{"id":"qld:act-1981-074","name":"Associations Incorporation Act 1981","slug":"associations-incorporation-act-1981","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"74 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105019,"registerId":"qld-act-1981-074-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Associations Incorporation Act 1981 .","sortOrder":2},{"sectionNumber":"sec.1A","sectionType":"section","heading":"Main purposes","content":"### sec.1A Main purposes\n\nThe main purposes of this Act are to provide for—\na scheme for the incorporation of associations; and\nmatters including the corporate governance, financial accountability, and rules and membership, of incorporated associations.\ns 1A ins 2020 No. 17 s 7\n- (a) a scheme for the incorporation of associations; and\n- (b) matters including the corporate governance, financial accountability, and rules and membership, of incorporated associations.","sortOrder":3},{"sectionNumber":"sec.1B","sectionType":"section","heading":"Excluded matter for Corporations legislation","content":"### sec.1B Excluded matter for Corporations legislation\n\nAn incorporated association is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the Corporations legislation other than to the extent specified in subsection (2) .\nSubsection (1) does not apply so as to exclude an incorporated association that is a company under the Corporations Act from the provisions of Part 5A.1 of that Act, other than section 601AD(2) , (3) and (4) .\nSubsection (1) extends to a company within the meaning of the Corporations Act as soon as it becomes an incorporated association under this Act.\nSubsection (1) has effect only for so long as a body is an incorporated association under this Act.\ns 1B (prev s 1A) ins 2001 No. 45 s 29 sch 3\nrenum 2020 No. 17 s 6\n(sec.1B-ssec.1) An incorporated association is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the Corporations legislation other than to the extent specified in subsection (2) .\n(sec.1B-ssec.2) Subsection (1) does not apply so as to exclude an incorporated association that is a company under the Corporations Act from the provisions of Part 5A.1 of that Act, other than section 601AD(2) , (3) and (4) .\n(sec.1B-ssec.3) Subsection (1) extends to a company within the meaning of the Corporations Act as soon as it becomes an incorporated association under this Act.\n(sec.1B-ssec.4) Subsection (1) has effect only for so long as a body is an incorporated association under this Act.","sortOrder":4},{"sectionNumber":"sec.1C","sectionType":"section","heading":"Relationship with Fair Trading Inspectors Act 2014","content":"### sec.1C Relationship with Fair Trading Inspectors Act 2014\n\nThe Fair Trading Inspectors Act 2014 enacts common provisions for this Act and particular other Acts about fair trading.\nUnless this Act otherwise provides in relation to the Fair Trading Inspectors Act 2014 , the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act.\nIn this section—\ninspector means a person who holds office under the Fair Trading Inspectors Act 2014 as an inspector for this Act.\nSee also the modifying provisions for this Act stated in the Fair Trading Inspectors Act 2014 , section 4A .\ns 1C ins 2020 No. 17 s 8\n(sec.1C-ssec.1) The Fair Trading Inspectors Act 2014 enacts common provisions for this Act and particular other Acts about fair trading.\n(sec.1C-ssec.2) Unless this Act otherwise provides in relation to the Fair Trading Inspectors Act 2014 , the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act.\n(sec.1C-ssec.3) In this section— inspector means a person who holds office under the Fair Trading Inspectors Act 2014 as an inspector for this Act.","sortOrder":5},{"sectionNumber":"sec.1D","sectionType":"section","heading":"Act prevails if association’s rules are inconsistent with Act","content":"### sec.1D Act prevails if association’s rules are inconsistent with Act\n\nTo remove any doubt, it is declared that if a rule of an association is inconsistent with this Act, this Act prevails to the extent of the inconsistency.\ns 1D (prev s 1B) ins 2007 No. 16 s 4\nrenum 2020 No. 17 s 6","sortOrder":6},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":7},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 2 amd 1995 No. 7 s 4 ; 2007 No. 16 s 5 (1) ; 2020 No. 17 s 9\nNote—s 2 contained definitions for this Act. Definitions are now located in schedule (Dictionary). Annotations for definitions contained in s 2 are located in annotations for the schedule.","sortOrder":8},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":9},{"sectionNumber":"sec.3","sectionType":"section","heading":"Special resolutions","content":"### sec.3 Special resolutions\n\nWritten notice of a proposed special resolution, and of the time and place of the general meeting at which it is proposed to move the resolution, must be given, as required under the association’s rules, before the general meeting to each member of the association who has a right to vote on the resolution.\nThe notice must state the terms of the proposed special resolution.\nA special resolution about which notice has not been given under this section has no effect.\nA declaration by the person presiding at a general meeting that a resolution has been passed at the meeting by the votes of 3 / 4 of the members who are present and entitled to vote on the resolution is conclusive evidence of the fact, unless a poll is demanded at the meeting.\ns 3 prev s 3 amd 1989 No. 103 s 3 sch\nom 5 August 1991 RA s 36\npres s 3 ins 1995 No. 7 s 5\namd 2002 No. 13 s 4\n(sec.3-ssec.1) Written notice of a proposed special resolution, and of the time and place of the general meeting at which it is proposed to move the resolution, must be given, as required under the association’s rules, before the general meeting to each member of the association who has a right to vote on the resolution.\n(sec.3-ssec.2) The notice must state the terms of the proposed special resolution.\n(sec.3-ssec.3) A special resolution about which notice has not been given under this section has no effect.\n(sec.3-ssec.4) A declaration by the person presiding at a general meeting that a resolution has been passed at the meeting by the votes of 3 / 4 of the members who are present and entitled to vote on the resolution is conclusive evidence of the fact, unless a poll is demanded at the meeting.","sortOrder":10},{"sectionNumber":"sec.4","sectionType":"section","heading":"Whether association is formed or carried on for the purpose of financial gain for its members","content":"### sec.4 Whether association is formed or carried on for the purpose of financial gain for its members\n\nAn association is not formed or carried on for the purpose of financial gain for its members merely because 1 or more of the following circumstances apply to it—\nthe association makes a financial gain, but no part of the gain is divided among, or received by, any of the association’s members;\nthe association is established to protect or regulate a trade, business, industry or calling (the pursuit ) engaged in by its members, or in which they are interested, but the association does not itself engage or take part in the pursuit;\nthe association provides its members with facilities or services;\nthe association trades with its members, but the trade is ancillary to its principal purpose;\nthe association trades with the public, but the trade is ancillary to the association’s principal purpose and is not substantial when compared with its other activities;\nthe association makes a financial gain from—\ntrading to which paragraph (d) or (e) applies; or\ncharging admission fees to displays, exhibitions, contests, sporting fixtures or other occasions conducted to promote its objects; or\ncharging subscriptions to further its objects; or\nreceiving donations to further its objects;\nthe members of the association are entitled to divide the property of the association between them on its dissolution;\na member of the association—\nreceives a salary as an employee or officer of the association; or\nmakes a financial gain from the association to which a non-member, acting instead of the member, would equally be entitled; or\nreceives a trophy or prize (other than money) from the association because of a competition; or\nreceives temporary assistance because of illness, injury or bereavement or other financial hardship suffered by the member.\nIf a person receives a financial gain from an association because of the membership of the association of someone else (the member ), the financial gain is taken to have been received by the member.\nIn subsection (1) (b) —\nassociation includes a branch or part of the association.\ns 4 ins 1995 No. 7 s 5\namd 1996 No. 56 s 5\n(sec.4-ssec.1) An association is not formed or carried on for the purpose of financial gain for its members merely because 1 or more of the following circumstances apply to it— the association makes a financial gain, but no part of the gain is divided among, or received by, any of the association’s members; the association is established to protect or regulate a trade, business, industry or calling (the pursuit ) engaged in by its members, or in which they are interested, but the association does not itself engage or take part in the pursuit; the association provides its members with facilities or services; the association trades with its members, but the trade is ancillary to its principal purpose; the association trades with the public, but the trade is ancillary to the association’s principal purpose and is not substantial when compared with its other activities; the association makes a financial gain from— trading to which paragraph (d) or (e) applies; or charging admission fees to displays, exhibitions, contests, sporting fixtures or other occasions conducted to promote its objects; or charging subscriptions to further its objects; or receiving donations to further its objects; the members of the association are entitled to divide the property of the association between them on its dissolution; a member of the association— receives a salary as an employee or officer of the association; or makes a financial gain from the association to which a non-member, acting instead of the member, would equally be entitled; or receives a trophy or prize (other than money) from the association because of a competition; or receives temporary assistance because of illness, injury or bereavement or other financial hardship suffered by the member.\n(sec.4-ssec.2) If a person receives a financial gain from an association because of the membership of the association of someone else (the member ), the financial gain is taken to have been received by the member.\n(sec.4-ssec.3) In subsection (1) (b) — association includes a branch or part of the association.\n- (a) the association makes a financial gain, but no part of the gain is divided among, or received by, any of the association’s members;\n- (b) the association is established to protect or regulate a trade, business, industry or calling (the pursuit ) engaged in by its members, or in which they are interested, but the association does not itself engage or take part in the pursuit;\n- (c) the association provides its members with facilities or services;\n- (d) the association trades with its members, but the trade is ancillary to its principal purpose;\n- (e) the association trades with the public, but the trade is ancillary to the association’s principal purpose and is not substantial when compared with its other activities;\n- (f) the association makes a financial gain from— (i) trading to which paragraph (d) or (e) applies; or (ii) charging admission fees to displays, exhibitions, contests, sporting fixtures or other occasions conducted to promote its objects; or (iii) charging subscriptions to further its objects; or (iv) receiving donations to further its objects;\n- (i) trading to which paragraph (d) or (e) applies; or\n- (ii) charging admission fees to displays, exhibitions, contests, sporting fixtures or other occasions conducted to promote its objects; or\n- (iii) charging subscriptions to further its objects; or\n- (iv) receiving donations to further its objects;\n- (g) the members of the association are entitled to divide the property of the association between them on its dissolution;\n- (h) a member of the association— (i) receives a salary as an employee or officer of the association; or (ii) makes a financial gain from the association to which a non-member, acting instead of the member, would equally be entitled; or (iii) receives a trophy or prize (other than money) from the association because of a competition; or (iv) receives temporary assistance because of illness, injury or bereavement or other financial hardship suffered by the member.\n- (i) receives a salary as an employee or officer of the association; or\n- (ii) makes a financial gain from the association to which a non-member, acting instead of the member, would equally be entitled; or\n- (iii) receives a trophy or prize (other than money) from the association because of a competition; or\n- (iv) receives temporary assistance because of illness, injury or bereavement or other financial hardship suffered by the member.\n- (i) trading to which paragraph (d) or (e) applies; or\n- (ii) charging admission fees to displays, exhibitions, contests, sporting fixtures or other occasions conducted to promote its objects; or\n- (iii) charging subscriptions to further its objects; or\n- (iv) receiving donations to further its objects;\n- (i) receives a salary as an employee or officer of the association; or\n- (ii) makes a financial gain from the association to which a non-member, acting instead of the member, would equally be entitled; or\n- (iii) receives a trophy or prize (other than money) from the association because of a competition; or\n- (iv) receives temporary assistance because of illness, injury or bereavement or other financial hardship suffered by the member.","sortOrder":11},{"sectionNumber":"pt.2","sectionType":"part","heading":"Incorporation of association","content":"# Incorporation of association","sortOrder":12},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":13},{"sectionNumber":"sec.5","sectionType":"section","heading":"Eligibility for incorporation","content":"### sec.5 Eligibility for incorporation\n\nAn association is not eligible for incorporation under this Act if the association—\nhas less than 7 members; or\nis—\na corporation; or\na partnership under the Partnership Act 1891 ; or\nan organisation under the Industrial Relations Act 2016 ; or\na school council or parents and citizens association under the Education (General Provisions) Act 2006 ; or\nis formed or carried on for the purpose of providing financial gain for its members; or\nis provided for in a special Act that—\nincorporates—\nthe association’s governing body; or\nthe trustees holding property for the association; or\nprovides the association may sue or be sued, or hold property, in the name of the association or an officer of the association; or\nspecially regulates its affairs; or\nhas as its main purpose the holding of property—\nin which its members have a disposable interest; or\nthat the members have a right to divide between all or some of them; or\nfor use by some or all of its members or among persons claiming through, or nominated by, some or all of its members; or\nan association that, as its main purpose, receives and holds gifts within the meaning of the Local Government Electoral Act 2011 , section 107 for use by a member or person nominated by a member for a purpose relating to an election under that Act\nfor distribution of the property, or income from the property, among some or all of its members or among persons claiming through, or nominated by, some or all of its members; or\nhas an object of raising a fund by subscription of its members to make loans to them.\nHowever, subsection (1) (e) (iv) does not make an association ineligible for incorporation if the chief executive is satisfied the association has as its main purpose the holding of property for meeting the medical, hospital, nursing and rehabilitation costs (the medical costs ), and similar and related costs, of an individual who is suffering from a serious medical condition or injury.\ns 5 sub 1995 No. 7 s 6\namd 1996 No. 56 s 6 ; 1997 No. 83 s 4 ; 1999 No. 27 s 76 sch 1 pt 3 ; 1999 No. 33 s 747 sch 3 ; 2006 No. 39 s 512 (1) sch 1 ; 2016 No. 63 s 1157 sch 6 ; 2017 No. 12 s 4 ; 2022 No. 27 s 74\n(sec.5-ssec.1) An association is not eligible for incorporation under this Act if the association— has less than 7 members; or is— a corporation; or a partnership under the Partnership Act 1891 ; or an organisation under the Industrial Relations Act 2016 ; or a school council or parents and citizens association under the Education (General Provisions) Act 2006 ; or is formed or carried on for the purpose of providing financial gain for its members; or is provided for in a special Act that— incorporates— the association’s governing body; or the trustees holding property for the association; or provides the association may sue or be sued, or hold property, in the name of the association or an officer of the association; or specially regulates its affairs; or has as its main purpose the holding of property— in which its members have a disposable interest; or that the members have a right to divide between all or some of them; or for use by some or all of its members or among persons claiming through, or nominated by, some or all of its members; or an association that, as its main purpose, receives and holds gifts within the meaning of the Local Government Electoral Act 2011 , section 107 for use by a member or person nominated by a member for a purpose relating to an election under that Act for distribution of the property, or income from the property, among some or all of its members or among persons claiming through, or nominated by, some or all of its members; or has an object of raising a fund by subscription of its members to make loans to them.\n(sec.5-ssec.2) However, subsection (1) (e) (iv) does not make an association ineligible for incorporation if the chief executive is satisfied the association has as its main purpose the holding of property for meeting the medical, hospital, nursing and rehabilitation costs (the medical costs ), and similar and related costs, of an individual who is suffering from a serious medical condition or injury.\n- (a) has less than 7 members; or\n- (b) is— (i) a corporation; or (ii) a partnership under the Partnership Act 1891 ; or (iii) an organisation under the Industrial Relations Act 2016 ; or (iv) a school council or parents and citizens association under the Education (General Provisions) Act 2006 ; or\n- (i) a corporation; or\n- (ii) a partnership under the Partnership Act 1891 ; or\n- (iii) an organisation under the Industrial Relations Act 2016 ; or\n- (iv) a school council or parents and citizens association under the Education (General Provisions) Act 2006 ; or\n- (c) is formed or carried on for the purpose of providing financial gain for its members; or\n- (d) is provided for in a special Act that— (i) incorporates— (A) the association’s governing body; or (B) the trustees holding property for the association; or (ii) provides the association may sue or be sued, or hold property, in the name of the association or an officer of the association; or (iii) specially regulates its affairs; or\n- (i) incorporates— (A) the association’s governing body; or (B) the trustees holding property for the association; or\n- (A) the association’s governing body; or\n- (B) the trustees holding property for the association; or\n- (ii) provides the association may sue or be sued, or hold property, in the name of the association or an officer of the association; or\n- (iii) specially regulates its affairs; or\n- (e) has as its main purpose the holding of property— (i) in which its members have a disposable interest; or (ii) that the members have a right to divide between all or some of them; or (iii) for use by some or all of its members or among persons claiming through, or nominated by, some or all of its members; or Example for subparagraph (iii) — an association that, as its main purpose, receives and holds gifts within the meaning of the Local Government Electoral Act 2011 , section 107 for use by a member or person nominated by a member for a purpose relating to an election under that Act (iv) for distribution of the property, or income from the property, among some or all of its members or among persons claiming through, or nominated by, some or all of its members; or\n- (i) in which its members have a disposable interest; or\n- (ii) that the members have a right to divide between all or some of them; or\n- (iii) for use by some or all of its members or among persons claiming through, or nominated by, some or all of its members; or Example for subparagraph (iii) — an association that, as its main purpose, receives and holds gifts within the meaning of the Local Government Electoral Act 2011 , section 107 for use by a member or person nominated by a member for a purpose relating to an election under that Act\n- (iv) for distribution of the property, or income from the property, among some or all of its members or among persons claiming through, or nominated by, some or all of its members; or\n- (f) has an object of raising a fund by subscription of its members to make loans to them.\n- (i) a corporation; or\n- (ii) a partnership under the Partnership Act 1891 ; or\n- (iii) an organisation under the Industrial Relations Act 2016 ; or\n- (iv) a school council or parents and citizens association under the Education (General Provisions) Act 2006 ; or\n- (i) incorporates— (A) the association’s governing body; or (B) the trustees holding property for the association; or\n- (A) the association’s governing body; or\n- (B) the trustees holding property for the association; or\n- (ii) provides the association may sue or be sued, or hold property, in the name of the association or an officer of the association; or\n- (iii) specially regulates its affairs; or\n- (A) the association’s governing body; or\n- (B) the trustees holding property for the association; or\n- (i) in which its members have a disposable interest; or\n- (ii) that the members have a right to divide between all or some of them; or\n- (iii) for use by some or all of its members or among persons claiming through, or nominated by, some or all of its members; or Example for subparagraph (iii) — an association that, as its main purpose, receives and holds gifts within the meaning of the Local Government Electoral Act 2011 , section 107 for use by a member or person nominated by a member for a purpose relating to an election under that Act\n- (iv) for distribution of the property, or income from the property, among some or all of its members or among persons claiming through, or nominated by, some or all of its members; or","sortOrder":14},{"sectionNumber":"sec.6","sectionType":"section","heading":"Association may resolve to incorporate and adopt proposed rules","content":"### sec.6 Association may resolve to incorporate and adopt proposed rules\n\nAn association may, by resolution passed at a meeting of the association by the votes of at least 3/4 of the association’s members who are present and entitled to vote on the resolution (the incorporation resolutions )—\ndecide to incorporate under this Act; and\nadopt proposed rules for the incorporated association.\nThe proposed rules may be the model rules.\ns 6 prev s 6 amd 1990 No. 80 s 3 sch 6\nom 1995 No. 7 s 6\npres s 6 sub 1995 No. 7 s 6\namd 2007 No. 16 s 6 ; 2020 No. 17 s 10\n(sec.6-ssec.1) An association may, by resolution passed at a meeting of the association by the votes of at least 3/4 of the association’s members who are present and entitled to vote on the resolution (the incorporation resolutions )— decide to incorporate under this Act; and adopt proposed rules for the incorporated association.\n(sec.6-ssec.2) The proposed rules may be the model rules.\n- (a) decide to incorporate under this Act; and\n- (b) adopt proposed rules for the incorporated association.","sortOrder":15},{"sectionNumber":"sec.7","sectionType":"section","heading":"Appointment of person to apply for incorporation","content":"### sec.7 Appointment of person to apply for incorporation\n\nAfter passing the incorporation resolutions, the association must, by resolution of its members, appoint an individual (the appointed person ) to prepare and make an application for the association to be incorporated under this Act.\nThe appointed person may do anything necessary or desirable to obtain the incorporation of the association.\nSubsection (2) has effect despite anything in the association’s rules.\ns 7 amd 1990 No. 80 s 3 sch 6\nsub 1995 No. 7 s 6\n(sec.7-ssec.1) After passing the incorporation resolutions, the association must, by resolution of its members, appoint an individual (the appointed person ) to prepare and make an application for the association to be incorporated under this Act.\n(sec.7-ssec.2) The appointed person may do anything necessary or desirable to obtain the incorporation of the association.\n(sec.7-ssec.3) Subsection (2) has effect despite anything in the association’s rules.","sortOrder":16},{"sectionNumber":"sec.8","sectionType":"section","heading":"Interim officers","content":"### sec.8 Interim officers\n\nAfter passing the incorporation resolutions, the association must also elect interim officers for the incorporated association.\nThe interim officers must include a president and treasurer for the incorporated association.\nThe interim officers may include a secretary and other officers for the incorporated association.\nFor the qualifications required for the secretary of an incorporated association, see section 66 .\nThe interim officers are taken to hold the offices for which they are elected—\non the association becoming incorporated; and\nuntil office holders are elected or appointed to office by the incorporated association.\ns 8 sub 1995 No. 7 s 6\n(sec.8-ssec.1) After passing the incorporation resolutions, the association must also elect interim officers for the incorporated association.\n(sec.8-ssec.2) The interim officers must include a president and treasurer for the incorporated association.\n(sec.8-ssec.3) The interim officers may include a secretary and other officers for the incorporated association. For the qualifications required for the secretary of an incorporated association, see section 66 .\n(sec.8-ssec.4) The interim officers are taken to hold the offices for which they are elected— on the association becoming incorporated; and until office holders are elected or appointed to office by the incorporated association.