c) an order directing the association to institute, prosecute,\ndefend or discontinue specified proceedings, or authorising a\nmember of the association to institute, prosecute, defend or\ndiscontinue specified proceedings in the name and on behalf\n(d) an order appointing a receiver or a receiver and manager of\nthe property of the incorporated association;\n(e) an order restraining a person from engaging in specified\nconduct or from doing a specified act;\n(f) an order requiring a person to do a specified act;\n(g) an order altering the constitution of the association;\n(h) an order that the member expelled be reinstated as a member\n(i) an order consequential on or ancillary to an order mentioned\nin paragraphs (a) to (h).\n(3) Subject to subsections (4) and (5), NTCAT, the Local Court or the\nSupreme Court may make the orders it considers appropriate if, on\nthe hearing of the application, it is satisfied in relation to a matter\nspecified in subsection (1).\n(4) The Supreme Court must not make an order for the winding up of\nthe association if it is satisfied the winding up of the association\nwould unfairly prejudice the oppressed member.\n(5) NTCAT and the Local Court may only make an order referred to in\nsubsection (2)(b), (c), (e), (f), (g), (h) or (i).\n(6) If an order that the association be wound up is made, the provisions\nof this Act relating to the winding up of an association apply, with\nthe necessary modifications for this Act, as if the order had been\nmade on an application filed in the Supreme Court by the\n(7) If an order makes an alteration to the constitution of the association,\nthen, despite any other provision of this Act but subject to the order,\nthe association does not have power, without the leave of NTCAT,\nthe Local Court or the Supreme Court, to make a further alteration\nto the constitution inconsistent with the order but, subject to this\nsection, the alteration made by the order has effect as if it had been\nproperly made by resolution of the association.\n\nAssociations Act 2003 73\n(8) A copy of an order must be filed by the applicant with the Director\nwithin 14 days after it is made.\n(9) For this section, a breach of the constitution of an incorporated\nassociation by the committee of the association may be regarded\nas constituting action that is oppressive to members of the\n(10) The Director may intervene in proceedings before NTCAT, the\nLocal Court or the Supreme Court arising under this section.\n(11) If the Director intervenes in proceedings, the Director becomes a\nparty to the proceedings and has all the rights, including rights of\nappeal, of a party to the proceedings.\n","sortOrder":110},{"sectionNumber":"110","sectionType":"section","heading":"Disposing, charging or dealing with prescribed property","content":"110 Disposing, charging or dealing with prescribed property\n(1) An incorporated association must not dispose of, charge or\notherwise deal with any prescribed property contrary to this section.\n(2) An Aboriginal or Torres Strait Islander corporation must not dispose\nof, charge or otherwise deal with prescribed property that is\ncommunity land contrary to this section.\n(3) Subject to subsections (13) and (14) and section 77, any disposal,\ncharge or dealing of the prescribed property contrary to this section\nis void.\n(4) The disposal, charge or other dealing of the prescribed property\nrequires the consent of the Minister and must be conducted in\naccordance with any conditions the Minister imposes on that\nconsent.\n(5) The Minister may consent to the disposal, charge or dealing of the\nprescribed property in accordance with this section.\n(6) Despite subsections (4) and (8), the following transactions do not\nrequire consent of the Minister under this section:\n(a) a disposal of prescribed property to the Territory;\n(b) a charge on prescribed property as security for a loan or other\nbenefit by the Territory;\n(c) a lease or sublease of prescribed property for a term of\n12 months or less;\n\nAssociations Act 2003 74\n(d) a disposal of, charge on or other dealing with a lease referred\nto in:\n(i) section 6 of the Special Purposes Leases Act 1953; or\n(ii) section 46 of the Crown Lands Act 1992.\nNote for subsection (6)(d)\nThese transactions already require the consent of the Minister responsible for\nthose Acts.\n(7) A copy of any consent given by a Minister under section 6 of the\nSpecial Purposes Leases Act 1953 or section 46 of the Crown\nLands Act 1992 must be given by the Agency responsible for that\nAct to the Director as soon as practicable.\n(8) The Minister must not consent to the disposal, charge or dealing of\nprescribed property that is community land, unless it is for one of\nthe following purposes:\n(a) to register an easement or easement in gross under the Land\nTitle Act 2000;\n(b) to give effect to a recommendation under section 114 of the\nPastoral Land Act 1992 in relation to an abandoned Aboriginal\ncommunity living area;\n(c) to transfer an estate in fee simple in the land to an\nincorporated association, an incorporated trading association\nor an Aboriginal or Torres Strait Islander corporation, formed\nfor objects similar to the objects of, and having substantially\nthe same members as, the association or corporation from\nwhich the estate is to be transferred;\n(d) to grant a lease of or licence to part of the land to enable the\nprovision of health, education or housing services or the\noffering of financial services by an ADI to a class of persons\nthat includes the members of the incorporated association or\nAboriginal or Torres Strait Islander corporation seeking to\ngrant the lease or licence;\n(e) to grant a lease of or licence to part of the land for any use or\ndevelopment allowed for the land under the Planning\nAct 1999.\n(9) Despite subsections (4) and (8), the consent of the Minister is not\nrequired for a lease or licence referred to in subsection (8)(d) or (e)\nwith a term of 10 years or less.\n\nAssociations Act 2003 75\n(10) If the prescribed property to be disposed of, charged or otherwise\ndealt with was acquired wholly or partly from or using funds\nobtained under a grant from the Commonwealth, the Minister must\nnot give consent under this section unless the Minister:\n(a) gives the Commonwealth reasonable notice of the Minister's\nintention to give consent with an invitation to submit comments\nwithin a specified period; and\n(b) considers any submissions made by the Commonwealth\nwithin the specified period.\n(11) Unless otherwise provided by the Minister in a consent, the\nfollowing are taken to be prescribed property:\n(a) any property exchanged for the prescribed property disposed,\ncharged or otherwise dealt with;\n(b) any funds realised on the disposal of prescribed property;\n(c) any property acquired wholly or partly from funds referred to in\nparagraph (b).\n(12) An incorporated association must keep and maintain a register of\nits prescribed property in accordance with the Regulations.\n(13) The Minister may consent to a purported disposal, charge or\ndealing of prescribed property after it occurs if the Minister is of the\nopinion that refusing consent would, in the circumstances, be unjust\nto all parties to the purported disposal, charge or dealing.\n(14) Any disposal, charge or dealing consented to by the Minister under\nsubsection (13) is taken to be valid and effective on and from the\nday on which the purported disposal, charge or dealing occurred.