{"id":"BILL-WA-03D6C0514BBC1A1548258C7B000D786F","name":"Associations and Co-operatives Legislation Amendment Bill 2025","slug":"associations-and-co-operatives-legislation-amendment-bill-2025","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-04-30","administeringDepartment":null,"currentVersion":{"id":446156,"registerId":"BILL-WA-03D6C0514BBC1A1548258C7B000D786F:current","compilationNumber":null,"startDate":"2025-04-30","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:30.657Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Associations and Co-operatives Legislation Amendment Bill 2025\n\n11—1 page i\nWestern Australia\nAssociations and Co-operatives Legislation\nAmendment Bill 2025\nContents\nPart 1 — Preliminary\n1. Short title 2\n2. Commencement 2\nPart 2 — Associations Incorporation\nAct 2015 amended\n3. Act amended 3\n4. Section 18 amended 3\n5. Part 2 Division 4 inserted 3\nDivision 4 — Reservation of names\n20A. Application for reservation of name 3\n20B. Decision on application 3\n20C. Duration of reservation of name 4\n6. Section 23A inserted 4\n23A. Rules imposing additional requirements\nnot inconsistent with Act 4\n7. Section 24 amended 4\n8. Section 50 amended 5\n9. Section 51 amended 5\n10. Section 52A inserted 6\n52A. Holding meetings remotely in whole or\npart 6\n11. Section 53 amended 6\n12. Section 54 amended 7\n13. Section 56 amended 7\n14. Sections 56A and 56B inserted 8\n56A. Restriction of access to personal\ninformation 8\n56B. Secretary must pass on information if\ncontact details restricted 8\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nContents\npage ii\n15. Section 87 amended 9\n16. Part 9 heading replaced 10\nPart 9 — Administration, winding up and\nrestructuring\n17. Part 9 Division 1 heading replaced 10\nDivision 1 — Voluntary administration, winding up\nand restructuring\n18. Section 121 amended 10\n19. Section 121A inserted 11\n121A. Restructuring under Corporations Act 11\n20. Section 122 amended 12\n21. Section 127 amended 12\n22. Section 136A inserted 12\n136A. Commissioner may revoke approval of\ndistribution plan 12\n23. Section 138A inserted 13\n138A. Amendment of approved distribution plan 13\n24. Section 144 replaced 14\n144. Grounds on which Commissioner may act 14\n25. Section 167 amended 15\n26. Section 169 amended 15\n27. Section 182 amended 16\n28. Part 16A inserted 17\nPart 16A — Transitional provision for Associations\nand Co-operatives Legislation Amendment\nAct 2025\n211A. Application of s. 54 to existing requests 17\n29. Schedule 1 amended 18\n30. Schedule 2 amended 18\n31. Schedule 3 amended 18\nPart 3 — Co-operatives Act 2009\namended\n32. Act amended 19\n33. Section 168 amended 19\n34. Section 194 amended 19\n35. Section 194A inserted 20\n194A. Holding meetings remotely in whole or\npart 20\n36. Section 250 amended 20\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nContents\npage iii\n37. Section 484A inserted 21\n484A. Technology neutral signing 21\n38. Various references to “chairman” amended 23\n\npage 1\nWestern Australia\nLEGISLATIVE ASSEMBLY\nAssociations and Co-operatives Legislation\nAmendment Bill 2025\nA Bill for\nAn Act to amend the Associations Incorporation Act 2015 and the\nCo-operatives Act 2009.\nThe Parliament of Western Australia enacts as follows:\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nPart 1 Preliminary\ns. 1\npage 2\nPart 1 — Preliminary1\n1. Short title2\nThis is the Associations and Co-operatives Legislation3\nAmendment Act 2025.4\n2. Commencement5\nThis Act comes into operation as follows —6\n(a) Part 1 — on the day on which this Act receives the7\nRoyal Assent (assent day);8\n(b) sections 5, 12 to 14, 26 and 28 — on a day fixed by9\nproclamation, and different days may be fixed for10\ndifferent provisions;11\n(c) the rest of the Act — on the day after assent day.12\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nAssociations Incorporation Act 2015 amended Part 2\ns. 3\npage 3\nPart 2 — Associations Incorporation Act 2015 amended1\n3. Act amended2\nThis Part amends the Associations Incorporation Act 2015.3\n4. Section 18 amended4\nIn section 18(3)(b) delete “duplicate instruments of title and5\nother”.6\n5. Part 2 Division 4 inserted7\nAt the end of Part 2 insert:8\n9\nDivision 4 — Reservation of names10\n20A. Application for reservation of name11\n(1) An application for reservation of a name may be made12\nto the Commissioner by an incorporated association or13\nby an applicant for the incorporation of an association.14\n(2) An application for reservation of a name —15\n(a) must be in the approved form; and16\n(b) must state the name to be reserved; and17\n(c) must be accompanied by the fee prescribed by18\nthe regulations.19\n20B. Decision on application20\n(1) The Commissioner may determine an application for21\nreservation of a name by reserving the name or by22\nrefusing the application.23\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nPart 2 Associations Incorporation Act 2015 amended\ns. 6\npage 4\n(2) An application for reservation of a name may be1\nrefused —2\n(a) if the nominated name is not appropriate having3\nregard to section 