\n- (a) on the association becoming incorporated; and\n- (b) until office holders are elected or appointed to office by the incorporated association.","sortOrder":17},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Incorporation","content":"## Incorporation","sortOrder":18},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application for incorporation","content":"### sec.9 Application for incorporation\n\nAn application for incorporation of an association may be made to the chief executive in the approved form.\nThe application must be accompanied by the information, documents and fees required under the regulations.\nThe application must—\nif the proposed rules adopted by the association under section 6 (1) (b) are the model rules—state that fact and include a copy of the objects proposed for the incorporated association; or\nif the proposed rules adopted by the association under section 6 (1) (b) are not the model rules—be accompanied by a copy of the proposed rules and a statutory declaration by the appointed person stating that the proposed rules comply with this Act.\nFurther, the application must be accompanied by a statutory declaration by the appointed person stating whether the association has an industrial purpose.\ns 9 amd 1990 No. 80 s 3 sch 6\nsub 1995 No. 7 s 6\namd 2020 No. 17 s 11 ; 2022 No. 27 s 75\n(sec.9-ssec.1) An application for incorporation of an association may be made to the chief executive in the approved form.\n(sec.9-ssec.2) The application must be accompanied by the information, documents and fees required under the regulations.\n(sec.9-ssec.3) The application must— if the proposed rules adopted by the association under section 6 (1) (b) are the model rules—state that fact and include a copy of the objects proposed for the incorporated association; or if the proposed rules adopted by the association under section 6 (1) (b) are not the model rules—be accompanied by a copy of the proposed rules and a statutory declaration by the appointed person stating that the proposed rules comply with this Act.\n(sec.9-ssec.4) Further, the application must be accompanied by a statutory declaration by the appointed person stating whether the association has an industrial purpose.\n- (a) if the proposed rules adopted by the association under section 6 (1) (b) are the model rules—state that fact and include a copy of the objects proposed for the incorporated association; or\n- (b) if the proposed rules adopted by the association under section 6 (1) (b) are not the model rules—be accompanied by a copy of the proposed rules and a statutory declaration by the appointed person stating that the proposed rules comply with this Act.","sortOrder":19},{"sectionNumber":"sec.10","sectionType":"section","heading":"Giving notice of application etc.","content":"### sec.10 Giving notice of application etc.\n\nOn receiving the association’s application for incorporation, the chief executive may require the association to—\ngive further relevant information or documents to the chief executive about the application; and\npublish a notice about the application (the application notice ).\nThe chief executive may require the association to include in the application notice a statement that a person may object to the association’s incorporation by giving the chief executive a written notice (an objection notice ) clearly stating the objector’s reasons for objecting within 14 days after the notice is published.\nThe chief executive may require the association to publish the application notice by public advertisement and other ways the chief executive considers appropriate.\nThe chief executive may also require the association to give notice of the application in other ways, and to other persons, the chief executive considers appropriate.\ns 10 amd 1990 No. 80 s 3 sch 6\nsub 1995 No. 7 s 6\n(sec.10-ssec.1) On receiving the association’s application for incorporation, the chief executive may require the association to— give further relevant information or documents to the chief executive about the application; and publish a notice about the application (the application notice ).\n(sec.10-ssec.2) The chief executive may require the association to include in the application notice a statement that a person may object to the association’s incorporation by giving the chief executive a written notice (an objection notice ) clearly stating the objector’s reasons for objecting within 14 days after the notice is published.\n(sec.10-ssec.3) The chief executive may require the association to publish the application notice by public advertisement and other ways the chief executive considers appropriate.\n(sec.10-ssec.4) The chief executive may also require the association to give notice of the application in other ways, and to other persons, the chief executive considers appropriate.\n- (a) give further relevant information or documents to the chief executive about the application; and\n- (b) publish a notice about the application (the application notice ).","sortOrder":20},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Chief executive must advise industrial registrar about particular applications","content":"### sec.10A Chief executive must advise industrial registrar about particular applications\n\nThis section applies in relation to an association’s application for incorporation if—\nthe application states that the association has an industrial purpose; or\nthe chief executive is otherwise satisfied the association has an industrial purpose.\nThe chief executive must—\ngive a copy of the application to the industrial registrar; and\ngive the applicant written notice stating—\na copy of the application has been given to the industrial registrar under this section; and\nthat the chief executive will be required to refuse the application if the industrial registrar gives a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application.\nThe chief executive must not decide the application under section 12 before the industrial registrar has given the chief executive a notice about the application under the Industrial Relations Act 2016 , section 578F , 578K or 578L .\ns 10A ins 2022 No. 27 s 76\n(sec.10A-ssec.1) This section applies in relation to an association’s application for incorporation if— the application states that the association has an industrial purpose; or the chief executive is otherwise satisfied the association has an industrial purpose.\n(sec.10A-ssec.2) The chief executive must— give a copy of the application to the industrial registrar; and give the applicant written notice stating— a copy of the application has been given to the industrial registrar under this section; and that the chief executive will be required to refuse the application if the industrial registrar gives a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application.\n(sec.10A-ssec.3) The chief executive must not decide the application under section 12 before the industrial registrar has given the chief executive a notice about the application under the Industrial Relations Act 2016 , section 578F , 578K or 578L .\n- (a) the application states that the association has an industrial purpose; or\n- (b) the chief executive is otherwise satisfied the association has an industrial purpose.\n- (a) give a copy of the application to the industrial registrar; and\n- (b) give the applicant written notice stating— (i) a copy of the application has been given to the industrial registrar under this section; and (ii) that the chief executive will be required to refuse the application if the industrial registrar gives a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application.\n- (i) a copy of the application has been given to the industrial registrar under this section; and\n- (ii) that the chief executive will be required to refuse the application if the industrial registrar gives a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application.\n- (i) a copy of the application has been given to the industrial registrar under this section; and\n- (ii) that the chief executive will be required to refuse the application if the industrial registrar gives a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application.","sortOrder":21},{"sectionNumber":"sec.11","sectionType":"section","heading":"Objections to applications for incorporation","content":"### sec.11 Objections to applications for incorporation\n\nA person (an objector ) may object to the association’s application for incorporation by giving the chief executive an objection notice within 14 days after the application notice is published.\ns 11 sub 1995 No. 7 s 6","sortOrder":22},{"sectionNumber":"sec.12","sectionType":"section","heading":"Chief executive to make decision about application","content":"### sec.12 Chief executive to make decision about application\n\nAfter considering the association’s application for incorporation and any objections properly made to the application, the chief executive must—\ngrant the application; or\nrefuse the application.\nWithout limiting the grounds on which the chief executive may refuse an application for incorporation, the chief executive may refuse the application if the chief executive is satisfied that the proposed rules of the association do not comply with this Act.\nHowever, the chief executive must refuse the application if the industrial registrar gives the chief executive a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application.\ns 12 sub 1995 No. 7 s 6 ; 2003 No. 19 s 3 sch\namd 2007 No. 16 s 7 ; 2022 No. 27 s 77\n(sec.12-ssec.1) After considering the association’s application for incorporation and any objections properly made to the application, the chief executive must— grant the application; or refuse the application.\n(sec.12-ssec.2) Without limiting the grounds on which the chief executive may refuse an application for incorporation, the chief executive may refuse the application if the chief executive is satisfied that the proposed rules of the association do not comply with this Act.\n(sec.12-ssec.3) However, the chief executive must refuse the application if the industrial registrar gives the chief executive a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application.\n- (a) grant the application; or\n- (b) refuse the application.","sortOrder":23},{"sectionNumber":"sec.13","sectionType":"section","heading":"Chief executive to advise association and objectors of decision","content":"### sec.13 Chief executive to advise association and objectors of decision\n\nWithin 14 days after granting or refusing the association’s application, the chief executive must give written notice of the decision to the association and each objector.\nIf the application is refused, the notice to the association must include the chief executive’s reasons for the decision.\nIf the application is granted, the notice to each objector must include the chief executive’s reasons for the decision.\ns 13 amd 1990 No. 80 s 3 sch 6\nsub 1995 No. 7 s 6\n(sec.13-ssec.1) Within 14 days after granting or refusing the association’s application, the chief executive must give written notice of the decision to the association and each objector.\n(sec.13-ssec.2) If the application is refused, the notice to the association must include the chief executive’s reasons for the decision.\n(sec.13-ssec.3) If the application is granted, the notice to each objector must include the chief executive’s reasons for the decision.","sortOrder":24},{"sectionNumber":"sec.14","sectionType":"section","heading":"Registration of association","content":"### sec.14 Registration of association\n\nIf the chief executive grants the association’s application for registration, the chief executive must register the association by entering particulars of the association in the register.\nOn registration—\nthe association is incorporated; and\nthe members of the association become members of the incorporated association; and\nthe name for the incorporated association becomes the registered name of the incorporated association.\ns 14 sub 1995 No. 7 s 6\n(sec.14-ssec.1) If the chief executive grants the association’s application for registration, the chief executive must register the association by entering particulars of the association in the register.\n(sec.14-ssec.2) On registration— the association is incorporated; and the members of the association become members of the incorporated association; and the name for the incorporated association becomes the registered name of the incorporated association.\n- (a) the association is incorporated; and\n- (b) the members of the association become members of the incorporated association; and\n- (c) the name for the incorporated association becomes the registered name of the incorporated association.","sortOrder":25},{"sectionNumber":"sec.15","sectionType":"section","heading":"Certificate of incorporation","content":"### sec.15 Certificate of incorporation\n\nOn registration of the association, the chief executive must issue a certificate of incorporation to the association.\nThe certificate is conclusive evidence that the requirements of this Act about the association’s registration and matters preceding or incidental to the registration have been complied with.\ns 15 amd 1990 No. 80 s 3 sch 6\nsub 1995 No. 7 s 6\namd 1996 No. 56 s 7\n(sec.15-ssec.1) On registration of the association, the chief executive must issue a certificate of incorporation to the association.\n(sec.15-ssec.2) The certificate is conclusive evidence that the requirements of this Act about the association’s registration and matters preceding or incidental to the registration have been complied with.","sortOrder":26},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":27},{"sectionNumber":"sec.16","sectionType":"section","heading":"Register of incorporated associations","content":"### sec.16 Register of incorporated associations\n\nThe chief executive must keep a register of incorporated associations.\nThe register must include the following particulars about each incorporated association—\nthe association’s name;\nthe association’s nominated address;\nthe day the association’s particulars are entered in the register;\nother particulars the chief executive considers appropriate.\nThe register must also include a copy of each document required to be lodged under section 59BA (1) with the chief executive.\ns 16 sub 1995 No. 7 s 6\namd 2007 No. 16 s 8 ; 2020 No. 17 s 12\n(sec.16-ssec.1) The chief executive must keep a register of incorporated associations.\n(sec.16-ssec.2) The register must include the following particulars about each incorporated association— the association’s name; the association’s nominated address; the day the association’s particulars are entered in the register; other particulars the chief executive considers appropriate.\n(sec.16-ssec.3) The register must also include a copy of each document required to be lodged under section 59BA (1) with the chief executive.\n- (a) the association’s name;\n- (b) the association’s nominated address;\n- (c) the day the association’s particulars are entered in the register;\n- (d) other particulars the chief executive considers appropriate.","sortOrder":28},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Use of information on register","content":"### sec.16A Use of information on register\n\nA person must not—\nuse information obtained from the register of an incorporated association to contact, or send material to, the association or a member of the association for the purpose of advertising for political, religious, charitable or commercial purposes; or\ndisclose information obtained from the register of an incorporated association to someone else, knowing that the information is likely to be used to contact, or send material to, the association or a member of the association for the purpose of advertising for political, religious, charitable or commercial purposes.\nputting a person’s name and address on a mailing list for advertising material\nMaximum penalty—10 penalty units.\nSubsection (1) does not apply if the use or disclosure of the information is approved by the incorporated association.\ns 16A ins 2007 No. 16 s 9\n(sec.16A-ssec.1) A person must not— use information obtained from the register of an incorporated association to contact, or send material to, the association or a member of the association for the purpose of advertising for political, religious, charitable or commercial purposes; or disclose information obtained from the register of an incorporated association to someone else, knowing that the information is likely to be used to contact, or send material to, the association or a member of the association for the purpose of advertising for political, religious, charitable or commercial purposes. putting a person’s name and address on a mailing list for advertising material Maximum penalty—10 penalty units.\n(sec.16A-ssec.2) Subsection (1) does not apply if the use or disclosure of the information is approved by the incorporated association.\n- (a) use information obtained from the register of an incorporated association to contact, or send material to, the association or a member of the association for the purpose of advertising for political, religious, charitable or commercial purposes; or\n- (b) disclose information obtained from the register of an incorporated association to someone else, knowing that the information is likely to be used to contact, or send material to, the association or a member of the association for the purpose of advertising for political, religious, charitable or commercial purposes.","sortOrder":29},{"sectionNumber":"sec.17","sectionType":"section","heading":"Nominated address for service","content":"### sec.17 Nominated address for service\n\nThe members of the management committee of an incorporated association—\nmust ensure that the association has an address nominated for the service of documents on the association (a nominated address ) complying with subsection (2) ; and\nmust give the chief executive written notice of the nominated address in the approved form.\nMaximum penalty for each member of the management committee—5 penalty units.\nThe nominated address must be a place in the State where a document can be served personally on a person.\nA post office box is not a place that can be shown as a nominated address.\nIt is a defence to a prosecution of a member of a management committee for an offence against subsection (1) for the member to prove he or she took all reasonable steps to ensure the association complied with subsection (1) .\nThe members of the management committee may change the incorporated association’s nominated address by giving the chief executive notice in the approved form.\ns 17 ins 1995 No. 7 s 6\namd 1996 No. 56 s 8 ; 2007 No. 16 s 10\n(sec.17-ssec.1) The members of the management committee of an incorporated association— must ensure that the association has an address nominated for the service of documents on the association (a nominated address ) complying with subsection (2) ; and must give the chief executive written notice of the nominated address in the approved form. Maximum penalty for each member of the management committee—5 penalty units.\n(sec.17-ssec.2) The nominated address must be a place in the State where a document can be served personally on a person. A post office box is not a place that can be shown as a nominated address.\n(sec.17-ssec.3) It is a defence to a prosecution of a member of a management committee for an offence against subsection (1) for the member to prove he or she took all reasonable steps to ensure the association complied with subsection (1) .\n(sec.17-ssec.4) The members of the management committee may change the incorporated association’s nominated address by giving the chief executive notice in the approved form.\n- (a) must ensure that the association has an address nominated for the service of documents on the association (a nominated address ) complying with subsection (2) ; and\n- (b) must give the chief executive written notice of the nominated address in the approved form.","sortOrder":30},{"sectionNumber":"sec.18","sectionType":"section","heading":"Inspecting register","content":"### sec.18 Inspecting register\n\nOn payment of the fee prescribed by regulation, a person may inspect the register or get a copy of details in the register—\nat the department’s Brisbane office when the office is open to the public; or\nby using a computer.\nA person may pay the fee, in advance or in arrears, under an arrangement approved by the chief executive.\nHowever, the chief executive may, on the application of an incorporated association or a member of an incorporated association, withhold information about the association or a member of the association from the register available for inspection by another person if the chief executive has reasonable grounds for believing the disclosure of the information would put the association or member at risk of harm.\naddress of a women’s refuge\naddress of a member of an incorporated association who is a party to a domestic violence order\nIn this section—\ncomputer means a mechanical, electronic or other device for the processing of data.\ns 18 ins 1995 No. 7 s 6\nsub 2000 No. 24 s 3\namd 2007 No. 16 s 11 ; 2020 No. 17 s 68 sch 1\n(sec.18-ssec.1) On payment of the fee prescribed by regulation, a person may inspect the register or get a copy of details in the register— at the department’s Brisbane office when the office is open to the public; or by using a computer.\n(sec.18-ssec.2) A person may pay the fee, in advance or in arrears, under an arrangement approved by the chief executive.\n(sec.18-ssec.3) However, the chief executive may, on the application of an incorporated association or a member of an incorporated association, withhold information about the association or a member of the association from the register available for inspection by another person if the chief executive has reasonable grounds for believing the disclosure of the information would put the association or member at risk of harm. address of a women’s refuge address of a member of an incorporated association who is a party to a domestic violence order\n(sec.18-ssec.4) In this section— computer means a mechanical, electronic or other device for the processing of data.\n- (a) at the department’s Brisbane office when the office is open to the public; or\n- (b) by using a computer.\n- • address of a women’s refuge\n- • address of a member of an incorporated association who is a party to a domestic violence order","sortOrder":31},{"sectionNumber":"sec.19","sectionType":"section","heading":null,"content":"### Section sec.19\n\ns 19 ins 1995 No. 7 s 6\nom 2003 No. 94 s 4","sortOrder":32},{"sectionNumber":"sec.20","sectionType":"section","heading":null,"content":"### Section sec.20\n\ns 20 ins 1995 No. 7 s 6\nom 2003 No. 94 s 4","sortOrder":33},{"sectionNumber":"pt.3","sectionType":"part","heading":"Effects of incorporation","content":"# Effects of incorporation","sortOrder":34},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":35},{"sectionNumber":"sec.21","sectionType":"section","heading":"Incorporated associations are bodies corporate","content":"### sec.21 Incorporated associations are bodies corporate\n\nAn incorporated association—\nis a body corporate with perpetual succession; and\nmay have a common seal; and\nmay sue or be sued in its corporate name.\ns 21 sub 1995 No. 7 s 6\namd 2020 No. 17 s 13\n- (a) is a body corporate with perpetual succession; and\n- (b) may have a common seal; and\n- (c) may sue or be sued in its corporate name.","sortOrder":36},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Transition from unincorporated to incorporated association","content":"## Transition from unincorporated to incorporated association","sortOrder":37},{"sectionNumber":"sec.22","sectionType":"section","heading":"Property for an association","content":"### sec.22 Property for an association\n\nOn incorporation of an association—\nproperty held for the association or its objects, whether on trust or otherwise, becomes property of the incorporated association; and\nthe provisions of a trust that applied to the property immediately before incorporation continue to apply.\nThe operation of subsection (1) (a) —\ndoes not affect a covenant, contract or liability that applied to the property before the association’s incorporation; and\nrelieves a person who held the property for the association or its objects, whether on trust or otherwise, from—\nliability or accountability for the property; or\nbeing bound to see to the application, distribution or appropriation of the property.\ns 22 ins 1995 No. 7 s 6\namd 1999 No. 63 s 4 ; 2001 No. 71 s 551 sch 1\n(sec.22-ssec.1) On incorporation of an association— property held for the association or its objects, whether on trust or otherwise, becomes property of the incorporated association; and the provisions of a trust that applied to the property immediately before incorporation continue to apply.\n(sec.22-ssec.2) The operation of subsection (1) (a) — does not affect a covenant, contract or liability that applied to the property before the association’s incorporation; and relieves a person who held the property for the association or its objects, whether on trust or otherwise, from— liability or accountability for the property; or being bound to see to the application, distribution or appropriation of the property.\n- (a) property held for the association or its objects, whether on trust or otherwise, becomes property of the incorporated association; and\n- (b) the provisions of a trust that applied to the property immediately before incorporation continue to apply.\n- (a) does not affect a covenant, contract or liability that applied to the property before the association’s incorporation; and\n- (b) relieves a person who held the property for the association or its objects, whether on trust or otherwise, from— (i) liability or accountability for the property; or (ii) being bound to see to the application, distribution or appropriation of the property.\n- (i) liability or accountability for the property; or\n- (ii) being bound to see to the application, distribution or appropriation of the property.\n- (i) liability or accountability for the property; or\n- (ii) being bound to see to the application, distribution or appropriation of the property.","sortOrder":38},{"sectionNumber":"sec.23","sectionType":"section","heading":"Transfer of other assets, rights and liabilities","content":"### sec.23 Transfer of other assets, rights and liabilities\n\nOn incorporation of an association, the association’s assets, rights and liabilities become the incorporated association’s assets, rights and liabilities.\nA legal proceeding by or against the association that has not been finished before the incorporation of the association may be continued and finished by or against the incorporated association.\nHowever, an action about a deficit in the association’s funds before it incorporated may be started or continued against a trustee for, or committee member of, the association as if the association had not incorporated.\nThe rights and liabilities of the parties to an action mentioned in subsection (3) are the rights and liabilities the parties would have had if the incorporation did not happen.