\n(15) To avoid doubt, any disposal, charge or dealing of prescribed\nproperty validly made in accordance with this section as in force\nbefore 17 July 2022 remains valid.\n(16) In this section:\nAboriginal or Torres Strait Islander corporation, see\nsection 16-5 of the Corporations (Aboriginal and Torres Strait\nIslander) Act 2006 (Cth).\n\nAssociations Act 2003 76\ncommunity land means land granted for an Aboriginal community\nliving area under:\n(a) Part IV of the Crown Lands Act 1931 before the\ncommencement of the Pastoral Land Act 1992; or\n(b) Part 8 of the Pastoral Land Act 1992.\n","sortOrder":111},{"sectionNumber":"111","sectionType":"section","heading":"Regulatory offences","content":"111 Regulatory offences\nAn offence of contravening section 16, 17(4), 22, 23, 27(7), 34\nor 71(4) is a regulatory offence.\n","sortOrder":112},{"sectionNumber":"112","sectionType":"section","heading":"Proceedings for offences","content":"112 Proceedings for offences\n(1) A prosecution for an offence against this Act may only be\ncommenced by:\n(a) the Director; or\n(b) a person authorised by the Minister or Director.\n(2) A document apparently signed by the Director or the Minister\nauthorising a person to commence a particular prosecution is, in the\nabsence of proof to the contrary, proof of the fact so stated.\n","sortOrder":113},{"sectionNumber":"113","sectionType":"section","heading":"Evidentiary provisions","content":"113 Evidentiary provisions\n(1) For this Act and in proceedings under or arising out of this Act:\n(a) a document purporting to be signed by the Director and\npurporting to be a certificate of incorporation of an association\nis, unless the contrary is proved, to be taken to be proof of the\nincorporation of the association on the date specified in the\ninstrument; and\n(b) a document purporting to be a copy of a document registered\nby or filed with the Director under this Act and certified by the\nDirector to be a true copy of a document of that type is, unless\nthe contrary is proved, to be taken to be a true copy of the\ndocument; and\n(c) a document purporting to be a copy of, or extract from, a\nrecord kept by an incorporated association and purporting to\nbe verified by an officer of the association authorised by the\ncommittee of the association for the purpose is, unless the\ncontrary is proved, to be taken to be a true copy of, or extract\nfrom, the document; and\n\nAssociations Act 2003 77\n(d) a document purporting to bear the common seal of an\nincorporated association is, unless the contrary is proved, to\nbe taken to have been properly executed by the association.\n(2) For this Act and in proceedings under or arising out of this Act, a\ncertificate purporting to be signed by the Director and certifying any\nof the following is, unless the contrary is proved, to be taken to be\nproof of the matter certified:\n(a) at a date or during a period specified in the certificate an\nassociation was or was not incorporated under this Act by a\nname specified in the certificate;\n(b) an incorporated association has or has not complied with a\nrequirement of this Act as to the filing of a document or return\nor the giving of notice;\n(c) an incorporated association has altered its name in the\nmanner specified in the certificate, including the dates on\nwhich the alteration was registered by the Director;\n(d) an incorporated association has been or is being wound up,\nincluding the date on which the winding up commenced and (if\napplicable) the date on which the association was dissolved;\n(e) associations amalgamated to form an incorporated\nassociation specified in the certificate, including the date of the\nincorporation of the amalgamated association.\n(3) In proceedings for an offence against this Act, an allegation in the\ncomplaint or information as follows is, in the absence of proof to the\ncontrary, to be accepted as proved:\n(a) an association is or was at a specified time incorporated under\nthis Act;\n(b) an association is or was at a specified time a prescribed\nassociation;\n(c) the defendant is or was at a specified time an officer of an\nincorporated association named in the complaint or\ninformation;\n(d) a meeting of the members required by a specified provision of\nthis Act to be held has not been held as required by that\nprovision.\n\nAssociations Act 2003 78\n(4) Judicial notice must be taken of the signature of the Director\nappearing on a certificate under subsection (1) and of the fact that\nthe person by whom the certificate purports to have been signed is\n","sortOrder":114},{"sectionNumber":"114","sectionType":"section","heading":"Review by NTCAT","content":"114 Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) specified in Schedule 2.\n(2) An affected person, for a reviewable decision, is a person\nspecified in Schedule 2 for the decision.\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\nNote for section 114\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n","sortOrder":115},{"sectionNumber":"116","sectionType":"section","heading":"Director may require production of document","content":"116 Director may require production of document\n(1) The Director may, by written notice, require a person to give the\nDirector any document an incorporated association is required to\nkeep under this Act in the reasonable time stated in the notice.\n(2) The person must comply with the requirement unless the person\nhas a reasonable excuse.\n","sortOrder":116},{"sectionNumber":"117","sectionType":"section","heading":"Fax or electronic transmission of documents","content":"117 Fax or electronic transmission of documents\n(1) If, under a provision of this Act or the Regulations, a person is\nrequired to give a document to the Director, it is sufficient\ncompliance with the requirement if the Director receives a copy of\nthe document by facsimile or electronic transmission.\n(2) The person must ensure the original of the document signed by any\nperson who is required to sign it is kept so that it is able to be\nproduced readily to the Director for at least 7 years after the copy of\nit was given to the Director.\n(3) The Director may, by written notice, require the person to give the\nDirector the original document in the reasonable time stated in the\nnotice.\n\nAssociations Act 2003 79\n(4) The person must comply with the requirement unless the person\nhas a reasonable excuse.\n","sortOrder":117},{"sectionNumber":"118","sectionType":"section","heading":"Service of documents","content":"118 Service of documents\n(1) A notice or document required to be served on or given to a person\nunder this Act may be served or given:\n(a) by delivering it to the person; or\n(b) by posting it to the person at the person's place of residence\nor business; or\n(c) by sending it to the person's email address.\n(2) An incorporated association may give a notice or make a demand\nby writing signed by the public officer of the association.