12; or4\n(b) if the Commissioner is satisfied that the5\napplication has been made for an improper6\npurpose.7\n20C. Duration of reservation of name8\nThe reservation of a name expires at the end of the9\nperiod of 3 months after the name is reserved or, if an10\napplication for the incorporation of an association or11\nfor a change in an incorporated association’s name is12\nmade within that period, when the application is13\ndetermined.14\n15\n6. Section 23A inserted16\nAfter section 23 insert:17\n18\n23A. Rules imposing additional requirements not19\ninconsistent with Act20\nThe rules of an incorporated association are not21\ninconsistent with this Act merely because the rules22\nimpose a requirement that is in addition to the23\nrequirements imposed by this Act.24\n25\n7. Section 24 amended26\nIn section 24(1) —27\n(a) in paragraph (g) delete “Act.” and insert:28\n29\nAct;30\n31\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nAssociations Incorporation Act 2015 amended Part 2\ns. 8\npage 5\n(b) after paragraph (g) insert:1\n2\n(h) an association that is incorporated under an Act3\nof another State or a Territory that corresponds4\nto this Act;5\n(i) an Aboriginal and Torres Strait Islander6\ncorporation as defined in the Corporations7\n(Aboriginal and Torres Strait Islander)8\nAct 2006 (Commonwealth) section 16.5;9\n(j) a religious organisation incorporated by or10\nunder a written law;11\n(k) an entity endorsed by the Commissioner of12\nTaxation of the Commonwealth under the13\nIncome Tax Assessment Act 199714\n(Commonwealth) as a deductible gift recipient.15\n16\n8. Section 50 amended17\nAfter section 50(3) insert:18\n19\n(4) Subsection (1) does not apply to an incorporated20\nassociation for a calendar year if, as a result of the21\nCommissioner allowing a longer period under22\nsubsection (3)(b), the association does not hold an23\nannual general meeting in that calendar year.24\n25\n9. Section 51 amended26\nDelete section 51(5).27\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nPart 2 Associations Incorporation Act 2015 amended\ns. 10\npage 6\n10. Section 52A inserted1\nAt the end of Part 4 Division 4 insert:2\n3\n52A. Holding meetings remotely in whole or part4\n(1) Unless the rules of an incorporated association state5\notherwise —6\n(a) a general meeting of the association or a7\nmanagement committee meeting may be held in8\nwhole or in part using a telephone or other9\nmeans of instantaneous communication; and10\n(b) a person who is entitled to be present and heard11\nat a general meeting of the association or a12\nmanagement committee meeting may13\nparticipate in the meeting in whole or in part14\nusing a telephone or other means of15\ninstantaneous communication.16\n(2) A person who participates in a general meeting or17\nmanagement committee meeting in reliance on18\nsubsection (1)(a) or (b) is taken to have attended and19\nbeen present at the meeting and, if the person votes at20\nthe meeting, the person is taken to have voted in21\nperson.22\n23\n11. Section 53 amended24\nAfter section 53(2) insert:25\n26\n(3) Subsection (2) does not prevent the incorporated27\nassociation from including other information in the28\nregister of members, in accordance with the rules of the29\nassociation.30\n31\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nAssociations Incorporation Act 2015 amended Part 2\ns. 12\npage 7\n12. Section 54 amended1\n(1) Delete section 54(1) and insert:2\n3\n(1) Subject to section 56A, an incorporated association4\nmust, at the request of a member, make the register of5\nmembers available for inspection by the member,6\nwithin —7\n(a) 30 days after the day of the request; or8\n(b) a shorter period stated in the rules of the9\nassociation for the purposes of this section.10\nPenalty for this subsection: a fine of $2 750.11\n12\n(2) In section 54(2) after “Subject to” insert:13\n14\nsection 56A and15\n16\n13. Section 56 amended17\n(1) In section 56(3) after “Subject to” insert:18\n19\nsection 56A and20\n21\n22\n(2) In section 56(3) in the Penalty delete “Penalty:” and insert:23\n24\nPenalty for this subsection:25\n26\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nPart 2 Associations Incorporation Act 2015 amended\ns. 14\npage 8\n14. Sections 56A and 56B inserted1\nAfter section 56 insert:2\n3\n56A. Restriction of access to personal information4\n(1) A member of an incorporated association may apply to5\nthe secretary of the association to restrict access to the6\npersonal information of the person recorded in the7\nregister of members.8\n(2) A request under subsection (1) may seek to restrict9\naccess so that the personal information is available10\nonly to the Commissioner and the secretary.11\n(3) If the secretary is satisfied that prescribed12\ncircumstances exist for doing so, the secretary must13\nagree to the request.14\n(4) If the secretary agrees to the request, access to the15\npersonal information is restricted in accordance with16\nthe request.17\n(5) If the secretary refuses the request, the secretary must18\nnotify the member who made the request of the19\ndecision as soon as practicable and in any case