\ns 23 ins 1995 No. 7 s 6\n(sec.23-ssec.1) On incorporation of an association, the association’s assets, rights and liabilities become the incorporated association’s assets, rights and liabilities.\n(sec.23-ssec.2) A legal proceeding by or against the association that has not been finished before the incorporation of the association may be continued and finished by or against the incorporated association.\n(sec.23-ssec.3) However, an action about a deficit in the association’s funds before it incorporated may be started or continued against a trustee for, or committee member of, the association as if the association had not incorporated.\n(sec.23-ssec.4) The rights and liabilities of the parties to an action mentioned in subsection (3) are the rights and liabilities the parties would have had if the incorporation did not happen.","sortOrder":39},{"sectionNumber":"sec.24","sectionType":"section","heading":"Duty to notify registrar of titles of land or interest in land etc.","content":"### sec.24 Duty to notify registrar of titles of land or interest in land etc.\n\nThe secretary of an incorporated association must ask the registrar of titles, or anyone else who is required to keep a register about dealings in property, (the registering authority ) to record in the appropriate register land or an interest in land gained by the association because of its incorporation under this Act.\nThe secretary must make the request under subsection (1) within 30 days after the incorporated association gains the land or interest in land.\nMaximum penalty—10 penalty units.\nIf asked by the secretary of an incorporated association, the registering authority must make in the appropriate register all entries necessary to record the land or interest in land gained by the incorporated association because of its incorporation under this Act.\nThe request must be made in a way that satisfies the usual requirements of the registering authority.\nThe registering authority must comply with the request of the secretary under subsection (1) even if the request is made after the day mentioned in subsection (2) .\ns 24 ins 1995 No. 7 s 6\namd 2001 No. 71 s 551 sch 1\n(sec.24-ssec.1) The secretary of an incorporated association must ask the registrar of titles, or anyone else who is required to keep a register about dealings in property, (the registering authority ) to record in the appropriate register land or an interest in land gained by the association because of its incorporation under this Act.\n(sec.24-ssec.2) The secretary must make the request under subsection (1) within 30 days after the incorporated association gains the land or interest in land. Maximum penalty—10 penalty units.\n(sec.24-ssec.3) If asked by the secretary of an incorporated association, the registering authority must make in the appropriate register all entries necessary to record the land or interest in land gained by the incorporated association because of its incorporation under this Act.\n(sec.24-ssec.4) The request must be made in a way that satisfies the usual requirements of the registering authority.\n(sec.24-ssec.6) The registering authority must comply with the request of the secretary under subsection (1) even if the request is made after the day mentioned in subsection (2) .","sortOrder":40},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Powers of incorporated associations","content":"## Powers of incorporated associations","sortOrder":41},{"sectionNumber":"sec.25","sectionType":"section","heading":"General powers","content":"### sec.25 General powers\n\nAn incorporated association has, in the exercise of its affairs, all the powers of an individual.\nAn incorporated association may, for example—\nenter into contracts; and\nacquire, hold, deal with and dispose of property; and\nmake charges for services and facilities it supplies; and\ndo other things necessary or convenient to be done in carrying out its affairs.\nAn incorporated association may also issue secured and unsecured notes, debentures and debenture stock for the association.\ns 25 amd 1990 No. 80 s 3 sch 6\nsub 1995 No. 7 s 6\n(sec.25-ssec.1) An incorporated association has, in the exercise of its affairs, all the powers of an individual.\n(sec.25-ssec.2) An incorporated association may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and make charges for services and facilities it supplies; and do other things necessary or convenient to be done in carrying out its affairs.\n(sec.25-ssec.3) An incorporated association may also issue secured and unsecured notes, debentures and debenture stock for the association.\n- (a) enter into contracts; and\n- (b) acquire, hold, deal with and dispose of property; and\n- (c) make charges for services and facilities it supplies; and\n- (d) do other things necessary or convenient to be done in carrying out its affairs.","sortOrder":42},{"sectionNumber":"sec.26","sectionType":"section","heading":"Ultra vires transactions","content":"### sec.26 Ultra vires transactions\n\nNo act of an incorporated association (including the entering into of an agreement by the incorporated association) and no conveyance or transfer of property, whether real or personal, to or by an incorporated association shall be invalid by reason only of the fact that the incorporated association was without capacity or power (whether by provision of this Act or by its rules or otherwise) to do such act or to execute or take such conveyance or transfer.\nAny such lack of capacity or power may be asserted or relied upon only in—\nproceedings against the incorporated association by any member of the incorporated association to restrain the doing of any act or acts or the conveyance or transfer of any property to or by the incorporated association; or\nany proceedings by the incorporated association or by any member of the incorporated association against the present or former officers of the incorporated association.\nIf the unauthorised act, conveyance or transfer sought to be restrained in any proceedings under subsection (2) (a) is being or ought to be performed or made pursuant to any contract to which the incorporated association is a party, the court having jurisdiction in the matter may, if all the parties to the contract are parties to the proceedings and if the court deems it to be just and equitable, set aside and restrain the performance of the contract and may allow to the incorporated association or to other parties to the contract (as the case requires) compensation for the loss or damage sustained by either of them which may result from the action of the court in setting aside and restraining the performance of the contract, but anticipated profits to be derived from the performance of the contract shall not be awarded by the court as a loss or damage sustained.\ns 26 prev s 26 amd 1990 No. 80 s 3 sch 6\nom 1995 No. 7 s 6\npres s 26 (prev s 23) renum and reloc 1995 No. 7 s 3 sch\namd 2007 No. 36 s 2 sch\n(sec.26-ssec.1) No act of an incorporated association (including the entering into of an agreement by the incorporated association) and no conveyance or transfer of property, whether real or personal, to or by an incorporated association shall be invalid by reason only of the fact that the incorporated association was without capacity or power (whether by provision of this Act or by its rules or otherwise) to do such act or to execute or take such conveyance or transfer.\n(sec.26-ssec.2) Any such lack of capacity or power may be asserted or relied upon only in— proceedings against the incorporated association by any member of the incorporated association to restrain the doing of any act or acts or the conveyance or transfer of any property to or by the incorporated association; or any proceedings by the incorporated association or by any member of the incorporated association against the present or former officers of the incorporated association.\n(sec.26-ssec.3) If the unauthorised act, conveyance or transfer sought to be restrained in any proceedings under subsection (2) (a) is being or ought to be performed or made pursuant to any contract to which the incorporated association is a party, the court having jurisdiction in the matter may, if all the parties to the contract are parties to the proceedings and if the court deems it to be just and equitable, set aside and restrain the performance of the contract and may allow to the incorporated association or to other parties to the contract (as the case requires) compensation for the loss or damage sustained by either of them which may result from the action of the court in setting aside and restraining the performance of the contract, but anticipated profits to be derived from the performance of the contract shall not be awarded by the court as a loss or damage sustained.\n- (a) proceedings against the incorporated association by any member of the incorporated association to restrain the doing of any act or acts or the conveyance or transfer of any property to or by the incorporated association; or\n- (b) any proceedings by the incorporated association or by any member of the incorporated association against the present or former officers of the incorporated association.","sortOrder":43},{"sectionNumber":"sec.27","sectionType":"section","heading":"Liability of members","content":"### sec.27 Liability of members\n\nA secretary, member of a management committee or member of an incorporated association as such, is not personally liable, except as provided in the rules of the incorporated association, to contribute towards the payment of the debts and liabilities of the incorporated association or the costs, charges and expenses of a winding up of the incorporated association, beyond the property of the incorporated association in the person’s hands.\ns 27 (prev s 24) renum and reloc 1995 No. 7 s 3 sch\namd 2020 No. 17 s 68 sch 1","sortOrder":44},{"sectionNumber":"sec.28","sectionType":"section","heading":"Contracts and execution of documents","content":"### sec.28 Contracts and execution of documents\n\nContracts entered into by an incorporated association shall be made as follows—\na contract which, if made between private persons, would be required by law to be in writing signed by the parties to be charged therewith shall be made in writing signed by any person acting under the express or implied authority of the incorporated association;\na contract which, if made between private persons, would be valid in law although made by verbal agreement, and not reduced into writing, may be made by verbal agreement on behalf of the incorporated association by any person acting under authority of the incorporated association.\nAll contracts made according to the provisions contained in this section shall be effectual in law and shall bind the incorporated association and its successors and all other parties thereto, and may be varied or discharged in the manner in which it is authorised to be made.\nAn incorporated association may execute a document without using a common seal if the document is signed by a member of the management committee of the association and countersigned by—\nthe secretary of the association; or\nanother member of the management committee of the association; or\nanother person authorised by the management committee of the association.\nAn incorporated association with a common seal may execute a document if the seal is attached to the document and the document is signed by a member of the management committee of the association and countersigned by—\nthe secretary of the association; or\nanother member of the management committee of the association; or\nanother person authorised by the management committee of the association.\nSubsections (3) and (4) are subject to any greater restriction provided for in the rules of the incorporated association.\nA document or proceeding requiring authentication by the incorporated association may be signed by the secretary and need not be under its common seal.\ns 28 (prev s 25) renum and reloc 1995 No. 7 s 3 sch\namd 2020 No. 17 s 14\n(sec.28-ssec.1) Contracts entered into by an incorporated association shall be made as follows— a contract which, if made between private persons, would be required by law to be in writing signed by the parties to be charged therewith shall be made in writing signed by any person acting under the express or implied authority of the incorporated association; a contract which, if made between private persons, would be valid in law although made by verbal agreement, and not reduced into writing, may be made by verbal agreement on behalf of the incorporated association by any person acting under authority of the incorporated association.\n(sec.28-ssec.2) All contracts made according to the provisions contained in this section shall be effectual in law and shall bind the incorporated association and its successors and all other parties thereto, and may be varied or discharged in the manner in which it is authorised to be made.\n(sec.28-ssec.3) An incorporated association may execute a document without using a common seal if the document is signed by a member of the management committee of the association and countersigned by— the secretary of the association; or another member of the management committee of the association; or another person authorised by the management committee of the association.\n(sec.28-ssec.4) An incorporated association with a common seal may execute a document if the seal is attached to the document and the document is signed by a member of the management committee of the association and countersigned by— the secretary of the association; or another member of the management committee of the association; or another person authorised by the management committee of the association.\n(sec.28-ssec.5) Subsections (3) and (4) are subject to any greater restriction provided for in the rules of the incorporated association.\n(sec.28-ssec.6) A document or proceeding requiring authentication by the incorporated association may be signed by the secretary and need not be under its common seal.\n- (a) a contract which, if made between private persons, would be required by law to be in writing signed by the parties to be charged therewith shall be made in writing signed by any person acting under the express or implied authority of the incorporated association;\n- (b) a contract which, if made between private persons, would be valid in law although made by verbal agreement, and not reduced into writing, may be made by verbal agreement on behalf of the incorporated association by any person acting under authority of the incorporated association.\n- (a) the secretary of the association; or\n- (b) another member of the management committee of the association; or\n- (c) another person authorised by the management committee of the association.\n- (a) the secretary of the association; or\n- (b) another member of the management committee of the association; or\n- (c) another person authorised by the management committee of the association.","sortOrder":45},{"sectionNumber":"pt.4","sectionType":"part","heading":"Name of incorporated association","content":"# Name of incorporated association","sortOrder":46},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":47},{"sectionNumber":"sec.29","sectionType":"section","heading":"Incorporated association’s name to include ‘incorporated’ and be in English characters","content":"### sec.29 Incorporated association’s name to include ‘incorporated’ and be in English characters\n\nAn incorporated association must have the word ‘incorporated’ or ‘inc’ as part of and at the end of its name.\nThe association may use the words ‘incorporated’ or ‘inc’ interchangeably.\nThe association’s name must be in English characters.\ns 29 amd 1990 No. 80 s 3 sch 6\nsub 1995 No. 7 s 6\namd 2007 No. 16 s 12\n(sec.29-ssec.1) An incorporated association must have the word ‘incorporated’ or ‘inc’ as part of and at the end of its name.\n(sec.29-ssec.2) The association may use the words ‘incorporated’ or ‘inc’ interchangeably.\n(sec.29-ssec.3) The association’s name must be in English characters.","sortOrder":48},{"sectionNumber":"sec.30","sectionType":"section","heading":"Use of ‘incorporated’ as part of name etc.","content":"### sec.30 Use of ‘incorporated’ as part of name etc.\n\nA person or unincorporated association must not operate under, or use as its name or title, a name or title that includes the word ‘incorporated’, or an abbreviation of the word.\nA person who contravenes subsection (1) , and each person having the control of the management of an association that contravenes the subsection, commits an offence.\nMaximum penalty—10 penalty units.\nFor this section, a person has control of the management of an association if the person is in a position to influence the association’s conduct of the association in relation to the offence.\nHowever, it is a defence for the person to prove that the person took all reasonable steps to ensure that the association complied with subsection (1) .\ns 30 ins 1988 No. 19 s 9\nsub 1995 No. 7 s 6\n(sec.30-ssec.1) A person or unincorporated association must not operate under, or use as its name or title, a name or title that includes the word ‘incorporated’, or an abbreviation of the word.\n(sec.30-ssec.2) A person who contravenes subsection (1) , and each person having the control of the management of an association that contravenes the subsection, commits an offence. Maximum penalty—10 penalty units.\n(sec.30-ssec.3) For this section, a person has control of the management of an association if the person is in a position to influence the association’s conduct of the association in relation to the offence.\n(sec.30-ssec.4) However, it is a defence for the person to prove that the person took all reasonable steps to ensure that the association complied with subsection (1) .","sortOrder":49},{"sectionNumber":"sec.31","sectionType":"section","heading":"Registered name on common seal","content":"### sec.31 Registered name on common seal\n\nThis section applies if an incorporated association has a common seal.\nThe association’s registered name must appear on its seal in legible characters.\nIf the association’s registered name does not appear on its seal in legible characters, the use of the seal is not effective.\ns 31 ins 1995 No. 7 s 6\namd 2007 No. 16 s 3 sch ; 2020 No. 17 s 15\n(sec.31-ssec.1) This section applies if an incorporated association has a common seal.\n(sec.31-ssec.2) The association’s registered name must appear on its seal in legible characters.\n(sec.31-ssec.3) If the association’s registered name does not appear on its seal in legible characters, the use of the seal is not effective.","sortOrder":50},{"sectionNumber":"sec.32","sectionType":"section","heading":"Registered name of incorporated association to appear on documents","content":"### sec.32 Registered name of incorporated association to appear on documents\n\nAn incorporated association must ensure a document it endorses or issues (including advertising material) has the association’s registered name in legible English characters.\nMaximum penalty—5 penalty units.\ns 32 ins 1995 No. 7 s 6\namd 1996 No. 56 s 9 ; 2007 No. 16 s 13","sortOrder":51},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Exemption from use of ‘incorporated’","content":"## Exemption from use of ‘incorporated’","sortOrder":52},{"sectionNumber":"sec.33","sectionType":"section","heading":"Incorporated association may be exempted from using word ‘incorporated’","content":"### sec.33 Incorporated association may be exempted from using word ‘incorporated’\n\nAn association may, by resolution of its members, decide to apply to the chief executive for exemption from section 29 —\nat the time of incorporation of the association; or\nif it is an incorporated association—at another time.\nThe application must be in the approved form and be accompanied by the information, documents and fees required under the regulations.\nAfter considering the application, the chief executive may grant or refuse it.\nWithin 14 days after granting or refusing the association’s application, the chief executive must give written notice of the decision to the association.\nIf the application is granted, the chief executive must require the association to notify members of the public of the grant within 30 days after being informed by the chief executive of the grant.\nThe chief executive may require the association to give the notice by public advertisement and other ways the chief executive considers appropriate.\nIf the application is refused, the notice to the association must include the chief executive’s reasons for the decision.\ns 33 sub 1995 No. 7 s 6\n(sec.33-ssec.1) An association may, by resolution of its members, decide to apply to the chief executive for exemption from section 29 — at the time of incorporation of the association; or if it is an incorporated association—at another time.\n(sec.33-ssec.2) The application must be in the approved form and be accompanied by the information, documents and fees required under the regulations.\n(sec.33-ssec.3) After considering the application, the chief executive may grant or refuse it.\n(sec.33-ssec.4) Within 14 days after granting or refusing the association’s application, the chief executive must give written notice of the decision to the association.\n(sec.33-ssec.5) If the application is granted, the chief executive must require the association to notify members of the public of the grant within 30 days after being informed by the chief executive of the grant.\n(sec.33-ssec.6) The chief executive may require the association to give the notice by public advertisement and other ways the chief executive considers appropriate.\n(sec.33-ssec.7) If the application is refused, the notice to the association must include the chief executive’s reasons for the decision.\n- (a) at the time of incorporation of the association; or\n- (b) if it is an incorporated association—at another time.","sortOrder":53},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Change of name","content":"## Change of name","sortOrder":54},{"sectionNumber":"sec.34","sectionType":"section","heading":"Definitions for division","content":"### sec.34 Definitions for division\n\nIn this division—\nnew name of an incorporated association means a name registered for the association under this division instead of its old name.\nold name of an incorporated association means the name of the association immediately before its new name is registered under this division.\nproposed new name of an incorporated association means a name an incorporated association decides to apply to have registered instead of its old name.\ns 34 ins 1995 No. 7 s 6","sortOrder":55},{"sectionNumber":"sec.35","sectionType":"section","heading":"Incorporated association may apply to change its registered name","content":"### sec.35 Incorporated association may apply to change its registered name\n\nAn incorporated association may, by special resolution, decide to change its registered name.\nThe incorporated association may apply to the chief executive to have the change of name registered.\nThe application must be—\nmade within 3 months after the passing of the special resolution; and\nin the approved form; and\naccompanied by the information, documents and fees required under the regulations.\ns 35 ins 1995 No. 7 s 6\namd 1996 No. 56 s 10 ; 2003 No. 19 s 3 sch ; 2007 No. 16 s 3 sch\n(sec.35-ssec.1) An incorporated association may, by special resolution, decide to change its registered name.\n(sec.35-ssec.2) The incorporated association may apply to the chief executive to have the change of name registered.\n(sec.35-ssec.3) The application must be— made within 3 months after the passing of the special resolution; and in the approved form; and accompanied by the information, documents and fees required under the regulations.\n- (a) made within 3 months after the passing of the special resolution; and\n- (b) in the approved form; and\n- (c) accompanied by the information, documents and fees required under the regulations.","sortOrder":56},{"sectionNumber":"sec.36","sectionType":"section","heading":"Giving notice of application to change registered name","content":"### sec.36 Giving notice of application to change registered name\n\nOn receiving the incorporated association’s application to change its registered name, the chief executive may require the association to—\ngive further relevant information or documents to the chief executive about the application; or\npublish a notice about the application (the application notice ).\nThe chief executive may require the association to include in the application notice a statement that a person may object to the association’s change of registered name by giving the chief executive a written notice (an objection notice ) clearly stating the objector’s reasons for objecting within 14 days after the notice is published.\nThe chief executive may require the association to publish the application notice by public advertisement and other ways the chief executive considers appropriate.\nThe chief executive may also require the association to give notice of the application in other ways, and to other persons, the chief executive considers appropriate.\nThe chief executive may give notice of the application in the ways, and to the persons, the chief executive considers appropriate.\ns 36 ins 1995 No. 7 s 6\namd 2007 No. 16 s 3 sch\n(sec.36-ssec.1) On receiving the incorporated association’s application to change its registered name, the chief executive may require the association to— give further relevant information or documents to the chief executive about the application; or publish a notice about the application (the application notice ).\n(sec.36-ssec.2) The chief executive may require the association to include in the application notice a statement that a person may object to the association’s change of registered name by giving the chief executive a written notice (an objection notice ) clearly stating the objector’s reasons for objecting within 14 days after the notice is published.\n(sec.36-ssec.3) The chief executive may require the association to publish the application notice by public advertisement and other ways the chief executive considers appropriate.\n(sec.36-ssec.4) The chief executive may also require the association to give notice of the application in other ways, and to other persons, the chief executive considers appropriate.\n(sec.36-ssec.5) The chief executive may give notice of the application in the ways, and to the persons, the chief executive considers appropriate.\n- (a) give further relevant information or documents to the chief executive about the application; or\n- (b) publish a notice about the application (the application notice ).","sortOrder":57},{"sectionNumber":"sec.37","sectionType":"section","heading":"Objections to application for change of registered name","content":"### sec.37 Objections to application for change of registered name\n\nA person (an objector ) may object to the incorporated association’s application to change its registered name by giving the chief executive an objection notice within 14 days after the application notice is published.