\n","sortOrder":118},{"sectionNumber":"119","sectionType":"section","heading":"Regulations","content":"119 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may provide for any of the following matters:\n(a) the cancellation, and matters arising out of the cancellation, of\nthe incorporation of incorporated associations that have\nceased to exist or to be associations, for this Act;\n(b) the issue of certified copies of certificates of incorporation;\n(c) the inspection of documents filed with the Director under this\nAct or the Regulations;\n(d) the form of, and the matters to be provided for in, the\nconstitution of incorporated associations;\n(e) matters relating to the accounts of incorporated associations\nand the auditing of those accounts;\n(f) the fees to be paid on the making, giving, publishing, issuing,\nfiling or inspecting of any application, notice, declaration,\ncertificate or other document under this Act or the\nRegulations;\n\nAssociations Act 2003 80\n(g) penalties for offences against the Regulations not exceeding\n100 penalty units;\n(h) the payment of a prescribed amount instead of a penalty that\nmay otherwise be imposed for an offence against this Act or\nthe Regulations and for the service of a notice relating to\npayment of the amount on a person alleged to have\ncommitted the offence and the particulars to be included in the\nnotice.\n(3) The Regulations may:\n(a) make different provision in relation to:\n(i) different persons or matters; or\n(ii) different classes of persons or matters; or\n(b) apply differently by reference to specified exceptions or\nfactors.\n","sortOrder":119},{"sectionNumber":"120","sectionType":"section","heading":"Definitions","content":"120 Definitions\nrepealed Act means the Associations Incorporation Act 1963 as in\nforce immediately before the commencement of this Act.\n","sortOrder":120},{"sectionNumber":"121","sectionType":"section","heading":"Repeal","content":"121 Repeal\nThe Acts specified in Schedule 1 are repealed.\n","sortOrder":121},{"sectionNumber":"122","sectionType":"section","heading":"Applications","content":"122 Applications\n(1) Subsection (2) applies if:\n(a) before the commencement of this Act, an application was\nmade for incorporation under section 7 or 25C of the repealed\n(b) on the commencement, the application had not been finally\ndecided.\n(2) The application is taken to be an application under section 8 of this\nAct.\n\nAssociations Act 2003 81\n","sortOrder":122},{"sectionNumber":"123","sectionType":"section","heading":"Certificates of incorporation, officers etc.","content":"123 Certificates of incorporation, officers etc.\n(1) If a certificate of incorporation for an association or trading\nassociation under the repealed Act was in force immediately before\nthe commencement of this Act:\n(a) the certificate is taken to be a certificate of incorporation of the\nassociation under this Act; and\n(b) if the association was an incorporated trading association\nunder the repealed Act – the association is taken to be an\nincorporated trading association under this Act.\n(2) A reference in this Act to an incorporated association's constitution\nincludes a reference to the rules of an association that is taken to\nbe an incorporated association under this Act.\n(3) The public officer of an incorporated association holding office\nimmediately before the commencement of this Act is the public\nofficer of the association under this Act.\n","sortOrder":123},{"sectionNumber":"124","sectionType":"section","heading":"Notices for associations performing local government","content":"124 Notices for associations performing local government\nfunctions\nA notice under section 25AZH of the repealed Act is taken to be a\nnotice under section 101 of this Act.\n","sortOrder":124},{"sectionNumber":"125","sectionType":"section","heading":"Investigations","content":"125 Investigations\nAn investigation commenced under section 25AU of the repealed\nAct but not completed immediately before the commencement of\nthis Act may be conducted under Part 10 of this Act.\n","sortOrder":125},{"sectionNumber":"126","sectionType":"section","heading":"Consents in relation to prescribed property","content":"126 Consents in relation to prescribed property\n(1) A consent of the Minister under section 26A of the repealed Act, or\nsection 6 of the Special Purposes Leases Act 1953, that is in force\nimmediately before the commencement of this Act is taken to be a\nconsent for section 77 of this Act.\n(2) A disposal, charge or dealing with property that is valid and of effect\nunder the Associations Incorporation Amendment Act 1997 is taken\nto have effect for the purposes of this Act.\n\nAssociations Act 2003 82\n","sortOrder":126},{"sectionNumber":"127","sectionType":"section","heading":"If constitution not in accordance with Act on commencement","content":"127 If constitution not in accordance with Act on commencement\nIf the constitution of an association incorporated under the repealed\nAct does not comply with section 21 of this Act, the association\nmust, within 2 years after the commencement of this Act, alter its\nconstitution to comply.\n","sortOrder":127},{"sectionNumber":"128","sectionType":"section","heading":"Audits","content":"128 Audits\n(1) An association taken to be an incorporated association under this\nAct (an existing association) may elect to continue to comply with\nthe auditing requirements that applied to the existing association\nimmediately before this Act commenced during the period\ncommencing on the day on which this Act commences and ending\non 30 June of the financial year in which that day occurs.\n(2) If, during the period mentioned in subsection (1), an existing\nassociation makes an election under that subsection, despite the\nrepeal of the repealed Act:\n(a) sections 25, 25AG, 25AH, 25AI, 25AJ, 25AK and 25AM of the\nrepealed Act continue to apply to the existing association; and\n(b) Part 5 of this Act does not apply to the existing association.\n(3) If, during the period mentioned in subsection (1), an existing\nassociation does not make an election under that subsection, Part 5\nof this Act applies to the existing association.\n(4) If the first financial year of a tier 2 incorporated association ends\nafter the date on which this Act commences, the committee is taken\nto have complied with section 47(2) in relation to that financial year\nif the association's accounts for the year have been audited by a\nperson who is not a member of the association.\n","sortOrder":128},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional matters for Justice and Licensing","content":"Part 14 Transitional matters for Justice and Licensing\nLegislation Further Amendment Act 2022\n","sortOrder":129},{"sectionNumber":"129","sectionType":"section","heading":"Definitions","content":"129 Definitions\namending Act means Part 3, Division 1 of the Justice and\nLicensing Legislation Further Amendment Act 2022.\ncommencement means the commencement of the amending Act.\n\nAssociations Act 2003 83\nCommissioner means the Commissioner as defined in section 4 of\nthis Act as in force immediately before the commencement.\n","sortOrder":130},{"sectionNumber":"130","sectionType":"section","heading":"Delegation","content":"130 Delegation\n(1) A delegation by the Commissioner of any of the Commissioner's\npowers or functions under this Act, other than a power or function\nunder sections 67 to 70, that is in force immediately before the\ncommencement is taken to be a delegation by the Director made\nunder section 4B(1).\n(2) A delegation by the Commissioner of any of the Commissioner's\npowers or functions under sections 67 to 70 of this Act that is in\nforce immediately before the commencement is taken to be a\ndelegation by the CEO made under section 4B(2).