within20\n30 days from the date of the decision.21\n(6) The notice must —22\n(a) be in writing; and23\n(b) include the reasons for the decision.24\n56B. Secretary must pass on information if contact25\ndetails restricted26\n(1) This section applies if —27\n(a) a member of an incorporated association (the28\nfirst member) wishes to give information29\nrelating to the affairs of the association to30\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nAssociations Incorporation Act 2015 amended Part 2\ns. 15\npage 9\nanother member of the association (the second1\nmember); and2\n(b) access to the second member’s contact details3\non the register of members of the association4\nhas been restricted under section 56A.5\n(2) If the first member requests that the secretary of the6\nincorporated association give the information to the7\nsecond member, the secretary must do so as soon as8\npracticable and in any case within 14 days from the9\ndate of the request.10\n11\n15. Section 87 amended12\n(1) After section 87(2) insert:13\n14\n(2A) A reviewer or auditor may be appointed at a general15\nmeeting for a fixed term stated in the incorporated16\nassociation’s rules for the purposes of this section.17\n(2B) If a fixed term is stated in the incorporated18\nassociation’s rules, the term must be at least 2 years but19\nnot more than 5 years.20\n21\n(2) In section 87(3):22\n(a) in paragraph (e) delete “(5).” and insert:23\n24\n(5); or25\n26\n(b) after paragraph (e) insert:27\n28\n(f) completes a fixed term of appointment.29\n30\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nPart 2 Associations Incorporation Act 2015 amended\ns. 16\npage 10\n16. Part 9 heading replaced1\nDelete the heading to Part 9 and insert:2\n3\nPart 9 — Administration, winding up and4\nrestructuring5\n6\n17. Part 9 Division 1 heading replaced7\nDelete the heading to Part 9 Division 1 and insert:8\n9\nDivision 1 — Voluntary administration, winding up and10\nrestructuring11\n12\n18. Section 121 amended13\nAfter section 121(3) insert:14\n15\n(4) If money is paid to the Commissioner by a liquidator16\nunder the Corporations Act section 544, the17\nCommissioner has power to pay the debts and18\nliabilities of the incorporated association and wind up19\nits affairs.20\n(5) The Commissioner may for the purposes of21\nsubsection (4) or any incidental purpose —22\n(a) do all such other acts and things as are23\nreasonably necessary or expedient; and24\n(b) appoint a person to investigate the affairs of the25\nassociation and exercise any power on behalf of26\nthe Commissioner; and27\n(c) give such directions as the Commissioner28\nthinks fit; and29\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nAssociations Incorporation Act 2015 amended Part 2\ns. 19\npage 11\n(d) do or omit to do any act or thing, or take any1\nstep, that is prescribed.2\n(6) The reasonable costs, charges and expenses of the3\nCommissioner or a person appointed under4\nsubsection (5)(b) relating to the exercise and5\nperformance of the powers and functions conferred by6\nor under subsections (4) and (5) in respect of an7\nincorporated association are to be paid out of the8\nmoney paid to the Commissioner as described in9\nsubsection (4).10\n11\n19. Section 121A inserted12\nAfter section 121 insert:13\n14\n121A. Restructuring under Corporations Act15\n(1) This section makes provision for the restructuring16\nunder the Corporations Act of an incorporated17\nassociation.18\n(2) Subsection (3) is made for the purposes of the19\nCorporations (Ancillary Provisions) Act 2001 Part 3.20\n(3) The restructuring of an incorporated association is21\ndeclared to be an applied Corporations legislation22\nmatter in relation to the Corporations Act Part 5.3B23\nsubject to the following modifications —24\n(a) the modifications to the text of that Act set out25\nin Schedule 3;26\n(b) such other modifications (within the meaning27\nof the Corporations (Ancillary Provisions)28\nAct 2001 Part 3) as may be prescribed by the29\nregulations.30\n31\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nPart 2 Associations Incorporation Act 2015 amended\ns. 20\npage 12\n20. Section 122 amended1\nIn section 122 delete “120 or 121” and insert:2\n3\n120, 121 or 121A4\n5\n21. Section 127 amended6\n(1) In section 127(6)(a) delete “association;” and insert:7\n8\nassociation or restructuring practitioner for the association;9\n10\n(2) After section 127(6) insert:11\n12\n(7) In subsection (6) —13\nrestructuring practitioner has the meaning given in14\nparagraph (a) of the definition of restructuring15\npractitioner in the Corporations Act section 9.16\n17\n22. Section 136A inserted18\nAfter section 136 insert:19\n20\n136A. Commissioner may revoke approval of distribution21\nplan22\n(1) The Commissioner may revoke approval of a23\ndistribution plan for an incorporated association if the24\nCommissioner is of the opinion that the approval was25\nbased on incorrect information.26\n(2) The Commissioner may act under subsection (1) on the27\napplication of the incorporated association or on the28\nCommissioner’s own initiative.29\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nAssociations