\ns 37 ins 1995 No. 7 s 6\namd 1999 No. 19 s 3 sch ; 2007 No. 16 s 3 sch","sortOrder":58},{"sectionNumber":"sec.38","sectionType":"section","heading":"Chief executive to advise association and objectors of decision","content":"### sec.38 Chief executive to advise association and objectors of decision\n\nAfter considering the incorporated association’s application to change its registered name and any objections properly made to the application, the chief executive must—\ngrant the application; or\nrefuse the application.\ns 38 ins 1995 No. 7 s 6\namd 2007 No. 16 s 3 sch\n- (a) grant the application; or\n- (b) refuse the application.","sortOrder":59},{"sectionNumber":"sec.39","sectionType":"section","heading":"Notice of decision","content":"### sec.39 Notice of decision\n\nWithin 14 days after granting or refusing the incorporated association’s application, the chief executive must give written notice of the decision to the association and each objector.\nIf the application is refused, the notice to the association must include the chief executive’s reasons for the decision.\nIf the application is granted, the notice to each objector must include the chief executive’s reasons for the decision.\ns 39 prev s 39 amd 1990 No. 80 s 3 sch 6\nom 1995 No. 7 s 3 sch\npres s 39 ins 1995 No. 7 s 6\n(sec.39-ssec.1) Within 14 days after granting or refusing the incorporated association’s application, the chief executive must give written notice of the decision to the association and each objector.\n(sec.39-ssec.2) If the application is refused, the notice to the association must include the chief executive’s reasons for the decision.\n(sec.39-ssec.3) If the application is granted, the notice to each objector must include the chief executive’s reasons for the decision.","sortOrder":60},{"sectionNumber":"sec.40","sectionType":"section","heading":"Registration of new name","content":"### sec.40 Registration of new name\n\nIf the chief executive grants the incorporated association’s application to change its name, the chief executive must register the new name for the incorporated association by entering the name in the register.\nThe change of name has effect only when it is registered by the chief executive.\ns 40 ins 1995 No. 7 s 6\n(sec.40-ssec.1) If the chief executive grants the incorporated association’s application to change its name, the chief executive must register the new name for the incorporated association by entering the name in the register.\n(sec.40-ssec.2) The change of name has effect only when it is registered by the chief executive.","sortOrder":61},{"sectionNumber":"sec.41","sectionType":"section","heading":"New certificate of incorporation","content":"### sec.41 New certificate of incorporation\n\nOn registration of the incorporated association’s new name, the chief executive must issue the association with a new certificate of incorporation.\nHowever, the chief executive may act under subsection (1) only if the association’s existing certificate of incorporation has been returned to the chief executive or the chief executive is satisfied that it has been lost or destroyed.\ns 41 ins 1995 No. 7 s 6\n(sec.41-ssec.1) On registration of the incorporated association’s new name, the chief executive must issue the association with a new certificate of incorporation.\n(sec.41-ssec.2) However, the chief executive may act under subsection (1) only if the association’s existing certificate of incorporation has been returned to the chief executive or the chief executive is satisfied that it has been lost or destroyed.","sortOrder":62},{"sectionNumber":"sec.42","sectionType":"section","heading":"Change of name does not affect legal personality","content":"### sec.42 Change of name does not affect legal personality\n\nA change of name of an incorporated association does not—\naffect its legal personality or identity; or\naffect a right or obligation of the association or anyone else; or\nmake legal proceedings by or against the association defective.\nWithout limiting subsection (1) , the change of name of the incorporated association does not affect a right, obligation or benefit the association would have had or enjoyed apart from the change of name.\nAlso, but without limiting subsection (1) , if a legal proceeding might have been continued or started by or against the incorporated association under its old name, it may be continued or started by or against it under its new name.\ns 42 ins 1995 No. 7 s 6\n(sec.42-ssec.1) A change of name of an incorporated association does not— affect its legal personality or identity; or affect a right or obligation of the association or anyone else; or make legal proceedings by or against the association defective.\n(sec.42-ssec.2) Without limiting subsection (1) , the change of name of the incorporated association does not affect a right, obligation or benefit the association would have had or enjoyed apart from the change of name.\n(sec.42-ssec.3) Also, but without limiting subsection (1) , if a legal proceeding might have been continued or started by or against the incorporated association under its old name, it may be continued or started by or against it under its new name.\n- (a) affect its legal personality or identity; or\n- (b) affect a right or obligation of the association or anyone else; or\n- (c) make legal proceedings by or against the association defective.","sortOrder":63},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Unsuitable names","content":"## Unsuitable names","sortOrder":64},{"sectionNumber":"sec.43","sectionType":"section","heading":"Association not to have unsuitable name","content":"### sec.43 Association not to have unsuitable name\n\nThe chief executive must not grant an association’s application—\nfor incorporation—if the association’s name contains anything a regulation declares is an unsuitable name; or\nto register a change of name—if the proposed new name contains anything a regulation declares is an unsuitable name.\ns 43 ins 1995 No. 7 s 6\nsub 1999 No. 63 s 5\n- (a) for incorporation—if the association’s name contains anything a regulation declares is an unsuitable name; or\n- (b) to register a change of name—if the proposed new name contains anything a regulation declares is an unsuitable name.","sortOrder":65},{"sectionNumber":"sec.44","sectionType":"section","heading":"Notice to associations having or proposing to have unsuitable name","content":"### sec.44 Notice to associations having or proposing to have unsuitable name\n\nThe chief executive must send a written notice to an association if the chief executive considers that—\nthe proposed name for the association on its incorporation is, or includes, an unsuitable name; or\nthe proposed new name for the incorporated association is, or includes, an unsuitable name.\nThe notice must—\ninform the association that the chief executive considers that the proposed name, or proposed new name, for the incorporated association is, or includes, an unsuitable name; and\ngive reasons why the name is unsuitable.\nIf the association is an incorporated association, the chief executive may send a written notice to the association—\nstating that the chief executive considers that the association’s name is an unsuitable name; and\nasking the association to apply for a new name for the association within 35 days of sending the notice.\nIf the incorporated association does not comply with the request under subsection (3) (b) within 40 days after it is given the notice, the chief executive may cancel the association’s incorporation.\ns 44 ins 1995 No. 7 s 6\namd 1999 No. 63 s 6\n(sec.44-ssec.1) The chief executive must send a written notice to an association if the chief executive considers that— the proposed name for the association on its incorporation is, or includes, an unsuitable name; or the proposed new name for the incorporated association is, or includes, an unsuitable name.\n(sec.44-ssec.2) The notice must— inform the association that the chief executive considers that the proposed name, or proposed new name, for the incorporated association is, or includes, an unsuitable name; and give reasons why the name is unsuitable.\n(sec.44-ssec.3) If the association is an incorporated association, the chief executive may send a written notice to the association— stating that the chief executive considers that the association’s name is an unsuitable name; and asking the association to apply for a new name for the association within 35 days of sending the notice.\n(sec.44-ssec.4) If the incorporated association does not comply with the request under subsection (3) (b) within 40 days after it is given the notice, the chief executive may cancel the association’s incorporation.\n- (a) the proposed name for the association on its incorporation is, or includes, an unsuitable name; or\n- (b) the proposed new name for the incorporated association is, or includes, an unsuitable name.\n- (a) inform the association that the chief executive considers that the proposed name, or proposed new name, for the incorporated association is, or includes, an unsuitable name; and\n- (b) give reasons why the name is unsuitable.\n- (a) stating that the chief executive considers that the association’s name is an unsuitable name; and\n- (b) asking the association to apply for a new name for the association within 35 days of sending the notice.","sortOrder":66},{"sectionNumber":"sec.45","sectionType":"section","heading":"Associations may be allowed to have unsuitable names","content":"### sec.45 Associations may be allowed to have unsuitable names\n\nAn association may make a written application to the chief executive to have a name for the association that is, or includes, an unsuitable name.\nThe application may be made when applying for incorporation of the association or at any other time.\nThe application must be in the approved form and be accompanied by the information, documents and fees required under the regulations.\nAfter considering the association’s application, the chief executive must grant or refuse the application.\nWithin 14 days after granting or refusing the association’s application, the chief executive must give written notice of the decision to the association.\nIf the application is refused, the notice to the association must include the chief executive’s reasons for the decision.\nThis section has effect despite section 43 .\ns 45 ins 1995 No. 7 s 6\namd 1996 No. 56 s 11 ; 1999 No. 63 s 7\n(sec.45-ssec.1) An association may make a written application to the chief executive to have a name for the association that is, or includes, an unsuitable name.\n(sec.45-ssec.2) The application may be made when applying for incorporation of the association or at any other time.\n(sec.45-ssec.3) The application must be in the approved form and be accompanied by the information, documents and fees required under the regulations.\n(sec.45-ssec.4) After considering the association’s application, the chief executive must grant or refuse the application.\n(sec.45-ssec.5) Within 14 days after granting or refusing the association’s application, the chief executive must give written notice of the decision to the association.\n(sec.45-ssec.6) If the application is refused, the notice to the association must include the chief executive’s reasons for the decision.\n(sec.45-ssec.7) This section has effect despite section 43 .","sortOrder":67},{"sectionNumber":"pt.5","sectionType":"part","heading":"Rules","content":"# Rules","sortOrder":68},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Rules of incorporated associations","content":"## Rules of incorporated associations","sortOrder":69},{"sectionNumber":"sec.46","sectionType":"section","heading":"Rules of incorporated association on registration","content":"### sec.46 Rules of incorporated association on registration\n\nIf the proposed rules adopted by an association under section 6 (1) (b) are the model rules (the adopted model rules ), on registration—\nthe rules of the incorporated association consist of—\nthe association’s registered name; and\nthe objects for the association stated in the application for incorporation of the association; and\nthe adopted model rules; and\nthe chief executive must make an entry in the register stating the adopted model rules are the rules of the association.\nIf the proposed rules adopted by an association under section 6 (1) (b) are not the model rules, on registration—\nthe rules of the incorporated association consist of—\nthe association’s registered name; and\nthe objects for the association stated in the application for incorporation of the association; and\nthe proposed rules; and\nthe chief executive must make an entry in the register stating the association’s proposed rules are the rules of the association.\nAn entry in the register stating an association’s proposed rules are the rules of the association does not validate, or cure any defect in, the rules.\ns 46 ins 1995 No. 7 s 6\namd 1996 No. 56 s 12 ; 2007 No. 16 s 3 sch\nsub 2020 No. 17 s 16\n(sec.46-ssec.1) If the proposed rules adopted by an association under section 6 (1) (b) are the model rules (the adopted model rules ), on registration— the rules of the incorporated association consist of— the association’s registered name; and the objects for the association stated in the application for incorporation of the association; and the adopted model rules; and the chief executive must make an entry in the register stating the adopted model rules are the rules of the association.\n(sec.46-ssec.2) If the proposed rules adopted by an association under section 6 (1) (b) are not the model rules, on registration— the rules of the incorporated association consist of— the association’s registered name; and the objects for the association stated in the application for incorporation of the association; and the proposed rules; and the chief executive must make an entry in the register stating the association’s proposed rules are the rules of the association.\n(sec.46-ssec.3) An entry in the register stating an association’s proposed rules are the rules of the association does not validate, or cure any defect in, the rules.\n- (a) the rules of the incorporated association consist of— (i) the association’s registered name; and (ii) the objects for the association stated in the application for incorporation of the association; and (iii) the adopted model rules; and\n- (i) the association’s registered name; and\n- (ii) the objects for the association stated in the application for incorporation of the association; and\n- (iii) the adopted model rules; and\n- (b) the chief executive must make an entry in the register stating the adopted model rules are the rules of the association.\n- (i) the association’s registered name; and\n- (ii) the objects for the association stated in the application for incorporation of the association; and\n- (iii) the adopted model rules; and\n- (a) the rules of the incorporated association consist of— (i) the association’s registered name; and (ii) the objects for the association stated in the application for incorporation of the association; and (iii) the proposed rules; and\n- (i) the association’s registered name; and\n- (ii) the objects for the association stated in the application for incorporation of the association; and\n- (iii) the proposed rules; and\n- (b) the chief executive must make an entry in the register stating the association’s proposed rules are the rules of the association.\n- (i) the association’s registered name; and\n- (ii) the objects for the association stated in the application for incorporation of the association; and\n- (iii) the proposed rules; and","sortOrder":70},{"sectionNumber":"sec.46A","sectionType":"section","heading":null,"content":"### Section sec.46A\n\ns 46A ins 1981 No. 111 s 23 sch\namd 1995 No. 7 s 3 sch\nexp 8 September 1995 (see s 46A(3))\n(1) AIA s 20A applies (see s 46A(2))","sortOrder":71},{"sectionNumber":"sec.47","sectionType":"section","heading":"Additional provisions in model rules","content":"### sec.47 Additional provisions in model rules\n\nIf the rules of an incorporated association do not provide for a matter, and a provision of the model rules in force after the registration of the association provides for the matter (the additional provision ), the rules of the incorporated association are taken to include the additional provision.\nSubsection (1) does not affect the ability of an incorporated association to amend its rules under this Act.\nSubsection (1) does not apply if the rules of an incorporated association provide that the subsection does not apply.\ns 47 ins 1995 No. 7 s 6\nsub 2020 No. 17 s 16\n(sec.47-ssec.1) If the rules of an incorporated association do not provide for a matter, and a provision of the model rules in force after the registration of the association provides for the matter (the additional provision ), the rules of the incorporated association are taken to include the additional provision.\n(sec.47-ssec.2) Subsection (1) does not affect the ability of an incorporated association to amend its rules under this Act.\n(sec.47-ssec.3) Subsection (1) does not apply if the rules of an incorporated association provide that the subsection does not apply.","sortOrder":72},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Grievance procedure","content":"### sec.47A Grievance procedure\n\nThe rules of an incorporated association may set out a grievance procedure for dealing with any dispute under the rules between—\na member and another member; or\na member and the management committee; or\na member and the association.\nThe grievance procedure must include mediation and may provide for a person to decide the outcome of the dispute.\nA member may appoint any person to act on behalf of the member in the grievance procedure.\nIn applying the grievance procedure, the association must ensure that—\neach party to the dispute has been given an opportunity to be heard on the matter the subject of the dispute; and\nthe mediator, and any person engaged under the rules to decide the outcome of the dispute, is unbiased.\nIf a member has initiated a grievance procedure in relation to a dispute between the member and the association, the association must not take disciplinary action against any of the following persons in relation to the matter the subject of the grievance procedure until the grievance procedure has been completed—\nthe member who initiated the grievance procedure (the complainant member );\na member of the association appointed by the complainant member under subsection (3) to act on behalf of the complainant member in the grievance procedure.\nIf the rules of an incorporated association do not set out a grievance procedure that is consistent with subsections (2) , (3) , (4) and (5) , the rules of the association are taken to include the provisions of the model rules providing for the grievance procedure.\nTo remove any doubt, it is declared that subsection (6) applies even if the rules of an incorporated association provide, as permitted under section 47 (3) , that section 47 (1) does not apply.\ns 47A ins 2020 No. 17 s 16\n(sec.47A-ssec.1) The rules of an incorporated association may set out a grievance procedure for dealing with any dispute under the rules between— a member and another member; or a member and the management committee; or a member and the association.\n(sec.47A-ssec.2) The grievance procedure must include mediation and may provide for a person to decide the outcome of the dispute.\n(sec.47A-ssec.3) A member may appoint any person to act on behalf of the member in the grievance procedure.\n(sec.47A-ssec.4) In applying the grievance procedure, the association must ensure that— each party to the dispute has been given an opportunity to be heard on the matter the subject of the dispute; and the mediator, and any person engaged under the rules to decide the outcome of the dispute, is unbiased.\n(sec.47A-ssec.5) If a member has initiated a grievance procedure in relation to a dispute between the member and the association, the association must not take disciplinary action against any of the following persons in relation to the matter the subject of the grievance procedure until the grievance procedure has been completed— the member who initiated the grievance procedure (the complainant member ); a member of the association appointed by the complainant member under subsection (3) to act on behalf of the complainant member in the grievance procedure.\n(sec.47A-ssec.6) If the rules of an incorporated association do not set out a grievance procedure that is consistent with subsections (2) , (3) , (4) and (5) , the rules of the association are taken to include the provisions of the model rules providing for the grievance procedure.\n(sec.47A-ssec.7) To remove any doubt, it is declared that subsection (6) applies even if the rules of an incorporated association provide, as permitted under section 47 (3) , that section 47 (1) does not apply.\n- (a) a member and another member; or\n- (b) a member and the management committee; or\n- (c) a member and the association.\n- (a) each party to the dispute has been given an opportunity to be heard on the matter the subject of the dispute; and\n- (b) the mediator, and any person engaged under the rules to decide the outcome of the dispute, is unbiased.\n- (a) the member who initiated the grievance procedure (the complainant member );\n- (b) a member of the association appointed by the complainant member under subsection (3) to act on behalf of the complainant member in the grievance procedure.","sortOrder":73},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Amending rules","content":"## Amending rules","sortOrder":74},{"sectionNumber":"sec.48","sectionType":"section","heading":"Application to register amendment of rules","content":"### sec.48 Application to register amendment of rules\n\nAn incorporated association may, by special resolution, decide to amend its rules.\nAn amendment under subsection (1) may include the replacement of the association’s rules with the model rules.\nAn incorporated association may apply to the chief executive to have the amendment registered.\nWithin 3 months after the special resolution mentioned in subsection (1) is passed, the association must give the application to the chief executive.\nMaximum penalty—1 penalty unit.\nThe application must be in the approved form and be accompanied by the information, documents and fees required under the regulations.\nThe application must also be accompanied by—\na copy of the amendment or the complete rules with the amendment clearly shown; and\na statutory declaration by the association’s secretary stating—\nthe amendment complies with this Act; and\nwhether the effect of the amendment is to give the incorporated association an industrial purpose.\nSubsection (6) does not apply to an amendment mentioned in subsection (2) .\nAfter considering the association’s application, the chief executive must grant or refuse the application.\nHowever, the chief executive must refuse the application if the industrial registrar gives the chief executive a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application.\nWithin 14 days after granting or refusing the association’s application, the chief executive must give written notice of the decision to the association.\nIf the application is refused, the notice to the association must include the chief executive’s reasons for the decision.\nThe amendment does not take effect if it is not registered by the chief executive under section 49 .\ns 48 ins 1995 No. 7 s 6\namd 1996 No. 56 s 13 ; 2000 No. 24 s 4 ; 2003 No. 19 s 3 sch ; 2020 No. 17 s 17 ; 2022 No. 27 s 78\n(sec.48-ssec.1) An incorporated association may, by special resolution, decide to amend its rules.\n(sec.48-ssec.2) An amendment under subsection (1) may include the replacement of the association’s rules with the model rules.\n(sec.48-ssec.3) An incorporated association may apply to the chief executive to have the amendment registered.\n(sec.48-ssec.4) Within 3 months after the special resolution mentioned in subsection (1) is passed, the association must give the application to the chief executive. Maximum penalty—1 penalty unit.\n(sec.48-ssec.5) The application must be in the approved form and be accompanied by the information, documents and fees required under the regulations.\n(sec.48-ssec.6) The application must also be accompanied by— a copy of the amendment or the complete rules with the amendment clearly shown; and a statutory declaration by the association’s secretary stating— the amendment complies with this Act; and whether the effect of the amendment is to give the incorporated association an industrial purpose.\n(sec.48-ssec.7) Subsection (6) does not apply to an amendment mentioned in subsection (2) .\n(sec.48-ssec.8) After considering the association’s application, the chief executive must grant or refuse the application.\n(sec.48-ssec.9) However, the chief executive must refuse the application if the industrial registrar gives the chief executive a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application.\n(sec.48-ssec.10) Within 14 days after granting or refusing the association’s application, the chief executive must give written notice of the decision to the association.\n(sec.48-ssec.11) If the application is refused, the notice to the association must include the chief executive’s reasons for the decision.\n(sec.48-ssec.12) The amendment does not take effect if it is not registered by the chief executive under section 49 .\n- (a) a copy of the amendment or the complete rules with the amendment clearly shown; and\n- (b) a statutory declaration by the association’s secretary stating— (i) the amendment complies with this Act; and (ii) whether the effect of the amendment is to give the incorporated association an industrial purpose.\n- (i) the amendment complies with this Act; and\n- (ii) whether the effect of the amendment is to give the incorporated association an industrial purpose.\n- (i) the amendment complies with this Act; and\n- (ii) whether the effect of the amendment is to give the incorporated association an industrial purpose.","sortOrder":75},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Chief executive must advise industrial registrar about particular applications","content":"### sec.48A Chief executive must advise industrial registrar about particular applications\n\nThis section applies if an incorporated association applies to the chief executive for registration of an amendment of its rules and either—\nthe application states that the amendment of the association’s rules gives the association an industrial purpose; or\nthe chief executive is otherwise satisfied the effect of the amendment of the association’s rules is to give the association an industrial purpose.