\n","sortOrder":131},{"sectionNumber":"131","sectionType":"section","heading":"Secrecy","content":"131 Secrecy\nDespite the amendments to section 6 made by the amending Act,\nsection 6, as in force immediately before the commencement,\ncontinues to apply to a person who was, at any time before the\n(a) engaged as a member of the staff of the Commissioner; or\n(b) authorised to perform a function or exercise a power of the\nCommissioner on behalf of the Commissioner.\n","sortOrder":132},{"sectionNumber":"132","sectionType":"section","heading":"Protection from liability","content":"132 Protection from liability\nDespite the amendments to section 7 made by the amending Act,\nsection 7, as in force immediately before the commencement,\ncontinues to apply to a person who was the Commissioner at any\ntime before the commencement.\n","sortOrder":133},{"sectionNumber":"133","sectionType":"section","heading":"Property vested in Commissioner","content":"133 Property vested in Commissioner\nIf, immediately before the commencement, property is vested in the\nCommissioner under section 67 or a corresponding previous law of\nthe Territory, on commencement the property is taken to vest in the\nCEO under section 67.\n","sortOrder":134},{"sectionNumber":"134","sectionType":"section","heading":"Pending applications","content":"134 Pending applications\n(1) Subsection (2) applies in relation to an application if, before the\n(a) the application had been made to the Commissioner under\nthis Act; and\n\nAssociations Act 2003 84\n(b) the Commissioner had not made a decision on the application.\n(2) The application must be dealt with and decided in accordance with\nthis Act as in force immediately before the commencement.\n(3) The decision made by the Commissioner on the application is taken\nto be a decision made by the Director under this Act.\n","sortOrder":135},{"sectionNumber":"135","sectionType":"section","heading":"Pending appeals","content":"135 Pending appeals\n(1) Subsection (2) applies in relation to an appeal if, before the\n(a) the appeal had been commenced under this Act; and\n(b) a decision on the appeal had not been made.\n(2) The appeal must be dealt with in accordance with this Act as in\nforce immediately before the commencement.\n","sortOrder":136},{"sectionNumber":"136","sectionType":"section","heading":"Appeals not yet commenced","content":"136 Appeals not yet commenced\n(1) Subsection (2) applies in relation to a decision if, before the\n(a) the decision had been made by the Commissioner and the\nperiod for appealing the decision had not expired; and\n(b) an appeal had not been commenced.\n(2) A person who would have been entitled to appeal against the\ndecision under this Act as in force immediately before the\ncommencement may do so under this Act as in force after the\ncommencement as if the decision had been made by the Director.\n","sortOrder":137},{"sectionNumber":"137","sectionType":"section","heading":"Continuation of ongoing documents and actions","content":"137 Continuation of ongoing documents and actions\n(1) On the commencement, an ongoing Director document continues\nwith the same force and effect as if it had been issued by, or given\nto, the Director.\n(2) On the commencement, an ongoing Director action continues with\nthe same force and effect as if it had been done by, or in relation to,\n(3) On the commencement, an ongoing CEO document continues with\nthe same force and effect as if it had been issued by, or given to,\nthe CEO.\n\nAssociations Act 2003 85\n(4) On the commencement, an ongoing CEO action continues with the\nsame force and effect as if it had been done by, or in relation to, the\nCEO.\n(5) This section applies subject to the other provisions of this Part.\n(6) In this section, a reference to something done before the\ncommencement includes a reference to something done after the\ncommencement in accordance with this Part as if it had been done\nbefore the commencement.\n(7) In this section:\nongoing CEO action means an action or thing that:\n(a) was done by, or in relation to, the Commissioner before the\ncommencement, is conferred on the CEO; and\nongoing CEO document means a document that:\n(a) was issued by, or given to, the Commissioner before the\ncommencement, is conferred on the CEO; and\nongoing Director action means an action or thing that:\n(a) was done by, or in relation to, the Commissioner before the\ncommencement, is conferred on the Director; and\nongoing Director document means a document that:\n(a) was issued by, or given to, the Commissioner before the\ncommencement, is conferred on the Director; and\n\nAssociations Act 2003 86\n","sortOrder":138},{"sectionNumber":"138","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"138 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the amending Act, apply\nonly in relation to offences committed after the commencement.\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\n","sortOrder":139},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional matters for Statute Law","content":"Part 15 Transitional matters for Statute Law\nAmendment (NTCAT Conferral of Jurisdiction)\nAct 2023\n","sortOrder":140},{"sectionNumber":"139","sectionType":"section","heading":"Definitions","content":"139 Definitions\namending Act means the Statute Law Amendment (NTCAT\nConferral of Jurisdiction) Act 2023.\ncommencement means the commencement of Part 3 of the\namending Act.\nformer Act means this Act as in force immediately before the\n","sortOrder":141},{"sectionNumber":"140","sectionType":"section","heading":"Applications to NTCAT by disqualified persons limited to","content":"140 Applications to NTCAT by disqualified persons limited to\ndeclarations made after commencement\nSection 40A applies only in relation to a declaration that is made\nunder section 40 after the commencement.\n\nAssociations Act 2003 87\n","sortOrder":142},{"sectionNumber":"141","sectionType":"section","heading":"Appeals not commenced by disqualified persons before","content":"141 Appeals not commenced by disqualified persons before\n(1) This section applies to a disqualified person if, immediately before\nthe commencement, the person:\n(a) was entitled to appeal to the Local Court against the making of\nthe declaration in respect of the person under section 114 of\nthe former Act; and\n(b) had not yet commenced an appeal against the making of the\ndeclaration.\n(2) The disqualified person may appeal to the Local Court against the\nmaking of the declaration in accordance with section 114 of the\nformer Act, as if section 25 of the amending Act had not\n(3) The Local Court must hear and determine the disqualified person's\nappeal in accordance with section 114 of the former Act, as if\nsection 25 of the amending Act had not commenced.\n","sortOrder":143},{"sectionNumber":"142","sectionType":"section","heading":"Appeals by disqualified persons not determined before","content":"142 Appeals by disqualified persons not determined before\n(1) Subsection (2) applies in relation to an appeal to the Local Court\nthat:\n(a) was commenced by a disqualified person under section 114 of\nthe former Act; and\n(b) had not yet been finally determined by the Local Court before\nthe commencement.