Incorporation Act 2015 amended Part 2\ns. 23\npage 13\n(3) An application must —1\n(a) be in writing; and2\n(b) state the reasons for the application.3\n(4) If the Commissioner acts under subsection (1), the4\nCommissioner is taken to have refused to approve the5\ndistribution plan under section 136.6\n7\n23. Section 138A inserted8\nAfter section 138 insert:9\n10\n138A. Amendment of approved distribution plan11\n(1) The Commissioner may approve an amendment to a12\ndistribution plan approved under this Division for an13\nincorporated association if satisfied that —14\n(a) it is not possible for the distribution plan to be15\ncomplied with; or16\n(b) there are problems with interpreting,17\nimplementing or completing the distribution18\nplan.19\n(2) The Commissioner may act under subsection (1) on the20\napplication of the incorporated association.21\n(3) An application must —22\n(a) be in writing; and23\n(b) state the reasons for the application.24\n25\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nPart 2 Associations Incorporation Act 2015 amended\ns. 24\npage 14\n24. Section 144 replaced1\nDelete section 144 and insert:2\n3\n144. Grounds on which Commissioner may act4\nSection 145 applies if the Commissioner has5\nreasonable cause to believe that —6\n(a) an incorporated association was not at the time7\nof incorporation eligible for incorporation8\nunder this Act; or9\n(b) an incorporated association has contravened or10\nis contravening section 17; or11\n(c) an incorporated association is not in operation;12\nor13\n(d) an incorporated association has resolved to14\nwind up but no person is prepared to act as15\nliquidator; or16\n(e) an incorporated association has failed to17\ncomply with a direction of the Commissioner18\nunder section 95; or19\n(f) an incorporated association has refused or20\nfailed to remedy a contravention of this Act21\nwithin 60 days after notice of the contravention22\nhas been given to the association by the23\nCommissioner; or24\n(g) it is in the public interest to cancel the25\nincorporation of an incorporated association.26\n27\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nAssociations Incorporation Act 2015 amended Part 2\ns. 25\npage 15\n25. Section 167 amended1\nDelete section 167(2)(a), (b) and (c) and insert:2\n3\n(a) that the document be appropriately amended4\nand provided again for lodgment; or5\n(b) that a fresh document be provided in its place6\nfor lodgment; or7\n(c) if the document has not been duly completed,8\nthat —9\n(i) the document be appropriately10\ncompleted and provided again for11\nlodgment; or12\n(ii) a supplementary document in a form13\napproved by the Commissioner be14\nprovided for lodgment.15\n16\n26. Section 169 amended17\nIn section 169(1) in the Table after item 4 insert:18\n19\n4A Refuse under section 20B(1) an\napplication to reserve a name\nThe incorporated\nassociation or\napplicant for\nincorporation that\nmade the\napplication\n20","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Associations and Co-operatives Legislation Amendment Bill 2025\nPart 2 Associations Incorporation Act 2015 amended\ns. 27\npage 16\n27. Section 182 amended1\n(1) In section 182(1):2\n(a) in paragraph (b) delete “dispute,” and insert:3\n4\ndispute; or5\n6\n(b) after paragraph (b) insert:7\n8\n(c) a former member expelled from the association9\ninvolved in the dispute,10\n11\n(2) After section 182(1) insert:12\n13\n(1A) An application by a former member must be made14\nwithin 6 months of the expulsion of the person from15\nthe incorporated association.16\n17\n(3) In section 182(3) —18\n(a) in paragraph (b) after “members” insert:19\n20\nor former members21\n22\n(b) in paragraph (c) delete “member or members” and23\ninsert:24\n25\nmember, members, former member or former members26\n27\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nAssociations Incorporation Act 2015 amended Part 2\ns. 28\npage 17\n28. Part 16A inserted1\nAfter section 211 insert:2\n3\nPart 16A — Transitional provision for4\nAssociations and Co-operatives Legislation5\nAmendment Act 20256\n211A. Application of s. 54 to existing requests7\n(1) In this section —8\ncommencement day means the day on which the9\nAssociations and Co-operatives Legislation10\nAmendment Act 2025 section 28 comes into operation;11\nformer section 54(1) means section 54(1) as in force12\nfrom time to time before commencement day;13\nnew section 54(1) means section 54(1) as in force on14\ncommencement day.15\n(2) This section applies if —16\n(a) a request was made by a member of an17\nincorporated association under former18\nsection 54(1); and19\n(b) on commencement day the association’s20\nregister of members has not yet been made21\navailable to the member for inspection.22\n(3) New section 54(1) applies to the request as if —23\n(a) the reference in paragraph (a) to 30 days after24\nthe day of request was a reference to 30 days25\nafter commencement day; and26\n(b) paragraph (b) was deleted.27\n28\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nPart 2 Associations Incorporation Act 2015 amended\ns. 29\npage 18\n29. Schedule 1 amended1\nAfter