\nThe chief executive must—\ngive a copy of the application to the industrial registrar; and\ngive the applicant written notice stating—\na copy of the application has been given to the industrial registrar under this section; and\nthat the chief executive will be required to refuse the application if the industrial registrar gives the chief executive a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application.\nThe chief executive must not decide the application under section 48 (8) before the industrial registrar gives the chief executive a notice about the application under the Industrial Relations Act 2016 , section 578F , 578K or 578L .\ns 48A ins 2022 No. 27 s 79\n(sec.48A-ssec.1) This section applies if an incorporated association applies to the chief executive for registration of an amendment of its rules and either— the application states that the amendment of the association’s rules gives the association an industrial purpose; or the chief executive is otherwise satisfied the effect of the amendment of the association’s rules is to give the association an industrial purpose.\n(sec.48A-ssec.2) The chief executive must— give a copy of the application to the industrial registrar; and give the applicant written notice stating— a copy of the application has been given to the industrial registrar under this section; and that the chief executive will be required to refuse the application if the industrial registrar gives the chief executive a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application.\n(sec.48A-ssec.3) The chief executive must not decide the application under section 48 (8) before the industrial registrar gives the chief executive a notice about the application under the Industrial Relations Act 2016 , section 578F , 578K or 578L .\n- (a) the application states that the amendment of the association’s rules gives the association an industrial purpose; or\n- (b) the chief executive is otherwise satisfied the effect of the amendment of the association’s rules is to give the association an industrial purpose.\n- (a) give a copy of the application to the industrial registrar; and\n- (b) give the applicant written notice stating— (i) a copy of the application has been given to the industrial registrar under this section; and (ii) that the chief executive will be required to refuse the application if the industrial registrar gives the chief executive a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application.\n- (i) a copy of the application has been given to the industrial registrar under this section; and\n- (ii) that the chief executive will be required to refuse the application if the industrial registrar gives the chief executive a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application.\n- (i) a copy of the application has been given to the industrial registrar under this section; and\n- (ii) that the chief executive will be required to refuse the application if the industrial registrar gives the chief executive a notice under the Industrial Relations Act 2016 , section 578K stating that the objection ground is established for the application.","sortOrder":76},{"sectionNumber":"sec.49","sectionType":"section","heading":"Registration of amendment","content":"### sec.49 Registration of amendment\n\nIf the chief executive grants the application for registration of the amendment of the incorporated association’s rules, the chief executive must register the amendment.\nOn registration of the amendment, the incorporated association’s rules are—\nfor an amendment to replace the association’s rules with the model rules—the model rules; or\notherwise—the association’s rules as amended.\ns 49 ins 1995 No. 7 s 6\namd 2020 No. 17 s 18\n(sec.49-ssec.1) If the chief executive grants the application for registration of the amendment of the incorporated association’s rules, the chief executive must register the amendment.\n(sec.49-ssec.2) On registration of the amendment, the incorporated association’s rules are— for an amendment to replace the association’s rules with the model rules—the model rules; or otherwise—the association’s rules as amended.\n- (a) for an amendment to replace the association’s rules with the model rules—the model rules; or\n- (b) otherwise—the association’s rules as amended.","sortOrder":77},{"sectionNumber":"sec.50","sectionType":"section","heading":"Effect of amended rules","content":"### sec.50 Effect of amended rules\n\nIn this section—\nnew rules of an incorporated association means the association’s rules on registration of an amendment of its rules.\nold rules of an incorporated association means the association’s rules immediately before registration of an amendment of its rules.\nregistration means registration under this division.\nThe new rules of an incorporated association do not affect a right, liability or obligation under the association’s old rules.\nHowever, rights, liabilities and obligations under the old rules are extinguished to the extent they—\nexisted between—\na member of the incorporated association and the incorporated association; or\nthe incorporated association’s members; and\nwere not the subject of litigation immediately before the registration of the new rules.\ns 50 prev s 50 amd 1990 No. 80 s 3 sch 6\nom 1995 No. 7 s 15\npres s 50 ins 1995 No. 7 s 6\n(sec.50-ssec.1) In this section— new rules of an incorporated association means the association’s rules on registration of an amendment of its rules. old rules of an incorporated association means the association’s rules immediately before registration of an amendment of its rules. registration means registration under this division.\n(sec.50-ssec.2) The new rules of an incorporated association do not affect a right, liability or obligation under the association’s old rules.\n(sec.50-ssec.3) However, rights, liabilities and obligations under the old rules are extinguished to the extent they— existed between— a member of the incorporated association and the incorporated association; or the incorporated association’s members; and were not the subject of litigation immediately before the registration of the new rules.\n- (a) existed between— (i) a member of the incorporated association and the incorporated association; or (ii) the incorporated association’s members; and\n- (i) a member of the incorporated association and the incorporated association; or\n- (ii) the incorporated association’s members; and\n- (b) were not the subject of litigation immediately before the registration of the new rules.\n- (i) a member of the incorporated association and the incorporated association; or\n- (ii) the incorporated association’s members; and","sortOrder":78},{"sectionNumber":"sec.50K","sectionType":"section","heading":null,"content":"### Section sec.50K\n\ns 50K ins 1995 No. 7 s 14\nom 1995 No. 57 s 4 sch 1","sortOrder":79},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 ins 1995 No. 7 s 6\nom 2020 No. 17 s 19","sortOrder":80},{"sectionNumber":"sec.52","sectionType":"section","heading":"Chief executive may ask for copy of complete rules","content":"### sec.52 Chief executive may ask for copy of complete rules\n\nThe chief executive may ask the secretary of an incorporated association to send the chief executive, within 21 days of the chief executive making the request—\na complete copy of the incorporated association’s rules; and\na statutory declaration by the secretary stating that the copy of the rules sent to the chief executive is a copy of the complete rules of the incorporated association.\nThe secretary must comply with the request.\nMaximum penalty for subsection (2) —2 penalty units.\ns 52 prev s 52 amd 1990 No. 80 s 3 sch 6\nom 1995 No. 7 s 15\npres s 52 ins 1995 No. 7 s 6\n(sec.52-ssec.1) The chief executive may ask the secretary of an incorporated association to send the chief executive, within 21 days of the chief executive making the request— a complete copy of the incorporated association’s rules; and a statutory declaration by the secretary stating that the copy of the rules sent to the chief executive is a copy of the complete rules of the incorporated association.\n(sec.52-ssec.2) The secretary must comply with the request. Maximum penalty for subsection (2) —2 penalty units.\n- (a) a complete copy of the incorporated association’s rules; and\n- (b) a statutory declaration by the secretary stating that the copy of the rules sent to the chief executive is a copy of the complete rules of the incorporated association.","sortOrder":81},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":82},{"sectionNumber":"sec.53","sectionType":"section","heading":"Secretary must make rules available to members if asked","content":"### sec.53 Secretary must make rules available to members if asked\n\nA member of an incorporated association may ask the association’s secretary for a copy of the association’s rules.\nThe secretary may require the member to pay an amount to the secretary to cover the reasonable costs of providing the copy to the member.\nThe secretary must give the member a complete copy of the association’s rules as soon as practicable after the member pays any reasonable costs required under subsection (2) .\nMaximum penalty for subsection (3) —1 penalty unit.\ns 53 amd 1990 No. 80 s 3 sch 6\nsub 1995 No. 7 s 6\n(sec.53-ssec.1) A member of an incorporated association may ask the association’s secretary for a copy of the association’s rules.\n(sec.53-ssec.2) The secretary may require the member to pay an amount to the secretary to cover the reasonable costs of providing the copy to the member.\n(sec.53-ssec.3) The secretary must give the member a complete copy of the association’s rules as soon as practicable after the member pays any reasonable costs required under subsection (2) . Maximum penalty for subsection (3) —1 penalty unit.","sortOrder":83},{"sectionNumber":"sec.54","sectionType":"section","heading":"Form in which rules must be kept","content":"### sec.54 Form in which rules must be kept\n\nThe secretary of an incorporated association must ensure that the association’s rules, as lodged with the chief executive, or a copy of the rules that is given to someone, are set out in printed legible form.\nMaximum penalty—5 penalty units.\nIf an incorporated association’s rules are not written in the English language, the secretary of the association must ensure that a translation of the rules into English, certified by a person to be a correct translation, accompanies any copy of the rules that is given to someone.\nMaximum penalty—5 penalty units.\nHowever, the secretary of an incorporated association does not commit an offence against subsection (2) if the person to whom the copy of the rules is given indicates he or she does not require a translation of the rules.\ns 54 prev s 54 amd 1990 No. 80 s 3 sch 6\nom 1995 No. 7 s 3 sch\npres s 54 ins 1995 No. 7 s 6\nsub 2007 No. 16 s 14\n(sec.54-ssec.1) The secretary of an incorporated association must ensure that the association’s rules, as lodged with the chief executive, or a copy of the rules that is given to someone, are set out in printed legible form. Maximum penalty—5 penalty units.\n(sec.54-ssec.2) If an incorporated association’s rules are not written in the English language, the secretary of the association must ensure that a translation of the rules into English, certified by a person to be a correct translation, accompanies any copy of the rules that is given to someone. Maximum penalty—5 penalty units.\n(sec.54-ssec.3) However, the secretary of an incorporated association does not commit an offence against subsection (2) if the person to whom the copy of the rules is given indicates he or she does not require a translation of the rules.","sortOrder":84},{"sectionNumber":"pt.6","sectionType":"part","heading":"General operation of incorporated association","content":"# General operation of incorporated association","sortOrder":85},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Meetings","content":"## Meetings","sortOrder":86},{"sectionNumber":"sec.55","sectionType":"section","heading":"Annual general meetings","content":"### sec.55 Annual general meetings\n\nAn incorporated association must hold an annual general meeting within 6 months after the end date of the association’s reportable financial year.\ns 55 amd 1990 No. 80 s 3 sch 6 ; 1991 No. 42 s 3 sch\nsub 1995 No. 7 s 6 ; 2007 No. 16 s 15","sortOrder":87},{"sectionNumber":"sec.56","sectionType":"section","heading":"Meetings using communication technology","content":"### sec.56 Meetings using communication technology\n\nAn incorporated association may hold meetings, or permit members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen.\nteleconferencing\nA member who participates in a meeting under subsection (1) is taken to be present at the meeting.\ns 56 sub 1995 No. 7 s 6\namd 1997 No. 82 s 5\nsub 2007 No. 16 s 15\namd 2020 No. 17 s 20\n(sec.56-ssec.1) An incorporated association may hold meetings, or permit members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen. teleconferencing\n(sec.56-ssec.2) A member who participates in a meeting under subsection (1) is taken to be present at the meeting.","sortOrder":88},{"sectionNumber":"sec.57","sectionType":"section","heading":"Management committee to ensure association complies with its rules for meetings","content":"### sec.57 Management committee to ensure association complies with its rules for meetings\n\nThe members of the management committee of an incorporated association must ensure that the association complies with its rules about the calling and holding of meetings.\nMaximum penalty for each member of the management committee—10 penalty units.\nIt is a defence to a prosecution of a member of the management committee for an offence against subsection (1) for the member to prove he or she took all reasonable steps to ensure the association complied with the subsection.\ns 57 ins 1995 No. 7 s 6\namd 2007 No. 16 s 16\n(sec.57-ssec.1) The members of the management committee of an incorporated association must ensure that the association complies with its rules about the calling and holding of meetings. Maximum penalty for each member of the management committee—10 penalty units.\n(sec.57-ssec.2) It is a defence to a prosecution of a member of the management committee for an offence against subsection (1) for the member to prove he or she took all reasonable steps to ensure the association complied with the subsection.","sortOrder":89},{"sectionNumber":"sec.57A","sectionType":"section","heading":"Minimum quorum for general meetings","content":"### sec.57A Minimum quorum for general meetings\n\nThe quorum for a general meeting of an incorporated association is at least the number of members elected or appointed to the association’s management committee at the close of the association’s last general meeting plus 1.\nHowever, if all members of the association are members of the association’s management committee, the quorum is the total number of members less 1.\nIf an incorporated association makes a decision at a meeting of the association for which there is no quorum, the decision has no effect.\ns 57A ins 2007 No. 16 s 17\n(sec.57A-ssec.1) The quorum for a general meeting of an incorporated association is at least the number of members elected or appointed to the association’s management committee at the close of the association’s last general meeting plus 1.\n(sec.57A-ssec.2) However, if all members of the association are members of the association’s management committee, the quorum is the total number of members less 1.\n(sec.57A-ssec.3) If an incorporated association makes a decision at a meeting of the association for which there is no quorum, the decision has no effect.","sortOrder":90},{"sectionNumber":"sec.57B","sectionType":"section","heading":"Inspection of minutes","content":"### sec.57B Inspection of minutes\n\nIf asked by a member of an incorporated association, the association’s secretary must, within 28 days after the request is made—\nmake the minute book for a particular general meeting available for inspection by the member at a mutually agreed time and place; and\ngive the member copies of the minutes of the meeting.\nThe incorporated association may require the member to pay the reasonable costs of providing copies of the minutes.\ns 57B ins 2007 No. 16 s 17\n(sec.57B-ssec.1) If asked by a member of an incorporated association, the association’s secretary must, within 28 days after the request is made— make the minute book for a particular general meeting available for inspection by the member at a mutually agreed time and place; and give the member copies of the minutes of the meeting.\n(sec.57B-ssec.2) The incorporated association may require the member to pay the reasonable costs of providing copies of the minutes.\n- (a) make the minute book for a particular general meeting available for inspection by the member at a mutually agreed time and place; and\n- (b) give the member copies of the minutes of the meeting.","sortOrder":91},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Financial reporting for incorporated associations","content":"## Financial reporting for incorporated associations","sortOrder":92},{"sectionNumber":"sec.58","sectionType":"section","heading":"Definitions for division","content":"### sec.58 Definitions for division\n\ns 58 hdg amd 2020 No. 17 s 21 (1)\nIn this division—\naccountant means a person holding the qualifications prescribed by regulation for this definition.\ns 58 def accountant amd 2013 No. 39 s 43 sch 1\nsub 2020 No. 17 s 21 (2) – (3)\nanother law means—\na law of the State, including, for example, the Collections Act 1966 or the Gaming Machine Act 1991 ; or\na law of the Commonwealth or another State.\ns 58 def another law ins 2020 No. 17 s 21 (3)\napproved person means a person approved for an incorporated association by the chief executive under section 59E .\nauditor means a person holding the qualifications prescribed by regulation for this definition.\ns 58 def auditor sub 2020 No. 17 s 21 (2) – (3)\naudit report , in relation to the audit of a financial statement for an incorporated association’s last reportable financial year, means a report about the audit prepared by the person carrying out the audit.\ns 58 def audit report ins 2020 No. 17 s 21 (3)\ncurrent assets , of an incorporated association, means the assets held by the association as at the end date of the association’s last financial year, other than real property or assets capable of depreciation, and includes amounts held in financial institutions, stocks and debentures.\nvehicles\noffice equipment\nend date , in relation to an incorporated association’s financial year, means the date stated in the association’s rules to be the end date or closing date of the association’s financial year.\nfinancial record includes—\nan invoice, receipt, order for the payment of money, bill of exchange, cheque, promissory note and voucher; and\na document of prime entry; and\na working paper or other document needed to explain—\nthe methods used to prepare an incorporated association’s financial statements; or\nadjustments made in preparing an incorporated association’s financial statements.\ns 58 def financial record ins 2020 No. 17 s 21 (3)\nfinancial statement , for a reportable financial year of an incorporated association, means a statement containing the following information—\nif the association uses accrual accounting—\nthe association’s income and expenditure during the year;\nthe association’s balance sheet at the end of the year;\nthe mortgages, charges and securities affecting the association’s property at the end of the year; or\nif the association uses cash accounting—\nthe association’s receipts and payments during the year;\nthe association’s assets and liabilities at the end of the year;\nthe mortgages, charges and securities affecting the association’s property at the end of the year.\ns 58 def financial statement ins 2020 No. 17 s 21 (3)\nlarge incorporated association means an incorporated association that has—\ncurrent assets of more than—\nthe amount prescribed by regulation for this subparagraph; or\nif no amount is prescribed under subparagraph (i) —$100,000; or\ntotal revenue of more than—\nthe amount prescribed by regulation for this subparagraph; or\nif no amount is prescribed under subparagraph (i) —$100,000.\ns 58 def large incorporated association ins 2020 No. 17 s 21 (3)\nlevel 1 incorporated association ...\ns 58 def level 1 incorporated association om 2020 No. 17 s 21 (2)\nlevel 2 incorporated association ...\ns 58 def level 2 incorporated association om 2020 No. 17 s 21 (2)\nlevel 3 incorporated association ...\ns 58 def level 3 incorporated association om 2020 No. 17 s 21 (2)\nmedium incorporated association means an incorporated association other than a small incorporated association or a large incorporated association.\ns 58 def medium incorporated association ins 2020 No. 17 s 21 (3)\nsmall incorporated association means an incorporated association that has—\ncurrent assets of less than—\nthe amount prescribed by regulation for this subparagraph; or\nif no amount is prescribed under subparagraph (i) —$20,000; and\ntotal revenue of less than—\nthe amount prescribed by regulation for this subparagraph; or\nif no amount is prescribed under subparagraph (i) —$20,000.\ns 58 def small incorporated association ins 2020 No. 17 s 21 (3)\ntotal revenue , of an incorporated association, means the association’s total income during the last financial year from all the association’s activities before any expenses, including the cost to the association of goods sold by the association, are deducted.\nverification statement see section 59AB (3) .\ns 58 def verification statement ins 2020 No. 17 s 21 (3)\ns 58 prev s 58 amd 1990 No. 80 s 3 sch 6\nom 1995 No. 7 s 3 sch\npres s 58 sub 1995 No. 7 s 6 ; 2007 No. 16 s 18\n- (a) a law of the State, including, for example, the Collections Act 1966 or the Gaming Machine Act 1991 ; or\n- (b) a law of the Commonwealth or another State.\n- • vehicles\n- • office equipment\n- (a) an invoice, receipt, order for the payment of money, bill of exchange, cheque, promissory note and voucher; and\n- (b) a document of prime entry; and\n- (c) a working paper or other document needed to explain— (i) the methods used to prepare an incorporated association’s financial statements; or (ii) adjustments made in preparing an incorporated association’s financial statements.\n- (i) the methods used to prepare an incorporated association’s financial statements; or\n- (ii) adjustments made in preparing an incorporated association’s financial statements.\n- (i) the methods used to prepare an incorporated association’s financial statements; or\n- (ii) adjustments made in preparing an incorporated association’s financial statements.\n- (a) if the association uses accrual accounting— (i) the association’s income and expenditure during the year; (ii) the association’s balance sheet at the end of the year; (iii) the mortgages, charges and securities affecting the association’s property at the end of the year; or\n- (i) the association’s income and expenditure during the year;\n- (ii) the association’s balance sheet at the end of the year;\n- (iii) the mortgages, charges and securities affecting the association’s property at the end of the year; or\n- (b) if the association uses cash accounting— (i) the association’s receipts and payments during the year; (ii) the association’s assets and liabilities at the end of the year; (iii) the mortgages, charges and securities affecting the association’s property at the end of the year.\n- (i) the association’s receipts and payments during the year;\n- (ii) the association’s assets and liabilities at the end of the year;\n- (iii) the mortgages, charges and securities affecting the association’s property at the end of the year.\n- (i) the association’s income and expenditure during the year;\n- (ii) the association’s balance sheet at the end of the year;\n- (iii) the mortgages, charges and securities affecting the association’s property at the end of the year; or\n- (i) the association’s receipts and payments during the year;\n- (ii) the association’s assets and liabilities at the end of the year;\n- (iii) the mortgages, charges and securities affecting the association’s property at the end of the year.\n- (a) current assets of more than— (i) the amount prescribed by regulation for this subparagraph; or (ii) if no amount is prescribed under subparagraph (i) —$100,000; or\n- (i) the amount prescribed by regulation for this subparagraph; or\n- (ii) if no amount is prescribed under subparagraph (i) —$100,000; or\n- (b) total revenue of more than— (i) the amount prescribed by regulation for this subparagraph; or (ii) if no amount is prescribed under subparagraph (i) —$100,000.\n- (i) the amount prescribed by regulation for this subparagraph; or\n- (ii) if no amount is prescribed under subparagraph (i) —$100,000.\n- (i) the amount prescribed by regulation for this subparagraph; or\n- (ii) if no amount is prescribed under subparagraph (i) —$100,000; or\n- (i) the amount prescribed by regulation for this subparagraph; or\n- (ii) if no amount is prescribed under subparagraph (i) —$100,000.\n- (a) current assets of less than— (i) the amount prescribed by regulation for this subparagraph; or (ii) if no amount is prescribed under subparagraph (i) —$20,000; and\n- (i) the amount prescribed by regulation for this subparagraph; or\n- (ii) if no amount is prescribed under subparagraph (i) —$20,000; and\n- (b) total revenue of less than— (i) the amount prescribed by regulation for this subparagraph; or (ii) if no amount is prescribed under subparagraph (i) —$20,000.\n- (i) the amount prescribed by regulation for this subparagraph; or\n- (ii) if no amount is prescribed under subparagraph (i) —$20,000.\n- (i) the amount prescribed by regulation for this subparagraph; or\n- (ii) if no amount is prescribed under subparagraph (i) —$20,000; and\n- (i) the amount prescribed by regulation for this subparagraph; or\n- (ii) if no amount is prescribed under subparagraph (i) —$20,000.","sortOrder":93},{"sectionNumber":"sec.58A","sectionType":"section","heading":"Meaning of reportable financial year","content":"### sec.58A Meaning of reportable financial year\n\nAn incorporated association’s reportable financial year is the same as the association’s financial year.\nHowever, subsection (1) is subject to subsections (3) to (6) .\nIf an association is incorporated within 3 months before the end date of the association’s financial year, the association’s first reportable financial year is the period starting on the day of incorporation and ending on the second end date after incorporation.\nThe end date of an association’s financial year is 30 June 2007. The association was incorporated on 1 April 2007. The period from 1 April 2007 until 30 June 2008 is a reportable financial year.\nIf an association is incorporated more than 3 months before the end date of the association’s financial year, the association’s first reportable financial year is the period starting on the day of incorporation and ending on the first end date after incorporation.