\n(2) The Local Court must continue to hear and determine the\ndisqualified person's appeal in accordance with section 114 of the\nformer Act, as if section 25 of the amending Act had not\n","sortOrder":144},{"sectionNumber":"143","sectionType":"section","heading":"Review by NTCAT limited to decisions made after","content":"143 Review by NTCAT limited to decisions made after\nSection 114, as inserted by section 25 of the amending Act, applies\nonly in relation to a reviewable decision that is made after the\n\nAssociations Act 2003 88\n","sortOrder":145},{"sectionNumber":"144","sectionType":"section","heading":"Other appeals not commenced before commencement","content":"144 Other appeals not commenced before commencement\n(1) This section applies to a person if, immediately before the\ncommencement, the person:\n(a) was entitled to appeal to the Local Court against a decision of\nthe Director under section 115 of the former Act; and\n(b) had not yet commenced an appeal against the decision.\n(2) The person may appeal to the Local Court against the decision in\naccordance with section 115 of the former Act, as if section 25 of\nthe amending Act had not commenced.\n(3) The Local Court must hear and determine the person's appeal in\naccordance with section 115 of the former Act, as if section 25 of\nthe amending Act had not commenced.\n","sortOrder":146},{"sectionNumber":"145","sectionType":"section","heading":"Other appeals not determined before commencement","content":"145 Other appeals not determined before commencement\n(1) Subsection (2) applies in relation to an appeal to the Local Court\nthat:\n(a) was commenced by a person under section 115 of the former\n(b) had not yet been finally determined by the Court before the\n(2) The Local Court must continue to hear and determine the person's\nappeal in accordance with section 115 of the former Act, as if\nsection 25 of the amending Act had not commenced.\n","sortOrder":147},{"sectionNumber":"146","sectionType":"section","heading":"Applications relating to dissolved incorporated associations","content":"146 Applications relating to dissolved incorporated associations\nnot determined before commencement\n(1) Subsection (2) applies in relation to an application to the Supreme\nCourt that:\n(a) was made by a person under section 68(7) or 71 of the former\n(b) had not yet been finally determined by the Court before the\n(2) The Supreme Court must continue to hear and determine the\nperson's application in accordance with section 68(7) or 71 of the\nformer Act, as if sections 22 and 23 of the amending Act had not\n\nAssociations Act 2003 89\n","sortOrder":148},{"sectionNumber":"147","sectionType":"section","heading":"Applications to Treasurer and NTCAT regarding incorporated","content":"147 Applications to Treasurer and NTCAT regarding incorporated\nassociations dissolved before commencement\n(1) An application may be made to the Treasurer under section 68, as\namended by section 22 of the amending Act, in relation to an\namount paid to the Treasurer under that section even if the amount\nwas paid before the commencement.\n(2) An application may be made to NTCAT under section 71, as\ninserted by section 23 of the amending Act, for the reinstatement of\na dissolved incorporated association even if the dissolution of the\nincorporated association occurred before the commencement.\n\nAssociations Act 2003 90\nsection 121\nAssociations Incorporation Ordinance 1963 No. 49, 1963\nAssociations Incorporation Ordinance 1969 No. 22, 1969\nAssociations Incorporation Act 1978 No. 22, 1979\nAssociations Incorporation Amendment Act 1981 No. 75, 1981\nAssociations Incorporation Amendment Act 1989 No. 46, 1989\nAssociations Incorporation Amendment Act 1990 No. 57, 1990\nAssociations Incorporation Amendment Act 1995 No. 41, 1995\nAssociations Incorporation Amendment Act 1996 No. 2, 1996\nAssociations Incorporation Amendment Act 1997 No. 11, 1997\nAssociations Incorporation Amendment Act 2002 No. 70, 2002\n\nAssociations Act 2003 91\nsection 114\nItem Reviewable decision Affected person\n1 A decision of the Director under section 5(1) to\nrefuse to grant an extension or exemption to an\napplicant under section 5(1A)(b)\nThe applicant\n2 A decision of the Director under section 5(3) to\nrevoke or vary an extension or exemption\ngranted to an incorporated association or an\nofficer of an incorporated association\nThe incorporated\nassociation or the\nofficer\n3 A decision of the Director under section 9 to\nrefuse to issue a certificate of incorporation\nThe applicant under\nsection 8\n4 A decision of the Director under section 17(1)\nto refuse to issue to an incorporated\nassociation a certificate of incorporation in a\nnew name\nThe public officer of\nthe incorporated\n5 A decision of the Director under section 23(5)\nto refuse to approve an alteration of the objects\nor purposes of an incorporated association\nThe public officer of\nthe incorporated\n6 A decision of the Treasurer under section 68(8)\nin relation to an application for the payment of\nan amount of money\nThe applicant\n7 A decision of the Director under section 78(1)\nto appoint a statutory manager to administer\nthe affairs of an incorporated association\nA member of the\nincorporated\n8 A decision of the Director under section 80(2)\nto revoke the appointment of a statutory\nmanager\nThe statutory\nmanager\n\nAssociations Act 2003 92\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAssociations Act 2003 (Act No. 56, 2003)\nAssent date 22 October 2003\nCommenced 5 May 2004 (Gaz G18, 5 May 2004, p 2)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nPolice Administration Amendment (Powers and Liability) Act 2005 (Act No. 11, 2005)\nAssent date 17 March 2005\nCommenced 20 April 2005 (Gaz G16, 20 April 2005, p 5)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nJustice Legislation Amendment Act 2006 (Act No. 13, 2006)\nAssent date 18 May 2006\nCommenced 1 July 2006 (Gaz G26, 28 June 2006, p 7)\nJustice Legislation Amendment Act (No. 2) 2006 (Act No. 35, 2006)\nAssent date 3 November 2006\nCommenced 3 November 2006\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\n\nAssociations Act 2003 93\nLocal Government Amendment Act 2007 (Act No. 15, 2007)\nAssent date 4 September 2007\nCommenced pt 1: 4 September 2007; pt 2: 11 September 2007 (Gaz S26,\n11 September 2007; pt 3: 17 October 2007 (Gaz G31,\n17 October 2007, p 2)\nRevenue Law Reform (Budget Initiatives) Act 2008 (Act No. 23, 2008)\nAssent date 30 June 2008\nCommenced pt 1, ss 3, 12(1), 18 and 19: 1 January 2008;\nss 7, 10 and 11(1): 6 May 2008; rem: 1 July 2008 (s 2)\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 3)\nStatute Law (Miscellaneous Provisions) Act 2011 (Act No. 44, 2011)\nAssent date 21 December 2011\nCommenced 27 January 2012 ((other than amdts to Darwin Port\nCorporation Act and Marine Act listed in the Sch to Act) Gaz\nS3, 27 January 2012))\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nLicensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014)\nAssent date 5 December 2014\nCommenced 1 January 2015 (Gaz S130, 19 December 2014, p 2)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\n\nAssociations Act 2003 94\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nLicensing (Director-General) Repeal Act 2020 (Act No. 4, 2020)\nAssent date 9 March 2020\nCommenced 14 April 2020 (Gaz G13, 1 April 2020, p 2)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19,\n2021)\nAssent date 31 August 2021\nCommenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39,\n29 September 2021, p 1)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5,\n2022)\nAssent date 14 April 2022\nCommenced pt 7: 25 May 2023 (Gaz G11, 25 May 2023, p 2);\nrem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)\nAssociations and Liquor Amendment Act 2022 (Act No. 12, 2022)\nAssent date 2 June2022\nCommenced 17 July 2022 (s 2)\nJustice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022)\nAssent date 31 October 2022\nCommenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50,\n21 December 2022, p 1)\nStatute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 (Act No. 24, 2023)\nAssent date 21 September 2023\nCommenced 27 November 2023 (Gaz G24, 23 November 2023, p 2)\nRacing and Wagering Act 2024 (Act No. 8, 2024)\nAssent date 9 April 2024\nCommenced 1 July 2024 (Gaz G13, 20 June 2024, p 1)\nTrade, Business and Asian Relations Legislation Amendment (Streamlining Licensing\nSchemes and Other Matters) Act 2026 (Act No. 2, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 6, 40, 47, 62, 72, 77,\n110, 120 and 126.