Schedule 1 Division 1 item 6 insert:2\n3\n6A. The member or members, by name or position, of the4\nmanagement committee of the incorporated association who5\nare responsible for complying with a provision of this Act or6\nthe regulations that requires information to be given to the7\nCommissioner about the association.8\n9\n30. Schedule 2 amended10\nIn Schedule 2 clause 4(b) delete “duplicate instruments of title and11\nother”.12\n31. Schedule 3 amended13\n(1) Delete the reference after the heading to Schedule 3 and insert:14\n15\n[s. 120, 121, 121A, 122 and 125]16\n17\n(2) In Schedule 3 item 7 delete “203,” and insert:18\n19\n203 of this Act,20\n21\n(3) At the end of Schedule 3 insert:22\n23\n15. A reference in section 544(1), (1A) and (2)(c) to Part 9.7 is24\nto be read as a reference to section 121(4) to (6) of this Act.25\n26\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nCo-operatives Act 2009 amended Part 3\ns. 32\npage 19\nPart 3 — Co-operatives Act 2009 amended1\n32. Act amended2\nThis Part amends the Co-operatives Act 2009.3\n33. Section 168 amended4\n(1) Delete section 168(3) and insert:5\n6\n(3) If the instrument of proxy states the way in which a7\nproxy is to vote on a particular resolution and the proxy8\nis the chairperson of the meeting, the proxy must vote9\non a poll and must vote the way stated.10\n(3A) If the instrument of proxy states the way in which a11\nproxy is to vote on a particular resolution and the proxy12\nis not the chairperson of the meeting, the proxy need13\nnot vote, but if the proxy does so, the proxy must vote14\nthe way stated.15\n16\n(2) Delete section 168(5).17\n34. Section 194 amended18\nIn section 194(2) delete “proxy” and insert:19\n20\nperson, whether or not a proxy,21\n22\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nPart 3 Co-operatives Act 2009 amended\ns. 35\npage 20\n35. Section 194A inserted1\nAfter section 194 insert:2\n3\n194A. Holding meetings remotely in whole or part4\n(1) Unless the rules of a co-operative state otherwise —5\n(a) a general meeting of the co-operative may be6\nheld in whole or in part using a telephone or7\nother means of instantaneous communication;8\nand9\n(b) a person who is entitled to be present and heard10\nat a general meeting of the co-operative may11\nparticipate in the meeting in whole or in part12\nusing a telephone or other means of13\ninstantaneous communication.14\n(2) A person who participates in a general meeting in15\nreliance on subsection (1)(a) or (b) is taken to have16\nattended and been present at the meeting and, if the17\nperson votes at the meeting, the person is taken to have18\nvoted in person.19\n20\n36. Section 250 amended21\nDelete section 250(3A)(a) and (b) and insert:22\n23\n(a) section 674(2);24\n(b) section 675(2);25\n26\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nCo-operatives Act 2009 amended Part 3\ns. 37\npage 21\n37. Section 484A inserted1\nAfter section 484 insert:2\n3\n484A. Technology neutral signing4\n(1) This section applies to a document, including a deed,5\nrequired or permitted to be signed by a person under6\nthis Act.7\n(2) If the method of signing satisfies subsection (3), a8\nperson may sign the document —9\n(a) by signing a physical form of the document by10\nhand; or11\n(b) by signing an electronic form of the document12\nusing electronic means.13\n(3) A method of signing satisfies this subsection if —14\n(a) the method identifies the person and indicates15\nthe person’s intention in respect of the16\ninformation recorded in the document; and17\n(b) the method was either —18\n(i) as reliable as appropriate for the purpose19\nfor which the information was recorded,20\nin light of all the circumstances,21\nincluding any relevant agreement; or22\n(ii) proven in fact to have fulfilled the23\nfunctions described in paragraph (a), by24\nitself or together with further evidence.25\n(4) In subsection (3) —26\nproven includes established in any way (for example,27\nthrough the operation of a presumption for which a28\nwritten law provides);29\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nPart 3 Co-operatives Act 2009 amended\ns. 37\npage 22\nrelevant agreement means an agreement, arrangement1\nor understanding —2\n(a) whether formal or informal or partly formal and3\npartly informal; and4\n(b) whether written or oral or partly written and5\npartly oral; and6\n(c) whether or not having legal or equitable force7\nand whether or not based on legal or equitable8\nrights.9\n(5) For the purposes of subsection (3)(a), the person is not10\nrequired to indicate an intention in relation to —11\n(a) any material identifying another person signing12\nthe document or indicating another person’s13\nintention in respect of the information recorded;14\nor15\n(b) the signature of another person signing the16\ndocument; or17\n(c) if a common seal is fixed to the document —18\nthe seal; or19\n(d) any immaterial information in a form of the20\ndocument generated for the purposes of signing21\nand which arises in the normal course of22\ncommunication, storage or display.23\n(6) This section does not require —24\n(a) a person to sign the same form of