\nThe end date of an association’s financial year is 30 June 2007. The association was incorporated on 1 March 2007. The period from 1 March 2007 until 30 June 2007 is a reportable financial year.\nIf an association changes its financial year and the end date of the changed financial year is 15 months or less after the end date of the association’s last financial year, the association has a reportable financial year for the period starting on the day after the end date of the association’s last financial year and ending on the end date of the association’s changed financial year.\nThe end date of an association’s financial year is 30 June 2007. At a general meeting, the association’s financial year is changed to have an end date of 31 July. The period from 1 July 2007 until 31 July 2008 is a reportable financial year.\nIf an association changes its financial year and the end date of the changed financial year is more than 15 months after the end date of the association’s last financial year, the association has a reportable financial year for the period starting on the day after the end date of the association’s last financial year and ending on the day that is 12 months before the end date of the association’s changed financial year.\nThe end date of an association’s financial year is 30 June 2007. At a general meeting, the association’s financial year is changed to have an end date of 31 October. The period from 1 July 2007 until 31 October 2007 is a reportable financial year in addition to the period from 1 November 2007 until 31 October 2008.\nAn incorporated association’s reportable financial year will never be less than 3 months or more than 15 months.\ns 58A ins 2007 No. 16 s 18\n(sec.58A-ssec.1) An incorporated association’s reportable financial year is the same as the association’s financial year.\n(sec.58A-ssec.2) However, subsection (1) is subject to subsections (3) to (6) .\n(sec.58A-ssec.3) If an association is incorporated within 3 months before the end date of the association’s financial year, the association’s first reportable financial year is the period starting on the day of incorporation and ending on the second end date after incorporation. The end date of an association’s financial year is 30 June 2007. The association was incorporated on 1 April 2007. The period from 1 April 2007 until 30 June 2008 is a reportable financial year.\n(sec.58A-ssec.4) If an association is incorporated more than 3 months before the end date of the association’s financial year, the association’s first reportable financial year is the period starting on the day of incorporation and ending on the first end date after incorporation. The end date of an association’s financial year is 30 June 2007. The association was incorporated on 1 March 2007. The period from 1 March 2007 until 30 June 2007 is a reportable financial year.\n(sec.58A-ssec.5) If an association changes its financial year and the end date of the changed financial year is 15 months or less after the end date of the association’s last financial year, the association has a reportable financial year for the period starting on the day after the end date of the association’s last financial year and ending on the end date of the association’s changed financial year. The end date of an association’s financial year is 30 June 2007. At a general meeting, the association’s financial year is changed to have an end date of 31 July. The period from 1 July 2007 until 31 July 2008 is a reportable financial year.\n(sec.58A-ssec.6) If an association changes its financial year and the end date of the changed financial year is more than 15 months after the end date of the association’s last financial year, the association has a reportable financial year for the period starting on the day after the end date of the association’s last financial year and ending on the day that is 12 months before the end date of the association’s changed financial year. The end date of an association’s financial year is 30 June 2007. At a general meeting, the association’s financial year is changed to have an end date of 31 October. The period from 1 July 2007 until 31 October 2007 is a reportable financial year in addition to the period from 1 November 2007 until 31 October 2008. An incorporated association’s reportable financial year will never be less than 3 months or more than 15 months.","sortOrder":94},{"sectionNumber":"sec.59","sectionType":"section","heading":"Keeping financial records","content":"### sec.59 Keeping financial records\n\nThe members of the management committee of an incorporated association must ensure the association keeps financial records that—\ncorrectly record and explain its transactions and financial position and performance; and\nenable a true and fair financial statement for each reportable financial year of the association to be prepared; and\nif the association is required under section 59AA to prepare an audit report—enable a true and fair audit report to be prepared; and\nif the association is required under section 59AB to prepare a verification statement—enable a true and fair verification statement to be prepared.\nMaximum penalty—\nfor each member of the management committee of a large incorporated association—20 penalty units; or\nfor each member of the management committee of a medium incorporated association or a small incorporated association—10 penalty units.\nA regulation may prescribe particular financial records to be kept by an incorporated association.\ns 59 prev s 59 om 1995 No. 7 s 6\npres s 59 (prev s 40) amd 1990 No. 80 s 3 sch 6 ; 1990 No. 85 s 5 sch 2\nrenum and reloc 1995 No. 7 s 3 sch\namd 1995 No. 7 s 3 sch ; 1997 No. 82 s 6 ; 1999 No. 63 s 8 ; 2000 No. 24 s 5 ; 2001 No. 45 s 29 sch 3 ; 2005 Act No. 14 s 2 sch ; 2006 No. 9 s 3\nsub 2007 No. 16 s 18 ; 2020 No. 17 s 22\n(sec.59-ssec.1) The members of the management committee of an incorporated association must ensure the association keeps financial records that— correctly record and explain its transactions and financial position and performance; and enable a true and fair financial statement for each reportable financial year of the association to be prepared; and if the association is required under section 59AA to prepare an audit report—enable a true and fair audit report to be prepared; and if the association is required under section 59AB to prepare a verification statement—enable a true and fair verification statement to be prepared. Maximum penalty— for each member of the management committee of a large incorporated association—20 penalty units; or for each member of the management committee of a medium incorporated association or a small incorporated association—10 penalty units.\n(sec.59-ssec.2) A regulation may prescribe particular financial records to be kept by an incorporated association.\n- (a) correctly record and explain its transactions and financial position and performance; and\n- (b) enable a true and fair financial statement for each reportable financial year of the association to be prepared; and\n- (c) if the association is required under section 59AA to prepare an audit report—enable a true and fair audit report to be prepared; and\n- (d) if the association is required under section 59AB to prepare a verification statement—enable a true and fair verification statement to be prepared.\n- (a) for each member of the management committee of a large incorporated association—20 penalty units; or\n- (b) for each member of the management committee of a medium incorporated association or a small incorporated association—10 penalty units.","sortOrder":95},{"sectionNumber":"sec.59A","sectionType":"section","heading":"Preparing annual financial statement","content":"### sec.59A Preparing annual financial statement\n\nThe members of the management committee of an incorporated association must ensure the association, within 6 months after the end date of each financial year for the association, prepares a financial statement for the association’s last reportable financial year.\nMaximum penalty—\nfor each member of the management committee of a large incorporated association—20 penalty units; or\nfor each member of the management committee of a medium incorporated association or a small incorporated association—10 penalty units.\nSubsection (1) does not apply to an exempt association.\nIn this section—\nexempt association means an incorporated association that is a member of an exempt class.\nexempt class means a class of incorporated association prescribed by regulation as an exempt class for this definition.\ns 59A ins 2007 No. 16 s 18\nsub 2020 No. 17 s 22\n(sec.59A-ssec.1) The members of the management committee of an incorporated association must ensure the association, within 6 months after the end date of each financial year for the association, prepares a financial statement for the association’s last reportable financial year. Maximum penalty— for each member of the management committee of a large incorporated association—20 penalty units; or for each member of the management committee of a medium incorporated association or a small incorporated association—10 penalty units.\n(sec.59A-ssec.2) Subsection (1) does not apply to an exempt association.\n(sec.59A-ssec.3) In this section— exempt association means an incorporated association that is a member of an exempt class. exempt class means a class of incorporated association prescribed by regulation as an exempt class for this definition.\n- (a) for each member of the management committee of a large incorporated association—20 penalty units; or\n- (b) for each member of the management committee of a medium incorporated association or a small incorporated association—10 penalty units.","sortOrder":96},{"sectionNumber":"sec.59AA","sectionType":"section","heading":"Preparing audit report","content":"### sec.59AA Preparing audit report\n\nThis section applies to—\na large incorporated association; or\na medium incorporated association if the association is required under another law to have its financial statements audited; or\na small incorporated association if the association is required under another law to have its financial statements audited.\nHowever, this section does not apply to an exempt association.\nThe members of the management committee of the incorporated association must ensure the association, within 6 months after the end date of each financial year for the association—\nhas the financial statement for the association’s last reportable financial year audited by—\nfor a large incorporated association—an auditor or accountant; or\nfor a medium incorporated association or small incorporated association—an auditor, accountant or approved person; and\nhas the person who audits the financial statement under paragraph (a) prepare and sign an audit report for the audit.\nMaximum penalty—\nfor each member of the management committee of a large incorporated association—20 penalty units; or\nfor each member of the management committee of a medium incorporated association or small incorporated association—10 penalty units.\nIn this section—\nexempt association means an incorporated association that is a member of an exempt class.\nexempt class means a class of incorporated association prescribed by regulation as an exempt class for this definition.\ns 59AA ins 2020 No. 17 s 22\n(sec.59AA-ssec.1) This section applies to— a large incorporated association; or a medium incorporated association if the association is required under another law to have its financial statements audited; or a small incorporated association if the association is required under another law to have its financial statements audited.\n(sec.59AA-ssec.2) However, this section does not apply to an exempt association.\n(sec.59AA-ssec.3) The members of the management committee of the incorporated association must ensure the association, within 6 months after the end date of each financial year for the association— has the financial statement for the association’s last reportable financial year audited by— for a large incorporated association—an auditor or accountant; or for a medium incorporated association or small incorporated association—an auditor, accountant or approved person; and has the person who audits the financial statement under paragraph (a) prepare and sign an audit report for the audit. Maximum penalty— for each member of the management committee of a large incorporated association—20 penalty units; or for each member of the management committee of a medium incorporated association or small incorporated association—10 penalty units.\n(sec.59AA-ssec.4) In this section— exempt association means an incorporated association that is a member of an exempt class. exempt class means a class of incorporated association prescribed by regulation as an exempt class for this definition.\n- (a) a large incorporated association; or\n- (b) a medium incorporated association if the association is required under another law to have its financial statements audited; or\n- (c) a small incorporated association if the association is required under another law to have its financial statements audited.\n- (a) has the financial statement for the association’s last reportable financial year audited by— (i) for a large incorporated association—an auditor or accountant; or (ii) for a medium incorporated association or small incorporated association—an auditor, accountant or approved person; and\n- (i) for a large incorporated association—an auditor or accountant; or\n- (ii) for a medium incorporated association or small incorporated association—an auditor, accountant or approved person; and\n- (b) has the person who audits the financial statement under paragraph (a) prepare and sign an audit report for the audit.\n- (i) for a large incorporated association—an auditor or accountant; or\n- (ii) for a medium incorporated association or small incorporated association—an auditor, accountant or approved person; and\n- (a) for each member of the management committee of a large incorporated association—20 penalty units; or\n- (b) for each member of the management committee of a medium incorporated association or small incorporated association—10 penalty units.","sortOrder":97},{"sectionNumber":"sec.59AB","sectionType":"section","heading":"Preparing verification statement","content":"### sec.59AB Preparing verification statement\n\nThis section applies to—\na medium incorporated association if the association is not required under another law to have its financial statements audited; or\na small incorporated association if the association is not required under another law to have its financial statements audited.\nHowever, this section does not apply to an exempt association.\nThe members of the management committee of the incorporated association must ensure the association, within 6 months after the end date of each financial year for the association, prepares a statement (a verification statement ) that—\nfor a medium incorporated association—\nstates that an auditor, accountant or approved person has examined the association’s financial records; and\nstates that the association’s financial records show the association has adequate bookkeeping processes in place to correctly record and explain transactions to enable a true and fair financial statement to be prepared; and\nis signed by the auditor, accountant or approved person mentioned in subparagraph (i) ; or\nfor a small incorporated association—\nstates that the association’s financial records show the association keeps adequate financial records to correctly record and explain transactions to enable a true and fair financial statement to be prepared; and\nis signed by the association’s president or treasurer.\nMaximum penalty for each member of the management committee—10 penalty units.\nIn this section—\nexempt association means an incorporated association that is a member of an exempt class.\nexempt class means a class of incorporated association prescribed by regulation as an exempt class for this definition.\ns 59AB ins 2020 No. 17 s 22\n(sec.59AB-ssec.1) This section applies to— a medium incorporated association if the association is not required under another law to have its financial statements audited; or a small incorporated association if the association is not required under another law to have its financial statements audited.\n(sec.59AB-ssec.2) However, this section does not apply to an exempt association.\n(sec.59AB-ssec.3) The members of the management committee of the incorporated association must ensure the association, within 6 months after the end date of each financial year for the association, prepares a statement (a verification statement ) that— for a medium incorporated association— states that an auditor, accountant or approved person has examined the association’s financial records; and states that the association’s financial records show the association has adequate bookkeeping processes in place to correctly record and explain transactions to enable a true and fair financial statement to be prepared; and is signed by the auditor, accountant or approved person mentioned in subparagraph (i) ; or for a small incorporated association— states that the association’s financial records show the association keeps adequate financial records to correctly record and explain transactions to enable a true and fair financial statement to be prepared; and is signed by the association’s president or treasurer. Maximum penalty for each member of the management committee—10 penalty units.\n(sec.59AB-ssec.4) In this section— exempt association means an incorporated association that is a member of an exempt class. exempt class means a class of incorporated association prescribed by regulation as an exempt class for this definition.\n- (a) a medium incorporated association if the association is not required under another law to have its financial statements audited; or\n- (b) a small incorporated association if the association is not required under another law to have its financial statements audited.\n- (a) for a medium incorporated association— (i) states that an auditor, accountant or approved person has examined the association’s financial records; and (ii) states that the association’s financial records show the association has adequate bookkeeping processes in place to correctly record and explain transactions to enable a true and fair financial statement to be prepared; and (iii) is signed by the auditor, accountant or approved person mentioned in subparagraph (i) ; or\n- (i) states that an auditor, accountant or approved person has examined the association’s financial records; and\n- (ii) states that the association’s financial records show the association has adequate bookkeeping processes in place to correctly record and explain transactions to enable a true and fair financial statement to be prepared; and\n- (iii) is signed by the auditor, accountant or approved person mentioned in subparagraph (i) ; or\n- (b) for a small incorporated association— (i) states that the association’s financial records show the association keeps adequate financial records to correctly record and explain transactions to enable a true and fair financial statement to be prepared; and (ii) is signed by the association’s president or treasurer.\n- (i) states that the association’s financial records show the association keeps adequate financial records to correctly record and explain transactions to enable a true and fair financial statement to be prepared; and\n- (ii) is signed by the association’s president or treasurer.\n- (i) states that an auditor, accountant or approved person has examined the association’s financial records; and\n- (ii) states that the association’s financial records show the association has adequate bookkeeping processes in place to correctly record and explain transactions to enable a true and fair financial statement to be prepared; and\n- (iii) is signed by the auditor, accountant or approved person mentioned in subparagraph (i) ; or\n- (i) states that the association’s financial records show the association keeps adequate financial records to correctly record and explain transactions to enable a true and fair financial statement to be prepared; and\n- (ii) is signed by the association’s president or treasurer.","sortOrder":98},{"sectionNumber":"sec.59AC","sectionType":"section","heading":"Particular persons may not prepare audit report or verification statement","content":"### sec.59AC Particular persons may not prepare audit report or verification statement\n\nA person must not audit a financial statement for an incorporated association under section 59AA , or prepare a verification statement for an incorporated association under section 59AB (3) (a) , if the person is—\nthe secretary, or a member of the management committee, of the association; or\nan employee of the association; or\na partner, employer or employee of the secretary, or a partner, employer or employee of a member of the management committee, of the association; or\na spouse of a person mentioned in paragraph (a) , (b) or (c) ; or\nwholly or partly dependent on a person mentioned in paragraph (a) , (b) or (c) .\nMaximum penalty—10 penalty units.\nA person who is a partner in an unincorporated body must not audit a financial statement for an incorporated association under section 59AA , or prepare a verification statement for an incorporated association under section 59AB (3) (a) , if subsection (1) prohibits any of the partners of the unincorporated body from auditing the financial statement, or preparing the verification statement.\nMaximum penalty—10 penalty units.\nA and B are partners in an accounting firm. A is a member of the association’s management committee. A can not conduct an audit because of subsection (1) . B also can not conduct an audit because of subsection (2) .\ns 59AC ins 2020 No. 17 s 22\n(sec.59AC-ssec.1) A person must not audit a financial statement for an incorporated association under section 59AA , or prepare a verification statement for an incorporated association under section 59AB (3) (a) , if the person is— the secretary, or a member of the management committee, of the association; or an employee of the association; or a partner, employer or employee of the secretary, or a partner, employer or employee of a member of the management committee, of the association; or a spouse of a person mentioned in paragraph (a) , (b) or (c) ; or wholly or partly dependent on a person mentioned in paragraph (a) , (b) or (c) . Maximum penalty—10 penalty units.\n(sec.59AC-ssec.2) A person who is a partner in an unincorporated body must not audit a financial statement for an incorporated association under section 59AA , or prepare a verification statement for an incorporated association under section 59AB (3) (a) , if subsection (1) prohibits any of the partners of the unincorporated body from auditing the financial statement, or preparing the verification statement. Maximum penalty—10 penalty units. A and B are partners in an accounting firm. A is a member of the association’s management committee. A can not conduct an audit because of subsection (1) . B also can not conduct an audit because of subsection (2) .\n- (a) the secretary, or a member of the management committee, of the association; or\n- (b) an employee of the association; or\n- (c) a partner, employer or employee of the secretary, or a partner, employer or employee of a member of the management committee, of the association; or\n- (d) a spouse of a person mentioned in paragraph (a) , (b) or (c) ; or\n- (e) wholly or partly dependent on a person mentioned in paragraph (a) , (b) or (c) .","sortOrder":99},{"sectionNumber":"sec.59B","sectionType":"section","heading":"Presenting documents to annual general meeting","content":"### sec.59B Presenting documents to annual general meeting\n\nThe members of the management committee of an incorporated association must ensure the association, within 6 months after the end date of each financial year for the association, presents each of the following documents to the association’s annual general meeting for adoption—\nif the association is required under section 59A to prepare a financial statement for the association’s last reportable financial year—the financial statement prepared under section 59A (1) ;\nif the association is required under section 59AA to prepare an audit report—the audit report prepared and signed under section 59AA (3) ;\nif the association is required under section 59AB to prepare a verification statement—the verification statement prepared and signed under section 59AB (3) .\nMaximum penalty—\nfor each member of the management committee of a large incorporated association—20 penalty units; or\nfor each member of the management committee of a medium incorporated association or a small incorporated association—10 penalty units.\nA regulation may prescribe particular documents that the members of the management committee of an exempt association must ensure are presented at the association’s annual general meeting.\ns 59B ins 2007 No. 16 s 18\nsub 2020 No. 17 s 22\n(sec.59B-ssec.1) The members of the management committee of an incorporated association must ensure the association, within 6 months after the end date of each financial year for the association, presents each of the following documents to the association’s annual general meeting for adoption— if the association is required under section 59A to prepare a financial statement for the association’s last reportable financial year—the financial statement prepared under section 59A (1) ; if the association is required under section 59AA to prepare an audit report—the audit report prepared and signed under section 59AA (3) ; if the association is required under section 59AB to prepare a verification statement—the verification statement prepared and signed under section 59AB (3) . Maximum penalty— for each member of the management committee of a large incorporated association—20 penalty units; or for each member of the management committee of a medium incorporated association or a small incorporated association—10 penalty units.\n(sec.59B-ssec.2) A regulation may prescribe particular documents that the members of the management committee of an exempt association must ensure are presented at the association’s annual general meeting.\n- (a) if the association is required under section 59A to prepare a financial statement for the association’s last reportable financial year—the financial statement prepared under section 59A (1) ;\n- (b) if the association is required under section 59AA to prepare an audit report—the audit report prepared and signed under section 59AA (3) ;\n- (c) if the association is required under section 59AB to prepare a verification statement—the verification statement prepared and signed under section 59AB (3) .