\n4 LIST OF AMENDMENTS\ns 3 amd No. 13, 2006, s 8\ns 4 amd No. 13, 2006, s 9; No. 28, 2008, s 3; No. 44, 2011, ss 12 and 27; No. 19,\n2014, s 26; No. 19, 2021, s 4; No. 21, 2022, s 15\nss 4A – 4C ins No. 21, 2022, s 16\n\nAssociations Act 2003 95\ns 5 amd No. 19, 2021, s 5; No. 21, 2022, s 18\ns 6 amd No. 44, 2005, s 35; No. 23, 2008, s 21; No. 12, 2010, s 3; No. 44, 2011,\ns 27; No. 44, 2014, s 145; No. 4, 2020, s 77; No. 39, 2019, s 370; No. 5,\n2022, s 35; No. 21, 2022, s 18; No. 8, 2024, s 319\ns 7 amd No. 21, 2022, s 18\ns 8 amd No. 44, 2011, s 27; No. 21, 2022, s 18\ns 9 amd No. 21, 2022, s 18\ns 10 amd No. 44, 2011, s 27; No. 21, 2022, s 18\ns 11 amd No. 44, 2011, s 27\ns 13A ins No. 35, 2006, s 3\ns 16 amd No. 12, 2010, s 3\nss 17 – 18 amd No. 21, 2022, s 18\ns 19 amd No. 44, 2011, s 27\ns 22 amd No. 12, 2010, s 3; No. 21, 2022, s 18\ns 23 amd No. 12, 2010, s 3; No. 44, 2011, s 27; No. 21, 2022, s 18\ns 24 amd No. 21, 2022, s 18\ns 25 amd No. 44, 2011, s 27\ns 27 amd No. 44, 2011, s 27\ns 28 amd No. 12, 2010, s 3; No. 21, 2022, s 18\ns 30 amd No. 44, 2005, s 35; No. 12, 2010, s 3; No. 44, 2011, s 27; No. 27, 2014,\ns 57; No. 21, 2022, s 18\ns 31 amd No. 12, 2010, s 3; No. 44, 2011, s 27\nss 32 – 33 amd No. 12, 2010, s 3\ns 34 amd No. 12, 2010, s 3; No. 44, 2011, s 27\ns 37 amd No. 35, 2006, s 4\ns 38 amd No. 12, 2010, s 3; No. 44, 2011, s 27\npt 4\ndiv 3 hdg amd No. 44, 2011, s 27\ns 40 amd No. 1, 2004, s 62; No. 11, 2005, s 16; No. 44, 2011, s 27; No. 21, 2022,\ns 18; No. 24, 2023, s 20\ns 40A ins No. 24, 2023, s 21\nss 41 – 43 amd No. 12, 2010, s 3; No. 44, 2011, s 27\ns 44 amd No. 12, 2010, s 3; No. 44, 2011, s 27; No. 21, 2022, s 18\ns 45 amd No. 12, 2010, s 3; No. 21, 2022, s 18\ns 46 amd No. 13, 2006, s 10; No. 12, 2010, s 3; No. 44, 2011, s 27\nss 47 – 48 amd No. 12, 2010, s 3; No. 44, 2011, s 27; No. 21, 2022, s 18\ns 51 amd No. 12, 2010, s 3; No. 44, 2011, s 27\ns 52 amd No. 21, 2022, s 18\ns 54 amd No. 28, 2008, s 3; No. 44, 2011, s 27; No. 38, 2014, s 26; No. 21, 2022,\ns 18\ns 56 amd No. 21, 2022, s 18\ns 57 amd No. 44, 2011, s 27\ns 62 amd No. 44, 2011, s 27\ns 63 amd No. 38, 2014, s 2; No. 21, 2022, s 18\ns 65 amd No. 44, 2005, s 35; No. 44, 2011, s 27; No. 21, 2022, s 18; No. 2, 2026,\ns 14\nss 66 – 67 amd No. 44, 2011, s 27; No. 21, 2022, s 18\ns 68 amd No. 44, 2011, s 27; No. 21, 2022, s 18; No. 24, 2023, s 22\ns 69 amd No. 21, 2022, s 18\ns 70 amd No. 44, 2011, s 27; No. 21, 2022, s 18\ns 71 amd No. 12, 2010, s 3; No. 21, 2022, s 18\nsub No. 24, 2023, s 23\ns 72 amd No. 35, 2006, s 5; No. 44, 2011, s 27\nss 73 – 74 amd No. 21, 2022, s 18\ns 75 amd No. 12, 2010, s 3\ns 76 amd No. 21, 2022, s 18\nss 77 – 81 amd No. 44, 2011, s 27\ns 78 amd No. 44, 2011, s 27; No. 21, 2022, s 18\n\nAssociations Act 2003 96\ns 79 amd No. 44, 2011, s 27\nss 80 – 81 amd No. 44, 2011, s 27; No. 21, 2022, s 18\ns 83 amd No. 44, 2011, s 27; No. 21, 2022, s 18\nss 84 – 85 amd No. 21, 2022, s 18\ns 86 amd No. 44, 2011, s 27; No. 21, 2022, s 18\ns 87 amd No. 44, 2011, s 27\nss 88 – 90 amd No. 12, 2010, s 3; No. 44, 2011, s 27\ns 91 amd No. 21, 2022, s 18\ns 92 amd No. 12, 2010, s 3; No. 44, 2011, s 27\ns 93 amd No. 21, 2022, s 18\nss 94 – 95 amd No. 44, 2011, s 27; No. 21, 2022, s 18\nss 96 – 97 amd No. 12, 2010, s 3; No. 21, 2022, s 18\ns 99 amd No. 12, 2010, s 3; No. 44, 2011, s 27; No. 21, 2022, s 18\ns 100 amd No. 7, 2007, s 16; No. 44, 2011, s 27; No. 21, 2022, s 18\npt 11 hdg rep No. 15, 2007, s 9\nss 101 – 102 rep No. 15, 2007, s 9\ns 104 amd No. 44, 2011, s 27; No. 21, 2022, s 18\ns 106 amd No. 12, 2010, s 3; No. 21, 2022, s 18\ns 107 amd No. 12, 2010, s 3; No. 44, 2011, s 27\ns 108 amd No. 12, 2010, s 3\ns 109 amd No. 12, 2010, s 3; No. 44, 2011, s 27; No. 21, 2022, s 18; No. 24, 2023,\ns 24\ns 110 amd No. 12, 2010, s 3; No. 44, 2011, ss 13 and 27; No. 4, 2017, s 34\nsub No. 12, 2022, s 4\namd No. 21, 2022, s 18\ns 112 amd No. 21, 2022, s 18\ns 113 amd No. 44, 2011, s 27; No. 21, 2022, s 18\ns 114 sub No. 24, 2023, s 25\ns 115 amd No. 21, 2022, s 18\nrep No. 24, 2023, s 25\nss 116 – 117 amd No. 12, 2010, s 3; No. 21, 2022, s 18\ns 118 sub No. 2, 2026, s 15\ns 119 amd No. 21, 2022, s 18\ns 121 amd No. 24, 2023, s 26\ns 127 amd No. 12, 2010, s 3\npt 14 hdg ins No. 21, 2022, s 17\nss 129 – 138 ins No. 21, 2022, s 17\npt 15 hdg ins No. 24, 2023, s 27\nss 139 – 147 ins No. 24, 2023, s 27\nsch amd No. 24, 2023, s 28\nsch 2 ins No. 24, 2023, s 29","sortOrder":149}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This Act, as presented, replaces and consolidates earlier Associations incorporation laws (see Schedule 1, Part 13) and has been amended multiple times (Parts 14–15; Endnotes). Compared with the earlier framework it broadens and clarifies administrative control and oversight: it establishes the Director role and formal delegation routes (ss 4A–4B), introduces tiered audit requirements (ss 46–48), strengthens investigation and entry powers (Part 10), provides clearer statutory manager and winding-up procedures (Part 9, ss 72–85), and tightens controls over grant- or government-funded \"prescribed property\" (s 110). It also creates a defined set of reviewable decisions to be heard by NTCAT or courts (s 114; Sch 2). Those changes expand administrative discretion and modernise oversight and enforcement compared with the pre-repeal regime summarised in the transitional provisions (Part 13)."},"complexity_factors":["Length and number of interlocking Parts (incorporation, governance, finance, investigation, external administration, property rules, offences and extensive transitional provisions).","Significant delegation and discretionary powers vested in the Director and Minister (ss 4A–4B, 5, 9, 23(5), 63, 78, 110) increasing interpretive and implementation complexity.","Multiple cross-references to other statutes and applied Corporations Act provisions (ss 3, 72), creating legal interactions and modification needs.","Tiered audit and reporting regime with differentiated standards and auditor qualifications (ss 46–48) that require annual compliance assessment.","Complex property regime for \"prescribed property\" with Ministerial consent rules and special winding up treatment (ss 77, 110).","Numerous offence provisions with varying penalties, civil remedies and procedural requirements (e.g. ss 31–33, 86–92, 106–109), implicating criminal, civil and administrative law.","Detailed and prescriptive filing and time limits (ss 22, 23, 28, 41, 45) increasing administrative load and risk of non-compliance.","Extensive transitional and amendment history (Parts 13–15 and Endnotes) requiring attention to which version applies and preserving legacy appeals/decisions."],"plain_english_summary":"# What this law does (mechanics first)\n\n- It sets out how voluntary associations in the Northern Territory can become incorporated bodies, what incorporated associations may and must do, and how the Territory government supervises, enforces and, in some cases, takes control of them. (See whole Act; incorporation process at sections 8–12; Director powers Parts 2 and 10; external administration Part 9.)