the document25\nas another person; or26\n(b) a person to sign the same page of the document27\nas another person; or28\n(c) a person to use the same method to sign the29\ndocument as another person; or30\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nCo-operatives Act 2009 amended Part 3\ns. 38\npage 23\n(d) all the information recorded in the document to1\nbe included in the form of the document signed2\nby a person as referred to in subsection (2)(a) or3\n(b).4\n(7) For the purposes of this section, a person who is to sign5\na document in more than 1 capacity —6\n(a) is treated as a different person in each such7\ncapacity they sign the document; and8\n(b) may sign the document in some or all of those9\ncapacities by signing the document once, if the10\ndocument —11\n(i) requires or permits the person to do so;12\nand13\n(ii) states the capacities in which the person14\nis signing the document.15\n(8) This section does not limit the ways in which a person16\nmay sign a document.17\n(9) This section does not limit the Electronic Transactions18\nAct 2011.19\n20\n38. Various references to “chairman” amended21\nIn the provisions listed in the Table delete “chairman” and22\ninsert:23\n24\nchairperson25\n26\nTable27\ns. 15(2)(a) s. 18(1)(d)(i), (ii), (iii) and (iv)\ns. 167(4) s. 179(1)\n\nAssociations and Co-operatives Legislation Amendment Bill 2025\nPart 3 Co-operatives Act 2009 amended\ns. 38\npage 24\ns. 194(4)(b) and (5) s. 196(2A)(a) and (b)\ns. 197C(1) s. 197D(1) and (3)\ns. 201(7) s. 202(4)\ns. 444(3) s. 466(1)","sortOrder":1}],"analysis":{"summary":{"status_summary":"The Associations and Co-operatives Legislation Amendment Bill 2025 received Royal Assent on an unspecified date, with most provisions commencing the day after assent, except for several sections (including remote meetings and privacy restrictions for associations) which will commence on a day fixed by proclamation.","complexity_score":5,"likely_questions":["What are the prescribed circumstances under which a secretary must agree to restrict access to personal information in the register of members?","When will the sections that commence by proclamation come into effect, and why is there a delay for some provisions?","What fees apply to reserving a name, and what are the criteria for refusing a name reservation?","How will the restructuring provisions under the Corporations Act apply to incorporated associations in practice, and what additional regulations are expected?"],"complexity_factors":["Multiple concurrent amendments to two separate Acts","Some provisions commence on a day to be fixed by proclamation, adding implementation uncertainty","Introduction of new administrative processes (name reservation, privacy restrictions) with prescribed circumstances not defined in the Bill","Incorporation of external law (Corporations Act Part 5.3B restructuring) with modifications via regulations","Technology-neutral signing provisions contain detailed conditions and exceptions"],"plain_english_summary":"This Bill makes mostly administrative and procedural changes to WA’s Associations Incorporation Act and Co‑operatives Act: it adds a name reservation system, expressly permits remote meetings, allows technology‑neutral electronic signing, clarifies proxy voting and gender‑neutral titles, and tightens privacy controls for member contact details. It also expands the Commissioner’s powers over winding up and restructuring and applies a Corporations Act restructuring regime to associations. Staggered commencement and transitional rules manage implementation; overall effects are compliance and administrative burdens rather than broad market changes."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Bill goes beyond routine technical updates and procedural modernisation. It expands the statutory toolkit for winding up and restructuring by expressly making Corporations Act restructuring provisions available to incorporated associations (new s. 121A and Schedule 3) and by authorising the Commissioner to accept and spend funds paid under Corporations Act s.544 to wind up an association (s. 121(4)–(6)). Those changes import corporate‑style insolvency and restructuring mechanisms into the associations/co‑operatives regime and materially broaden the regulator’s operational powers. The Bill also introduces new privacy controls, remote‑meeting defaults and technology‑neutral signing rules — changes that modernise but also alter the balance between member privacy, administrative burden, and member communication. Together, these additions widen the Acts’ procedural and substantive reach compared with a narrow original intent of maintenance and clarification."