\n- (a) for each member of the management committee of a large incorporated association—20 penalty units; or\n- (b) for each member of the management committee of a medium incorporated association or a small incorporated association—10 penalty units.","sortOrder":100},{"sectionNumber":"sec.59BA","sectionType":"section","heading":"Lodging documents with chief executive","content":"### sec.59BA Lodging documents with chief executive\n\nAn incorporated association mentioned in section 59B (1) must lodge each of the following documents with the chief executive within 1 month after the day the documents are presented under section 59B to the association’s annual general meeting—\nif the association is required under section 59A to prepare a financial statement for the association’s last reportable financial year—a copy of the financial statement for the association’s last reportable financial year—\nas adopted at the annual general meeting, signed and dated by the president or treasurer of the association; or\nas presented to the annual general meeting, if it is not adopted at the meeting, signed and dated by the president or treasurer of the association;\nif the association is required under section 59AA to prepare an audit report in relation to the association’s last reportable financial year—a copy of the audit report prepared and signed under section 59AA (3) ;\nif the association is required under section 59AB to prepare a verification statement in relation to the association’s last reportable financial year—a copy of the verification statement prepared and signed under section 59AB (3) ;\na return in the approved form.\nThe documents lodged under subsection (1) must be accompanied by the prescribed fee.\nIf the incorporated association does not comply with subsection (1) , each of the following persons commits an offence—\nthe secretary of the association;\nthe president of the association;\nthe treasurer of the association.\nMaximum penalty—4 penalty units.\ns 59BA ins 2020 No. 17 s 22\n(sec.59BA-ssec.1) An incorporated association mentioned in section 59B (1) must lodge each of the following documents with the chief executive within 1 month after the day the documents are presented under section 59B to the association’s annual general meeting— if the association is required under section 59A to prepare a financial statement for the association’s last reportable financial year—a copy of the financial statement for the association’s last reportable financial year— as adopted at the annual general meeting, signed and dated by the president or treasurer of the association; or as presented to the annual general meeting, if it is not adopted at the meeting, signed and dated by the president or treasurer of the association; if the association is required under section 59AA to prepare an audit report in relation to the association’s last reportable financial year—a copy of the audit report prepared and signed under section 59AA (3) ; if the association is required under section 59AB to prepare a verification statement in relation to the association’s last reportable financial year—a copy of the verification statement prepared and signed under section 59AB (3) ; a return in the approved form.\n(sec.59BA-ssec.2) The documents lodged under subsection (1) must be accompanied by the prescribed fee.\n(sec.59BA-ssec.3) If the incorporated association does not comply with subsection (1) , each of the following persons commits an offence— the secretary of the association; the president of the association; the treasurer of the association. Maximum penalty—4 penalty units.\n- (a) if the association is required under section 59A to prepare a financial statement for the association’s last reportable financial year—a copy of the financial statement for the association’s last reportable financial year— (i) as adopted at the annual general meeting, signed and dated by the president or treasurer of the association; or (ii) as presented to the annual general meeting, if it is not adopted at the meeting, signed and dated by the president or treasurer of the association;\n- (i) as adopted at the annual general meeting, signed and dated by the president or treasurer of the association; or\n- (ii) as presented to the annual general meeting, if it is not adopted at the meeting, signed and dated by the president or treasurer of the association;\n- (b) if the association is required under section 59AA to prepare an audit report in relation to the association’s last reportable financial year—a copy of the audit report prepared and signed under section 59AA (3) ;\n- (c) if the association is required under section 59AB to prepare a verification statement in relation to the association’s last reportable financial year—a copy of the verification statement prepared and signed under section 59AB (3) ;\n- (d) a return in the approved form.\n- (i) as adopted at the annual general meeting, signed and dated by the president or treasurer of the association; or\n- (ii) as presented to the annual general meeting, if it is not adopted at the meeting, signed and dated by the president or treasurer of the association;\n- (a) the secretary of the association;\n- (b) the president of the association;\n- (c) the treasurer of the association.","sortOrder":101},{"sectionNumber":"sec.59BB","sectionType":"section","heading":"Declaration by chief executive that association is of different class","content":"### sec.59BB Declaration by chief executive that association is of different class\n\nAn incorporated association may, for a financial year, ask the chief executive in writing to make a declaration stating that the association is taken to be a medium incorporated association or small incorporated association for the financial year.\nThe chief executive may make or refuse to make the declaration.\nThe chief executive may make the declaration only if the chief executive is satisfied there are special and unusual circumstances justifying the declaration.\nIf the chief executive makes the declaration, the chief executive—\nmust state whether the association is taken to be a medium incorporated association or small incorporated association for the financial year; and\nmay impose conditions on the association.\nThis section applies despite section 58 , definitions large incorporated association , medium incorporated association and small incorporated association .\ns 59BB ins 2020 No. 17 s 22\n(sec.59BB-ssec.1) An incorporated association may, for a financial year, ask the chief executive in writing to make a declaration stating that the association is taken to be a medium incorporated association or small incorporated association for the financial year.\n(sec.59BB-ssec.2) The chief executive may make or refuse to make the declaration.\n(sec.59BB-ssec.3) The chief executive may make the declaration only if the chief executive is satisfied there are special and unusual circumstances justifying the declaration.\n(sec.59BB-ssec.4) If the chief executive makes the declaration, the chief executive— must state whether the association is taken to be a medium incorporated association or small incorporated association for the financial year; and may impose conditions on the association.\n(sec.59BB-ssec.5) This section applies despite section 58 , definitions large incorporated association , medium incorporated association and small incorporated association .\n- (a) must state whether the association is taken to be a medium incorporated association or small incorporated association for the financial year; and\n- (b) may impose conditions on the association.","sortOrder":102},{"sectionNumber":"sec.59C","sectionType":"section","heading":"Inspection of financial documents by member","content":"### sec.59C Inspection of financial documents by member\n\nThis section applies if a member of an incorporated association asks the association to—\nmake a financial document of the association available for inspection by the member at a mutually convenient time and place; or\ngive the member a copy of a financial document of the association.\nThe association’s secretary must comply with the request within 28 days after the request is made.\nMaximum penalty—4 penalty units.\nThe incorporated association may require the member to pay the reasonable costs of giving a copy of the financial document.\nIn this section—\nfinancial document , of an association, means—\na financial statement for a reportable financial year of the association; or\nif the association is required under section 59AA to prepare an audit report—an audit report prepared and signed under section 59AA (3) ; or\nif the association is required under section 59AB to prepare a verification statement—a verification statement prepared and signed under section 59AB (3) .\ns 59C ins 2007 No. 16 s 18\nsub 2020 No. 17 s 22\n(sec.59C-ssec.1) This section applies if a member of an incorporated association asks the association to— make a financial document of the association available for inspection by the member at a mutually convenient time and place; or give the member a copy of a financial document of the association.\n(sec.59C-ssec.2) The association’s secretary must comply with the request within 28 days after the request is made. Maximum penalty—4 penalty units.\n(sec.59C-ssec.3) The incorporated association may require the member to pay the reasonable costs of giving a copy of the financial document.\n(sec.59C-ssec.4) In this section— financial document , of an association, means— a financial statement for a reportable financial year of the association; or if the association is required under section 59AA to prepare an audit report—an audit report prepared and signed under section 59AA (3) ; or if the association is required under section 59AB to prepare a verification statement—a verification statement prepared and signed under section 59AB (3) .\n- (a) make a financial document of the association available for inspection by the member at a mutually convenient time and place; or\n- (b) give the member a copy of a financial document of the association.\n- (a) a financial statement for a reportable financial year of the association; or\n- (b) if the association is required under section 59AA to prepare an audit report—an audit report prepared and signed under section 59AA (3) ; or\n- (c) if the association is required under section 59AB to prepare a verification statement—a verification statement prepared and signed under section 59AB (3) .","sortOrder":103},{"sectionNumber":"sec.59D","sectionType":"section","heading":"Defence","content":"### sec.59D Defence\n\nIt is a defence to a prosecution of a member of a management committee of an incorporated association for an offence against a provision of this division to prove the member took all reasonable steps to ensure the association complied with the provision.\ns 59D ins 2007 No. 16 s 18\namd 2020 No. 17 s 23","sortOrder":104},{"sectionNumber":"sec.59E","sectionType":"section","heading":"Approved persons","content":"### sec.59E Approved persons\n\nThe chief executive may approve a person as an approved person for an incorporated association if the chief executive is satisfied the person has the necessary experience or qualifications to—\nconduct an audit of an incorporated association under section 59AA ; or\nprepare a verification statement under section 59AB (3) (a) ; or\naudit, verify or examine financial information under section 59F .\ns 59E ins 2007 No. 16 s 18\namd 2020 No. 17 s 24\n- (a) conduct an audit of an incorporated association under section 59AA ; or\n- (b) prepare a verification statement under section 59AB (3) (a) ; or\n- (c) audit, verify or examine financial information under section 59F .","sortOrder":105},{"sectionNumber":"sec.59F","sectionType":"section","heading":"Chief executive may require lodgement of financial information","content":"### sec.59F Chief executive may require lodgement of financial information\n\nThe chief executive may direct an incorporated association—\nto give the chief executive, within a stated period and in a stated way, stated financial information, including, for example, financial records, relating to the association; and\nto cause the financial information mentioned in paragraph (a) to be audited, verified or examined by an auditor, accountant or approved person.\nIf the incorporated association does not comply with the direction, each of the following persons commit an offence—\nthe secretary of the association;\nthe president of the association;\nthe treasurer of the association.\nMaximum penalty—20 penalty units.\nTo remove any doubt, it is declared that this section also applies to an exempt association under section 59A , 59AA or 59AB .\ns 59F ins 2020 No. 17 s 25\n(sec.59F-ssec.1) The chief executive may direct an incorporated association— to give the chief executive, within a stated period and in a stated way, stated financial information, including, for example, financial records, relating to the association; and to cause the financial information mentioned in paragraph (a) to be audited, verified or examined by an auditor, accountant or approved person.\n(sec.59F-ssec.2) If the incorporated association does not comply with the direction, each of the following persons commit an offence— the secretary of the association; the president of the association; the treasurer of the association. Maximum penalty—20 penalty units.\n(sec.59F-ssec.3) To remove any doubt, it is declared that this section also applies to an exempt association under section 59A , 59AA or 59AB .\n- (a) to give the chief executive, within a stated period and in a stated way, stated financial information, including, for example, financial records, relating to the association; and\n- (b) to cause the financial information mentioned in paragraph (a) to be audited, verified or examined by an auditor, accountant or approved person.\n- (a) the secretary of the association;\n- (b) the president of the association;\n- (c) the treasurer of the association.","sortOrder":106},{"sectionNumber":"pt.7","sectionType":"part","heading":"Management","content":"# Management","sortOrder":107},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Management committee","content":"## Management committee","sortOrder":108},{"sectionNumber":"sec.60","sectionType":"section","heading":"Management committee","content":"### sec.60 Management committee\n\nSubject to this Act, the business and operations of an incorporated association shall be controlled by a management committee.\nEvery member of the management committee and any manager duly appointed by the management committee acting in the business or operations of the incorporated association shall be deemed to be the agent of the incorporated association for all purposes within its objects.\nThe acts of a member of the management committee shall be valid notwithstanding any defect that may afterwards be discovered in the member’s appointment or qualifications.\n(sec.60-ssec.1) Subject to this Act, the business and operations of an incorporated association shall be controlled by a management committee.\n(sec.60-ssec.2) Every member of the management committee and any manager duly appointed by the management committee acting in the business or operations of the incorporated association shall be deemed to be the agent of the incorporated association for all purposes within its objects.\n(sec.60-ssec.3) The acts of a member of the management committee shall be valid notwithstanding any defect that may afterwards be discovered in the member’s appointment or qualifications.","sortOrder":109},{"sectionNumber":"sec.61","sectionType":"section","heading":"Membership of management committee","content":"### sec.61 Membership of management committee\n\nAn incorporated association must have a management committee.\nAll members of the management committee must be adults.\nThe management committee must have at least 3 members of whom—\n1 holds the office of president; and\nanother holds the office of treasurer.\ns 61 prev s 61 amd 1990 No. 80 s 3 sch 6\nom 1995 No. 7 s 3 sch\npres s 61 ins 1995 No. 7 s 7\n((3)–(4) never proclaimed into force and om 1996 No. 56 s 199 )\namd 1999 No. 63 s 9\n(sec.61-ssec.1) An incorporated association must have a management committee.\n(sec.61-ssec.2) All members of the management committee must be adults.\n(sec.61-ssec.3) The management committee must have at least 3 members of whom— 1 holds the office of president; and another holds the office of treasurer.\n- (a) 1 holds the office of president; and\n- (b) another holds the office of treasurer.","sortOrder":110},{"sectionNumber":"sec.61A","sectionType":"section","heading":"Eligibility for election to a management committee","content":"### sec.61A Eligibility for election to a management committee\n\nA person is not eligible to be elected as a member of an incorporated association’s management committee if—\nthe person has been convicted of an offence—\non indictment; or\nsummarily and sentenced to imprisonment, other than in default of payment of a fine; and\nthe rehabilitation period in relation to the conviction has not expired.\nAlso, a person is not eligible to be elected as a member of an incorporated association’s management committee if—\nunder the Bankruptcy Act 1966 (Cwlth) or the law of an external territory or another country, the person is an undischarged bankrupt; or\nthe person has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth) , part X or a corresponding law of an external territory or another country and the terms of the deed have not been fully complied with; or\nthe person’s creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth) , part X or a corresponding law of an external territory or another country and a final payment has not been made under the composition.\ns 61A ins 1997 No. 9 s 6\namd 2000 No. 24 s 6 ; 2020 No. 17 s 28\n(sec.61A-ssec.1) A person is not eligible to be elected as a member of an incorporated association’s management committee if— the person has been convicted of an offence— on indictment; or summarily and sentenced to imprisonment, other than in default of payment of a fine; and the rehabilitation period in relation to the conviction has not expired.\n(sec.61A-ssec.2) Also, a person is not eligible to be elected as a member of an incorporated association’s management committee if— under the Bankruptcy Act 1966 (Cwlth) or the law of an external territory or another country, the person is an undischarged bankrupt; or the person has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth) , part X or a corresponding law of an external territory or another country and the terms of the deed have not been fully complied with; or the person’s creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth) , part X or a corresponding law of an external territory or another country and a final payment has not been made under the composition.\n- (a) the person has been convicted of an offence— (i) on indictment; or (ii) summarily and sentenced to imprisonment, other than in default of payment of a fine; and\n- (i) on indictment; or\n- (ii) summarily and sentenced to imprisonment, other than in default of payment of a fine; and\n- (b) the rehabilitation period in relation to the conviction has not expired.\n- (i) on indictment; or\n- (ii) summarily and sentenced to imprisonment, other than in default of payment of a fine; and\n- (a) under the Bankruptcy Act 1966 (Cwlth) or the law of an external territory or another country, the person is an undischarged bankrupt; or\n- (b) the person has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth) , part X or a corresponding law of an external territory or another country and the terms of the deed have not been fully complied with; or\n- (c) the person’s creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth) , part X or a corresponding law of an external territory or another country and a final payment has not been made under the composition.","sortOrder":111},{"sectionNumber":"sec.62","sectionType":"section","heading":"Election of management committee","content":"### sec.62 Election of management committee\n\nThe members of the management committee shall be elected at the annual general meeting or any general meeting of the incorporated association in accordance with its rules.\nNotwithstanding the provisions of subsection (1) the rules of an incorporated association may permit the management committee to fill a casual vacancy on the management committee.\nIn this section—\ncasual vacancy , on a management committee, means a vacancy that happens when an elected member of the management committee resigns, dies or otherwise stops holding office.\ns 62 prev s 62 om 1995 No. 7 s 3 sch\npres s 62 amd 1990 No. 80 s 3 sch 6 ; 1995 No. 7 s 3 sch ; 2007 No. 16 s 19\n(sec.62-ssec.1) The members of the management committee shall be elected at the annual general meeting or any general meeting of the incorporated association in accordance with its rules.\n(sec.62-ssec.2) Notwithstanding the provisions of subsection (1) the rules of an incorporated association may permit the management committee to fill a casual vacancy on the management committee.\n(sec.62-ssec.3) In this section— casual vacancy , on a management committee, means a vacancy that happens when an elected member of the management committee resigns, dies or otherwise stops holding office.","sortOrder":112},{"sectionNumber":"sec.63","sectionType":"section","heading":"Meetings of management committee","content":"### sec.63 Meetings of management committee\n\nMeetings of the management committee shall be held as often as may be necessary for properly conducting the business and operations of the incorporated association, but shall be held at least once in every 4 calendar months and a quorum for a meeting shall be prescribed by the rules.\ns 63 prev s 63 amd 1990 No. 80 s 3 sch 6\nom 1995 No. 7 s 3 sch\npres s 63 amd 1996 No. 56 s 14 ; 2007 No. 16 s 20","sortOrder":113},{"sectionNumber":"sec.63A","sectionType":"section","heading":"Meetings by using communication technology","content":"### sec.63A Meetings by using communication technology\n\nThe management committee may hold meetings, or permit members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen.\nteleconferencing\nA member of a management committee who participates in a meeting under subsection (1) is taken to be present at the meeting.\ns 63A ins 2007 No. 16 s 21\n(sec.63A-ssec.1) The management committee may hold meetings, or permit members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen. teleconferencing\n(sec.63A-ssec.2) A member of a management committee who participates in a meeting under subsection (1) is taken to be present at the meeting.","sortOrder":114},{"sectionNumber":"sec.64","sectionType":"section","heading":"Tenure of members of management committee","content":"### sec.64 Tenure of members of management committee\n\nThe members of the management committee shall hold office and retire and may be removed from office as prescribed by the rules.\nThe office of a member of the management committee shall be vacated in such circumstances (if any) as may be prescribed by the rules of the incorporated association or if the person holding that office—\ndies; or\nbecomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or\nis—\nconvicted of an offence under this Act; or\nconvicted of an indictable offence or an offence punishable on summary conviction for which the person is sentenced to imprisonment, other than in default of payment of a fine; or\nhas been convicted of an offence on indictment or summarily and sentenced to imprisonment, other than in default of payment of a fine, and the rehabilitation period in relation to the conviction has not expired.\ns 64 amd 1996 No. 56 s 15 ; 1997 No. 9 s 7 ; 2000 No. 16 s 590 sch 1 pt 2 ; 2011 No. 45 s 219 ; 2020 No. 17 s 29\n(sec.64-ssec.1) The members of the management committee shall hold office and retire and may be removed from office as prescribed by the rules.\n(sec.64-ssec.2) The office of a member of the management committee shall be vacated in such circumstances (if any) as may be prescribed by the rules of the incorporated association or if the person holding that office— dies; or becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or is— convicted of an offence under this Act; or convicted of an indictable offence or an offence punishable on summary conviction for which the person is sentenced to imprisonment, other than in default of payment of a fine; or has been convicted of an offence on indictment or summarily and sentenced to imprisonment, other than in default of payment of a fine, and the rehabilitation period in relation to the conviction has not expired.\n- (a) dies; or\n- (b) becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or\n- (c) is— (i) convicted of an offence under this Act; or (ii) convicted of an indictable offence or an offence punishable on summary conviction for which the person is sentenced to imprisonment, other than in default of payment of a fine; or\n- (i) convicted of an offence under this Act; or\n- (ii) convicted of an indictable offence or an offence punishable on summary conviction for which the person is sentenced to imprisonment, other than in default of payment of a fine; or\n- (d) has been convicted of an offence on indictment or summarily and sentenced to imprisonment, other than in default of payment of a fine, and the rehabilitation period in relation to the conviction has not expired.\n- (i) convicted of an offence under this Act; or\n- (ii) convicted of an indictable offence or an offence punishable on summary conviction for which the person is sentenced to imprisonment, other than in default of payment of a fine; or","sortOrder":115},{"sectionNumber":"sec.65","sectionType":"section","heading":"When secretary must be elected or appointed","content":"### sec.65 When secretary must be elected or appointed\n\nThis section applies to an incorporated association that did not elect an interim officer as secretary before its incorporation.\nThe members of the incorporated association’s management committee must ensure a secretary is appointed or elected for the association within 1 month after its incorporation.\nMaximum penalty for each member of the management committee—10 penalty units.\nIf a vacancy happens in the office of secretary for the incorporated association, the members of the management committee must ensure a secretary is appointed or elected for the association within 1 month after the vacancy happens.\nMaximum penalty for each member of the management committee—10 penalty units.\nIt is a defence to a prosecution of a member of the management committee for an offence against this section for the member to prove he or she took all reasonable steps to ensure this section was complied with.\ns 65 ins 1995 No. 7 s 8\namd 1996 No. 56 s 16\n(sec.65-ssec.1) This section applies to an incorporated association that did not elect an interim officer as secretary before its incorporation.\n(sec.65-ssec.2) The members of the incorporated association’s management committee must ensure a secretary is appointed or elected for the association within 1 month after its incorporation. Maximum penalty for each member of the management committee—10 penalty units.