\n\n# Who it affects\n\n- People and groups that call themselves associations, societies, institutions or bodies that operate in whole or in part in the Territory, including charitable, recreational, cultural, educational, religious and trading associations (definition of \"association\", s 4).\n- Officers and committee members of such associations (see duties and offences in ss 31–33, 86–92, 106–109). \n- The Director (the public sector official appointed under s 4A), the Minister (for some consents), the CEO (in specified dissolution roles) and courts/NTCAT for review and enforcement.\n\n# Main practical effects and how they work\n\n- Incorporation: An association may apply to the Director to be incorporated (s 8). On issue of a certificate the association becomes a body corporate with perpetual succession, can hold property and sue/be sued (s 11). The Director may refuse incorporation and must give reasons (ss 9, 10).\n\n- Constitution and internal governance: Constitutions must provide for membership qualifications, executive offices, committee powers, meeting procedures and fund management (s 21). Certain filings are mandatory: trusts (s 22), alterations to constitution or objects (s 23), and registers and minutes (ss 34, 38). Failure to file or keep records attracts prescribed penalties (e.g. ss 22(1), 23(1), 41).\n\n- Financial controls and reporting: Associations must keep accounting records for at least seven years (s 41), prepare annual statements (s 42), present accounts and auditor's report at AGMs (s 43), make audited accounts available to members (s 44) and file copies with the Director within time limits (s 45). Audit requirements are tiered by size/type (ss 46–48) and auditors have statutory powers and reporting obligations (ss 49–51).\n\n- Limit on member distributions: Non-trading incorporated associations may not distribute profits or assets to members (s 13A). Trading associations are excluded from that prohibition (s 13A(1)).\n\n- Property and prescribed property: Associations can sell or transfer property subject to rules. \"Prescribed property\" (often grant-funded or government-origin property) cannot be disposed of, charged or dealt with without Ministerial consent (s 110). Transfers of all property require procedural notice and may be challenged by members or creditors (s 54).\n\n- Enforcement, investigation and intervention powers: The Director can investigate association affairs, require production of books, enter premises and examine persons (Part 10, ss 93–99). The Director may appoint a statutory manager to run an association in defined circumstances (s 78); the statutory manager replaces the committee and may terminate contracts and take management functions (s 79). The Director may also issue certificates to the Supreme Court to wind up an association (s 73).\n\n- Winding up and external administration: External administration and winding up are governed in part by applied provisions of the Corporations Act (s 72). Distribution of surplus assets on winding up is restricted for non-trading associations (s 76); prescribed property generally requires Ministerial consent in winding up (s 77).\n\n- Offences and civil remedies: The Act creates criminal and regulatory offences for falsifying books, failing to disclose interests, obstructing auditors or inspectors, incurring unpayable debts, fraudulent conduct and related acts (see ss 31–33, 41, 49–51, 86–92, 106–109). Courts can order persons to pay for loss caused by fraud/negligence or order other remedies (s 100).\n\n- Review rights and transitional matters: Certain Director and Treasurer decisions are reviewable to NTCAT (s 114; Schedule 2) or, in transitional circumstances, to the Local Court or Supreme Court as preserved. The Act also contains extensive transitional provisions dealing with repeal of the earlier Associations legislation and later amendments (Parts 13–15).\n\n# Purposes claimed in the text, and how those aims map to costs, incentives and trade-offs\n\n- Claimed purpose (implicit throughout): provide a statutory framework for incorporation, accountability and protection of public or member interests (see incorporation ss 8–13, duties ss 31–33, financial reporting Part 5). \n\n- How the law creates incentives and costs (source‑grounded):\n  - Who pays: primarily the association itself and its members. Filing, record-keeping and audit obligations (ss 22, 23, 41–48, 45) impose direct administrative costs on associations and indirect time costs on volunteers/officers. If a statutory manager is appointed, administration costs are charged to the association (s 81). If property is sold by the CEO after dissolution, proceeds are paid to the Treasurer and later disbursed if claims are accepted (ss 68(5)–(8)).\n  - Who decides: the Director and the Minister hold substantial administrative discretion: approve forms (s 4C), grant or revoke exemptions (s 5), refuse or grant incorporation (s 9), require name changes (s 17), approve alterations of objects (s 23(5)), appoint statutory managers (s 78) and require production of documents (s 94). The Minister controls consents for prescribed property transactions (s 110). Courts and NTCAT provide independent review for specified decisions (s 114; Sch 2).\n  - Behaviour changes incentivised: Associations are incentivised to keep proper books, to comply with filing and audit rules (ss 41–48, 45), and to avoid conduct that may trigger investigations or statutory management (Part 10, ss 78–85). Non-trading associations are constrained from distributing surplus to members (s 13A), which affects how they structure operations and benefits to members.\n  - Trade‑offs and opportunity cost: The compliance regime increases certainty and government oversight at the cost of administrative burden and potential delays (e.g. Director approvals, Ministerial consents). Where property is grant-funded (prescribed property), Ministerial control (s 110) can limit associations' commercial flexibility in return for preserving public or grant conditions.\n  - Concentrated benefits and diffuse costs: Benefits from Ministerial consents and executive discretion (control over prescribed property, s 110; appointment of statutory managers, s 78) are concentrated in the government’s ability to protect public interests or grant conditions. Compliance costs (records, audits, filings) fall diffusely on many associations and their officers (ss 41–48, 22–23).\n  - Rent‑seeking and capture risk (source‑grounded): The Act vests significant discretionary power in the Director and Minister (e.g. ss 5, 9, 63, 78, 110). Where the law permits discretionary exemptions, approvals and directions, affected associations bear the compliance and administrative costs of seeking those decisions (s 5). Those features create implementation risk and procedural uncertainty if not accompanied by clear guidelines (see s 5(2) allowing conditions on exemptions and s 63 process for reasons and show‑cause).