},"complexity_factors":["Multiple new standalone sections inserted across both Acts (e.g. ss. 20A–20C, 52A, 56A–56B, 121A, 136A, 138A, 194A, 484A).","Cross‑application of Corporations Act Part 5.3B to incorporated associations (new s. 121A) with textual modifications via Schedule 3.","Regulatory modifications explicitly left to future regulations (s. 121A(3)(b)), adding conditional complexity.","New administrative discretions and funding routes for the Commissioner (s. 121(4)–(6)) with attendant prescribed‑circumstance tests.","New privacy regime interacts with existing register inspection rules and penalties (ss. 54, 56A–56B).","Transitional provision that modifies effect of newly tightened time limits on pre‑existing requests (s. 211A).","Technology‑neutral signing introduces evidentiary and reliability tests (s. 484A(3)), which are conceptually open‑ended.","Amendments spread across both Acts and multiple Schedules, including replacement and insertion of several sections and table entries (wide drafting footprint).","Defined cross‑references introduced (e.g. definition of restructuring practitioner via reference to Corporations Act s.9), increasing dependency on external statute definitions.","Variable commencement dates for different provisions (s. 2), requiring staged implementation planning."],"plain_english_summary":"**What this Bill changes (mechanics first)\n\n- Name reservation: It lets an incorporated association or an applicant to incorporate reserve a proposed association name for up to 3 months (or until an incorporation/name-change application is decided) and sets application and refusal rules (ss. 20A–20C).\n\n- Rules and eligibility lists: Confirms an association’s rules can add extra requirements so long as they do not conflict with the Act (s. 23A). Expands the list of entities that do not need to be incorporated under the Act (s. 24).\n\n- Meetings and proxies:\n  - Implements explicit power to hold general and committee meetings wholly or partly by telephone or other instantaneous electronic communication (s. 52A for associations; s. 194A for co‑operatives).\n  - Clarifies how proxies must vote when a proxy form specifies voting directions (Co‑operatives Act amendments, s. 168).\n\n- Member registers and privacy:\n  - Tightens the time an association has to let a member inspect the register of members (normally 30 days) and creates a penalty for non‑compliance (s. 54).\n  - Gives members a specific right to ask the secretary to restrict access to their personal information on the register; the secretary must agree if prescribed circumstances exist and must notify refusals with reasons (ss. 56A–56B). If a member asks the secretary to pass information to another member whose contact details are restricted, the secretary must do so within 14 days (s. 56B).\n\n- Administration, winding up and restructuring:\n  - Allows the Commissioner to accept money paid under Corporations Act s.544 (money paid to a regulator by a liquidator) and use it to pay the association’s debts and wind up the association; the Commissioner may appoint investigators, give directions and incur reasonable costs payable from those funds (s. 121(4)–(6); Schedule 3 modification).\n  - Declares that restructuring of an incorporated association can be run under the Corporations Act Part 5.3B (restructuring regime), applying that Part with textual modifications and further regulation‑made modifications (new s. 121A and related amendments to ss. 122, 127 and Schedule 3).\n  - Gives the Commissioner express power to revoke approval of a distribution plan if approval was based on incorrect information (s. 136A) and to approve amendments to an approved distribution plan where compliance is impossible or unclear (s. 138A).\n  - Expands and restates the statutory grounds on which the Commissioner may act against an incorporated association (including public interest) (replacement s. 144).\n\n- Governance and other administrative changes:\n  - Allows appointment of a reviewer/auditor for a fixed term stated in the rules (minimum 2, maximum 5 years) (s. 87).\n  - Clarifies lodgment defect handling and adds the new name reservation refusal as an appealable decision (ss. 167, 169).\n  - Allows a former member expelled from an association to apply to resolve a dispute within 6 months of expulsion (s. 182).\n  - Transitional treatment for member requests made just before the amendments commence (s. 211A).\n\n- Co‑operatives Act updates:\n  - Introduces technology‑neutral signing rules (electronic or handwritten signatures acceptable where the method identifies the signer and indicates intention) and confirms it does not limit the Electronic Transactions Act (s. 484A).\n  - Replaces references to \"chairman\" with \"chairperson\" in multiple places (s. 38).\n\nWhat the Bill’s stated purposes are (claimed rationale)\n\n- Modernise governance and administration of incorporated associations and co‑operatives by: enabling remote participation in meetings, recognising electronic signatures, clarifying proxy voting and member register access; and\n- Provide clearer and expanded powers and pathways for winding up, restructuring and distribution of assets — notably by allowing Corporations Act restructuring processes to be used for incorporated associations and by enabling the Commissioner to receive and use funds paid into the regulator under certain Corporations Act liquidation provisions.