\n\n# Compliance burden and administrative discretion (specific citations)\n\n- Filing deadlines and records: trusts within 3 months of incorporation and one month on creation (s 22); alterations filed within one month (s 23); public officer to notify appointment/change of address within 14 days (s 28); accounting records kept for 7 years (s 41); audited accounts filed within 28 days after AGM (s 45).\n\n- Director discretion and review: the Director may exempt, extend or impose conditions (s 5); may refuse incorporation or new name (ss 9, 17) and must notify reasons (ss 10, 18); review rights to NTCAT for specified decisions (s 114; Sch 2).\n\n- Enforcement and investigation powers: production of books and statements (ss 94–96), powers of entry (s 97), immunity for compliance (s 98) and offences for obstruction (s 96(2), s 97(2)).\n\n# Effects on private enterprise, competition and individual choice (source-grounded)\n\n- Private enterprise: trading associations are treated differently (s 13A(1); Part 5 tiers include trading associations at tier 3, s 48). Incorporated associations may borrow and give securities subject to constitution and s 110 limits (s 13).\n\n- Contract freedom and ownership: On incorporation, property held for the association vests in the incorporated association (s 12). Transfers and disposals of prescribed property are constrained by Ministerial consent (s 110) and by publicity/notice rules for wholesale transfers (s 54). Associations may transfer incorporation to the Corporations Act but subject to Director consent where prescribed property is held (ss 56–57).\n\n# Implementation risks and likely friction points\n\n- Wide discretionary powers of the Director and Minister (ss 5, 9, 17, 23(5), 63, 78, 110) create potential uncertainty for associations about timeframes and outcome predictability; the Act requires notice and opportunity to show cause in some cases (s 63(3)).\n- Complexity of tiered audit rules (ss 46–48) and multiple filing timelines (s 22, s 23, s 41, s 45) increase compliance costs for associations with small volunteer committees.\n- Restrictions on prescribed property (s 110) can impede quick commercial decisions and require Ministerial coordination with Commonwealth where grants are involved (s 110(10)).\n\n# Bottom line in plain terms\n\nThis Act creates a statutory regime for incorporating, governing, auditing and, when necessary, intervening in associations in the Northern Territory. It imposes record‑keeping, reporting and audit obligations on associations and gives the Director and Minister powers to approve, supervise and, at times, take control of associations or their assets (notably prescribed property). The main costs fall on associations and their officers who must comply with filing, auditing and governance duties; the main decision-makers are the Director and Minister, with review limited to particular decisions by NTCAT and courts (s 114; Schedule 2). The law balances statutory oversight and member protections against administrative burdens and discretionary executive control by specifying mandatory procedures, penalties and review routes."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":776},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a framework for incorporating and regulating community associations. While it has been amended multiple times (notably in 2022 and 2023 to transfer functions from a 'Commissioner' to a 'Director' and 'CEO', and to expand NTCAT jurisdiction), these changes appear to be administrative and machinery-of-government adjustments rather than substantive expansion beyond the original purpose of association incorporation and regulation."},"complexity_factors":["Extensive cross-referencing with the Corporations Act 2001 (especially for winding up, external administration, and auditor registration)","Three-tier audit system (sections 46-48) with different requirements based on gross receipts, assets, and whether the association is a trading association","Multiple transitional provisions across Parts 13-15 dealing with successive amendments (2022 and 2023) and preserving rights under repealed legislation","Detailed definitions section (section 4) with 20+ defined terms including nested definitions like 'prescribed property' and 'financial year'","Conditional logic throughout — e.g., section 110 on prescribed property has 16 subsections with multiple exceptions and special rules for Aboriginal corporations","Interaction with other Territory legislation (Crown Lands Act, Pastoral Land Act, Gaming Machine Act, etc.) requiring knowledge of those schemes","NTCAT jurisdiction provisions (sections 40A, 71, 109, 114) creating parallel review pathways","Statutory manager regime (sections 78-85) with complex effects on employment contracts and committee powers"],"plain_english_summary":"This is the **Northern Territory's Associations Act 2003**, which sets up a legal framework for **incorporating community groups, clubs, charities, and other non-profit organisations**.\n\n**What it does:**\n\n- **Creates a simple way for community groups to become legal entities** (\"incorporated associations\") without the complexity of forming a company. Once incorporated, a group can own property, enter contracts, sue and be sued in its own name — protecting individual members from personal liability.\n\n- **Covers diverse groups**: Religious organisations, educational bodies, charities, cultural groups, sports clubs, and even some trading associations (for ethnic communities) can use this Act.\n\n- **Sets governance rules**: Requires a minimum of 5 members, a management committee, a public officer (main contact person), annual general meetings, proper accounting records, and audited financial statements (with three tiers of audit requirements based on size).\n\n- **Protects against misuse**: Officers must disclose conflicts of interest, can't fraudulently deal with assets, and face penalties for serious misconduct. Members can go to court or NTCAT (the Territory's tribunal) if the association is being run oppressively or unfairly.\n\n- **Provides oversight and intervention powers**: The Director (a government official) can investigate associations, appoint statutory managers to take over troubled groups, wind up defunct associations, and enforce compliance. Special rules protect \"prescribed property\" — assets acquired with government grants.\n\n- **Allows transfer to corporate status**: Associations can \"graduate\" to become companies under the Corporations Act 2001 if they outgrow this framework.\n\n**Who it affects:**\n\n- **Community groups and volunteers** wanting legal recognition and protection\n- **Members and officers** of incorporated associations (with duties and potential liabilities)\n- **Government regulators** overseeing the sector\n\n**Why it matters:**\n\nThis Act lets ordinary people form lasting organisations for community benefit without needing lawyers or complex corporate structures. It balances flexibility with accountability — keeping groups honest through reporting requirements and giving members remedies when things go wrong."}},"importantCases":[],"_links":{"self":"/api/acts/associations-act-2003","history":"/api/acts/associations-act-2003/history","analysis":"/api/acts/associations-act-2003/analysis","conflicts":"/api/acts/associations-act-2003/conflicts","importantCases":"/api/acts/associations-act-2003/important-cases","documents":"/api/acts/associations-act-2003/documents"}}