\n\nTesting the claimed purposes against costs, incentives and implementation mechanics\n\n- Who pays / who benefits:\n  - Associations: will bear most of the immediate compliance and administrative costs (updating rules, handling name reservations, processing privacy restriction requests, responding to register inspection requests within 30 days) (ss. 20A–20C, 54, 56A–56B).\n  - Members: gain a privacy mechanism to restrict access to their contact details (s. 56A) and a clearer right to inspect the register, with an enforceable time limit and penalty for non‑compliance (s. 54). Formerly expelled members gain a 6‑month window to bring disputes (s. 182).\n  - Commissioner/regulator: gains new powers and discretion to accept and spend money paid under Corporations Act s.544, to appoint investigators, to revoke or amend distribution plans, and to use Corporations Act restructuring pathways (ss. 121–121A, 136A, 138A). That concentrates more operational responsibility (and potential costs) in the regulator but gives it funding and statutory authority to act.\n\n- Compliance burden and administrative risk:\n  - Secretaries must assess and decide privacy restriction applications and are required to communicate refusals with reasons within 30 days; they must also pass messages where requested (ss. 56A–56B). That creates recurring administrative work and potential liability exposures if officers fail to act properly.\n  - Associations that rely on paper procedures must adopt or permit electronic meeting and signing methods if they want to use them, and may need to update rules where they currently forbid remote participation (ss. 52A, 194A, 484A).\n\n- Bureaucratic discretion and implementation risk:\n  - The Commissioner’s expanded powers (accepting funds under s.544, appointing investigators, revoking/altering distribution plans) increase discretionary decision points; those decisions will rely on prescribed circumstances and possibly on regulations (ss. 121(5), 136A, 138A). Operational guidance and clear procedures will be important to limit uncertainty and appeal risk.\n  - Applying the Corporations Act restructuring regime to incorporated associations requires textual and regulatory modifications (s. 121A and Schedule 3). Cross‑legislative application adds legal complexity and raises transitional issues for associations used to the existing regime.\n\n- Effects on private choice, business and markets:\n  - Technology‑neutral signing and explicit remote‑meeting rules reduce transaction costs and friction for associations and co‑operatives, and make participation and documents easier to execute electronically (s. 484A; ss. 52A, 194A).\n  - Allowing restructuring under the Corporations Act may make it easier for incorporated associations to pursue formal corporate‑style restructures, mergers or compromises — potentially increasing options for organisations that operate at a larger scale, while smaller groups may never use the regime (s. 121A).\n\n- Trade‑offs and unintended consequences to watch for:\n  - Member privacy vs. member communication: permitting members to restrict their contact details protects privacy but makes it harder for other members to contact them directly; the secretary is required to forward messages on request, which shifts the communication burden to the association (ss. 56A–56B).\n  - Centralisation of winding‑up powers and funding: accepting s.544 payments and enabling the Commissioner to expend them concentrates decision‑making and may change incentives about who conducts liquidations and investigations (s. 121(4)–(6)).\n  - Cross‑legislative complexity: using the Corporations Act restructuring tools introduces a mix of corporate law concepts into the associations context; that increases legal complexity and potential costs for legal advice (s. 121A; Schedule 3).\n\nPractical immediate effects (who decides, who acts, what changes)\n\n- Associations must adopt new or updated procedural rules if they want to restrict remote meetings or change the time for register access (ss. 52A, 54).\n- Members can apply to hide personal contact details on the register; secretaries must process those requests and forward messages where requested (ss. 56A–56B).\n- The Commissioner can use funds paid under specified Corporations Act provisions to wind up an association and can invoke the Corporations Act restructuring machinery for an association where appropriate (ss. 121–121A).\n\nKey sections to review for a practitioner: 20A–20C (name reservation); 52A, 194A (remote meetings); 54, 56A–56B (register and privacy); 121–121A and Schedule 3 (winding up and restructuring under Corporations Act); 136A–138A (distribution plan powers); 484A (tech‑neutral signing)."}},"importantCases":[],"_links":{"self":"/api/acts/associations-and-co-operatives-legislation-amendment-bill-2025","history":"/api/acts/associations-and-co-operatives-legislation-amendment-bill-2025/history","analysis":"/api/acts/associations-and-co-operatives-legislation-amendment-bill-2025/analysis","conflicts":"/api/acts/associations-and-co-operatives-legislation-amendment-bill-2025/conflicts","importantCases":"/api/acts/associations-and-co-operatives-legislation-amendment-bill-2025/important-cases","documents":"/api/acts/associations-and-co-operatives-legislation-amendment-bill-2025/documents"}}