\n(sec.65-ssec.3) If a vacancy happens in the office of secretary for the incorporated association, the members of the management committee must ensure a secretary is appointed or elected for the association within 1 month after the vacancy happens. Maximum penalty for each member of the management committee—10 penalty units.\n(sec.65-ssec.4) It is a defence to a prosecution of a member of the management committee for an offence against this section for the member to prove he or she took all reasonable steps to ensure this section was complied with.","sortOrder":116},{"sectionNumber":"sec.66","sectionType":"section","heading":"Management committee to ensure association has appropriate person as secretary","content":"### sec.66 Management committee to ensure association has appropriate person as secretary\n\nThe management committee of an incorporated association must ensure the secretary is an adult residing in Queensland, or in another State but not more than 65km from the Queensland border, who is—\na member of the incorporated association elected by the association as secretary; or\na member of the incorporated association’s management committee appointed by the committee as secretary; or\nappointed by the management committee as secretary (whether or not the adult is a member of the incorporated association).\nMaximum penalty for each member of the management committee—10 penalty units.\nIt is a defence to a prosecution of a member of the management committee for an offence against subsection (1) for the member to prove he or she took all reasonable steps to ensure the subsection was complied with.\nIt is declared that—\na secretary mentioned in subsection (1) (a) or (b) is a member of the management committee; and\na secretary mentioned in subsection (1) (c) is not a member of the management committee.\ns 66 ins 1995 No. 7 s 8\namd 1996 No. 56 s 17 ; 2007 No. 16 s 22 ; 2020 No. 17 s 30\n(sec.66-ssec.1) The management committee of an incorporated association must ensure the secretary is an adult residing in Queensland, or in another State but not more than 65km from the Queensland border, who is— a member of the incorporated association elected by the association as secretary; or a member of the incorporated association’s management committee appointed by the committee as secretary; or appointed by the management committee as secretary (whether or not the adult is a member of the incorporated association). Maximum penalty for each member of the management committee—10 penalty units.\n(sec.66-ssec.2) It is a defence to a prosecution of a member of the management committee for an offence against subsection (1) for the member to prove he or she took all reasonable steps to ensure the subsection was complied with.\n(sec.66-ssec.3) It is declared that— a secretary mentioned in subsection (1) (a) or (b) is a member of the management committee; and a secretary mentioned in subsection (1) (c) is not a member of the management committee.\n- (a) a member of the incorporated association elected by the association as secretary; or\n- (b) a member of the incorporated association’s management committee appointed by the committee as secretary; or\n- (c) appointed by the management committee as secretary (whether or not the adult is a member of the incorporated association).\n- (a) a secretary mentioned in subsection (1) (a) or (b) is a member of the management committee; and\n- (b) a secretary mentioned in subsection (1) (c) is not a member of the management committee.","sortOrder":117},{"sectionNumber":"sec.67","sectionType":"section","heading":"Management committee may appoint or remove secretary at any time","content":"### sec.67 Management committee may appoint or remove secretary at any time\n\nThe management committee of an incorporated association may at any time—\nappoint the association’s secretary; or\nremove a person appointed by the committee as the association’s secretary.\nIf the management committee removes a secretary who was appointed as mentioned in section 66 (1) (b) , the removal does not otherwise affect the person’s membership of the management committee.\ns 67 ins 1995 No. 7 s 8\nsub 2007 No. 16 s 23\n(sec.67-ssec.1) The management committee of an incorporated association may at any time— appoint the association’s secretary; or remove a person appointed by the committee as the association’s secretary.\n(sec.67-ssec.2) If the management committee removes a secretary who was appointed as mentioned in section 66 (1) (b) , the removal does not otherwise affect the person’s membership of the management committee.\n- (a) appoint the association’s secretary; or\n- (b) remove a person appointed by the committee as the association’s secretary.","sortOrder":118},{"sectionNumber":"sec.68","sectionType":"section","heading":"Notification of certain office holders","content":"### sec.68 Notification of certain office holders\n\nIf an incorporated association appoints or elects a secretary for the association under section 65 , the members of the management committee must ensure the association notifies the chief executive in the approved form of the appointment or election within 1 month after it happens.\nMaximum penalty for each member of the management committee—2 penalty units.\nIt is a defence to a prosecution of a member of the management committee for an offence against subsection (1) for the member to prove he or she took all reasonable steps to ensure the association complied with the subsection.\nThe secretary of an incorporated association must notify the chief executive in the approved form of a change to the membership of the offices of the president, secretary or treasurer within 1 month after it happens.\nMaximum penalty—2 penalty units.\nThe secretary of an incorporated association must notify the chief executive in the approved form of a change of the secretary’s address within 1 month after it happens.\nMaximum penalty—2 penalty units.\ns 68 amd 1990 No. 80 s 3 sch 6\nsub 1995 No. 7 s 9\namd 1996 No. 56 s 18\n(sec.68-ssec.1) If an incorporated association appoints or elects a secretary for the association under section 65 , the members of the management committee must ensure the association notifies the chief executive in the approved form of the appointment or election within 1 month after it happens. Maximum penalty for each member of the management committee—2 penalty units.\n(sec.68-ssec.2) It is a defence to a prosecution of a member of the management committee for an offence against subsection (1) for the member to prove he or she took all reasonable steps to ensure the association complied with the subsection.\n(sec.68-ssec.3) The secretary of an incorporated association must notify the chief executive in the approved form of a change to the membership of the offices of the president, secretary or treasurer within 1 month after it happens. Maximum penalty—2 penalty units.\n(sec.68-ssec.4) The secretary of an incorporated association must notify the chief executive in the approved form of a change of the secretary’s address within 1 month after it happens. Maximum penalty—2 penalty units.","sortOrder":119},{"sectionNumber":"sec.69","sectionType":"section","heading":"Office of secretary","content":"### sec.69 Office of secretary\n\nThe secretary may, unless the rules of the incorporated association otherwise provide, hold any other office in the incorporated association except the office of auditor.\nThe office of secretary shall become vacant if the person holding that office—\ndies; or\nbecomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or\nis—\nconvicted of an offence under this Act; or\nconvicted of an indictable offence or an offence punishable on summary conviction for which the person is sentenced to imprisonment, other than in default of payment of a fine; or\nresigns office by writing under the person’s hand addressed to the management committee of the incorporated association; or\nceases to be resident in Queensland, or in another State but not more than 65km from the Queensland border.\ns 69 prev s 69 om 1995 No. 7 s 3 sch\npres s 69 amd 1995 No. 7 s 3 sch ; 1996 No. 56 s 19 ; 2000 No. 16 s 590 sch 1 pt 2 ; 2007 No. 36 s 2 sch\n(sec.69-ssec.1) The secretary may, unless the rules of the incorporated association otherwise provide, hold any other office in the incorporated association except the office of auditor.\n(sec.69-ssec.2) The office of secretary shall become vacant if the person holding that office— dies; or becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or is— convicted of an offence under this Act; or convicted of an indictable offence or an offence punishable on summary conviction for which the person is sentenced to imprisonment, other than in default of payment of a fine; or resigns office by writing under the person’s hand addressed to the management committee of the incorporated association; or ceases to be resident in Queensland, or in another State but not more than 65km from the Queensland border.\n- (a) dies; or\n- (b) becomes bankrupt or compounds with creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or\n- (c) is— (i) convicted of an offence under this Act; or (ii) convicted of an indictable offence or an offence punishable on summary conviction for which the person is sentenced to imprisonment, other than in default of payment of a fine; or\n- (i) convicted of an offence under this Act; or\n- (ii) convicted of an indictable offence or an offence punishable on summary conviction for which the person is sentenced to imprisonment, other than in default of payment of a fine; or\n- (d) resigns office by writing under the person’s hand addressed to the management committee of the incorporated association; or\n- (e) ceases to be resident in Queensland, or in another State but not more than 65km from the Queensland border.\n- (i) convicted of an offence under this Act; or\n- (ii) convicted of an indictable offence or an offence punishable on summary conviction for which the person is sentenced to imprisonment, other than in default of payment of a fine; or","sortOrder":120},{"sectionNumber":"sec.69A","sectionType":"section","heading":"Functions of secretary","content":"### sec.69A Functions of secretary\n\nThe secretary’s functions include—\ncalling meetings of the incorporated association, including preparing notices of a meeting and of the business to be conducted at the meeting in consultation with the president of the association; and\nkeeping minutes of each meeting; and\nkeeping copies of all correspondence and other documents relating to the association; and\nmaintaining the association’s register of members.\nSubsection (1) —\ndoes not limit any other function the secretary has under any other provision of this Act; and\ndoes not prevent an association’s rules from stating other functions for the secretary.\ns 69A ins 2007 No. 16 s 24\n(sec.69A-ssec.1) The secretary’s functions include— calling meetings of the incorporated association, including preparing notices of a meeting and of the business to be conducted at the meeting in consultation with the president of the association; and keeping minutes of each meeting; and keeping copies of all correspondence and other documents relating to the association; and maintaining the association’s register of members.\n(sec.69A-ssec.2) Subsection (1) — does not limit any other function the secretary has under any other provision of this Act; and does not prevent an association’s rules from stating other functions for the secretary.\n- (a) calling meetings of the incorporated association, including preparing notices of a meeting and of the business to be conducted at the meeting in consultation with the president of the association; and\n- (b) keeping minutes of each meeting; and\n- (c) keeping copies of all correspondence and other documents relating to the association; and\n- (d) maintaining the association’s register of members.\n- (a) does not limit any other function the secretary has under any other provision of this Act; and\n- (b) does not prevent an association’s rules from stating other functions for the secretary.","sortOrder":121},{"sectionNumber":"sec.70","sectionType":"section","heading":"Public liability insurance generally","content":"### sec.70 Public liability insurance generally\n\nThe management committee of an incorporated association must, at least annually, consider whether there is a need for the incorporated association to take out public liability insurance.\nThe management committee must report its decision about the need for public liability insurance for the association to the association’s members at the association’s next annual general meeting.\nIf the management committee decides there is no need to take out public liability insurance, the committee must, at the annual general meeting—\ngive the association’s members reasons for the committee’s decision; and\nadvise the members that the failure to take out public liability insurance means that the association’s assets would be at risk if there were a successful claim against the association.\nThe management committee must ensure that—\nas soon as practicable after a person applies to become, but before the person becomes, a member of the association, the person is advised—\nwhether or not the association has public liability insurance; and\nif the association has public liability insurance—the amount of the insurance; and\nbefore a person is elected or appointed as a member of the association’s management committee, the person is advised—\nwhether or not the association has public liability insurance; and\nif the association has public liability insurance—the amount of the insurance.\nThe management committee must ensure that any person or entity with whom the association may have dealings, and which could be expected to have an interest in knowing whether or not the association has public liability insurance, is advised if the association does not have public liability insurance.\nThis section is subject to section 70A .\nThis section imposes obligations on a management committee but does not impose any criminal penalties in relation to breaches of those obligations.\ns 70 amd 1990 No. 80 s 3 sch 6 ; 1995 No. 7 s 3 sch ; 1996 No. 56 s 20 ; 2000 No. 20 s 29 sch 3\nsub 2007 No. 16 s 25\n(sec.70-ssec.1) The management committee of an incorporated association must, at least annually, consider whether there is a need for the incorporated association to take out public liability insurance.\n(sec.70-ssec.2) The management committee must report its decision about the need for public liability insurance for the association to the association’s members at the association’s next annual general meeting.\n(sec.70-ssec.3) If the management committee decides there is no need to take out public liability insurance, the committee must, at the annual general meeting— give the association’s members reasons for the committee’s decision; and advise the members that the failure to take out public liability insurance means that the association’s assets would be at risk if there were a successful claim against the association.\n(sec.70-ssec.4) The management committee must ensure that— as soon as practicable after a person applies to become, but before the person becomes, a member of the association, the person is advised— whether or not the association has public liability insurance; and if the association has public liability insurance—the amount of the insurance; and before a person is elected or appointed as a member of the association’s management committee, the person is advised— whether or not the association has public liability insurance; and if the association has public liability insurance—the amount of the insurance.\n(sec.70-ssec.5) The management committee must ensure that any person or entity with whom the association may have dealings, and which could be expected to have an interest in knowing whether or not the association has public liability insurance, is advised if the association does not have public liability insurance.\n(sec.70-ssec.6) This section is subject to section 70A . This section imposes obligations on a management committee but does not impose any criminal penalties in relation to breaches of those obligations.\n- (a) give the association’s members reasons for the committee’s decision; and\n- (b) advise the members that the failure to take out public liability insurance means that the association’s assets would be at risk if there were a successful claim against the association.\n- (a) as soon as practicable after a person applies to become, but before the person becomes, a member of the association, the person is advised— (i) whether or not the association has public liability insurance; and (ii) if the association has public liability insurance—the amount of the insurance; and\n- (i) whether or not the association has public liability insurance; and\n- (ii) if the association has public liability insurance—the amount of the insurance; and\n- (b) before a person is elected or appointed as a member of the association’s management committee, the person is advised— (i) whether or not the association has public liability insurance; and (ii) if the association has public liability insurance—the amount of the insurance.\n- (i) whether or not the association has public liability insurance; and\n- (ii) if the association has public liability insurance—the amount of the insurance.\n- (i) whether or not the association has public liability insurance; and\n- (ii) if the association has public liability insurance—the amount of the insurance; and\n- (i) whether or not the association has public liability insurance; and\n- (ii) if the association has public liability insurance—the amount of the insurance.","sortOrder":122},{"sectionNumber":"sec.70A","sectionType":"section","heading":"Particular incorporated associations must have public liability insurance","content":"### sec.70A Particular incorporated associations must have public liability insurance\n\nThis section applies if an incorporated association is—\nan owner of land; or\na lessee of land; or\na trustee of trust land under the Land Act 1994 .\nThe members of the management committee of the incorporated association must ensure—\nthe association takes out public liability insurance in relation to the land in an amount decided by the management committee; and\nthe insurance cover is kept current at all times.\nMaximum penalty for each member of the management committee—2 penalty units.\nIt is a defence to a prosecution of a member of a management committee for an offence against subsection (2) for the member to prove the member took all reasonable steps to ensure the association complied with subsection (2) .\ns 70A ins 2007 No. 16 s 25\n(sec.70A-ssec.1) This section applies if an incorporated association is— an owner of land; or a lessee of land; or a trustee of trust land under the Land Act 1994 .\n(sec.70A-ssec.2) The members of the management committee of the incorporated association must ensure— the association takes out public liability insurance in relation to the land in an amount decided by the management committee; and the insurance cover is kept current at all times. Maximum penalty for each member of the management committee—2 penalty units.\n(sec.70A-ssec.3) It is a defence to a prosecution of a member of a management committee for an offence against subsection (2) for the member to prove the member took all reasonable steps to ensure the association complied with subsection (2) .\n- (a) an owner of land; or\n- (b) a lessee of land; or\n- (c) a trustee of trust land under the Land Act 1994 .\n- (a) the association takes out public liability insurance in relation to the land in an amount decided by the management committee; and\n- (b) the insurance cover is kept current at all times.","sortOrder":123},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Matters of material personal interest and remuneration","content":"## Matters of material personal interest and remuneration","sortOrder":124},{"sectionNumber":"sec.70B","sectionType":"section","heading":"Disclosure of material personal interest","content":"### sec.70B Disclosure of material personal interest\n\nA member of the management committee of an incorporated association who has a material personal interest in a matter being considered at a management committee meeting must, as soon as the member becomes aware of the interest, disclose the nature and extent of the interest to the management committee.\nMaximum penalty—60 penalty units.\nA member of the management committee of an incorporated association who has a material personal interest in a matter being considered at a management committee meeting must disclose the nature and extent of the interest at the next general meeting of the association.\nMaximum penalty—60 penalty units.\nSubsections (1) and (2) do not apply in relation to a material personal interest—\nthat exists only because the member—\nis an employee of the association; or\nis a member of a class of persons for whose benefit the association is established; or\nthat the member has in common with all, or a substantial proportion of, the members of the association.\nIf a member of the management committee of an incorporated association discloses a material personal interest in a contract or proposed contract under this section, and the member has complied with section 70C (1) or the member’s interest is not required to be disclosed because of subsection (3) —\nthe contract is not liable to be avoided by the association on any ground arising from the fiduciary relationship between the member and the association; and\nthe member is not liable to account for profits derived from the contract.\nA disclosure of a material personal interest required under subsection (1) or (2) must give details of—\nthe nature and extent of the interest; and\nhow the interest is related to the activities of the association.\nThe members of the management committee of an incorporated association must ensure the details mentioned in subsection (5) are—\nrecorded in the minutes of the meeting of the management committee at which the disclosure is made; and\nif a member of the association asks for the details—given to the member.\nMaximum penalty for each member of the management committee—4 penalty units.\ns 70B ins 2020 No. 17 s 31\n(sec.70B-ssec.1) A member of the management committee of an incorporated association who has a material personal interest in a matter being considered at a management committee meeting must, as soon as the member becomes aware of the interest, disclose the nature and extent of the interest to the management committee. Maximum penalty—60 penalty units.\n(sec.70B-ssec.2) A member of the management committee of an incorporated association who has a material personal interest in a matter being considered at a management committee meeting must disclose the nature and extent of the interest at the next general meeting of the association. Maximum penalty—60 penalty units.\n(sec.70B-ssec.3) Subsections (1) and (2) do not apply in relation to a material personal interest— that exists only because the member— is an employee of the association; or is a member of a class of persons for whose benefit the association is established; or that the member has in common with all, or a substantial proportion of, the members of the association.\n(sec.70B-ssec.4) If a member of the management committee of an incorporated association discloses a material personal interest in a contract or proposed contract under this section, and the member has complied with section 70C (1) or the member’s interest is not required to be disclosed because of subsection (3) — the contract is not liable to be avoided by the association on any ground arising from the fiduciary relationship between the member and the association; and the member is not liable to account for profits derived from the contract.\n(sec.70B-ssec.5) A disclosure of a material personal interest required under subsection (1) or (2) must give details of— the nature and extent of the interest; and how the interest is related to the activities of the association.\n(sec.70B-ssec.6) The members of the management committee of an incorporated association must ensure the details mentioned in subsection (5) are— recorded in the minutes of the meeting of the management committee at which the disclosure is made; and if a member of the association asks for the details—given to the member. Maximum penalty for each member of the management committee—4 penalty units.\n- (a) that exists only because the member— (i) is an employee of the association; or (ii) is a member of a class of persons for whose benefit the association is established; or\n- (i) is an employee of the association; or\n- (ii) is a member of a class of persons for whose benefit the association is established; or\n- (b) that the member has in common with all, or a substantial proportion of, the members of the association.\n- (i) is an employee of the association; or\n- (ii) is a member of a class of persons for whose benefit the association is established; or\n- (a) the contract is not liable to be avoided by the association on any ground arising from the fiduciary relationship between the member and the association; and\n- (b) the member is not liable to account for profits derived from the contract.\n- (a) the nature and extent of the interest; and\n- (b) how the interest is related to the activities of the association.\n- (a) recorded in the minutes of the meeting of the management committee at which the disclosure is made; and\n- (b) if a member of the association asks for the details—given to the member.","sortOrder":125},{"sectionNumber":"sec.70C","sectionType":"section","heading":"Voting on matter in which member has material personal interest","content":"### sec.70C Voting on matter in which member has material personal interest\n\nA member of the management committee of an incorporated association who has a material personal interest in a matter being considered at a meeting of the management committee must not—\nbe present while the matter is being considered at the meeting; or\nvote on the matter.\nMaximum penalty—60 penalty units.\nSubsection (1) does not apply in relation to a material personal interest—\nthat exists only because the member belongs to a class of person for whose benefit the association is established; or\nthat the member has in common with all, or a substantial proportion of, the members of the association.\nSubsection (1) does not apply if the management committee, other than the members who have a material personal interest in the matter, decide the member who has a material personal interest in the matter may—\nbe present while the matter is being considered at the meeting; or\nvote on the matter.\nIf the management committee decides under subsection (3) that a member of the committee who has a material personal interest in a matter may be present at a meeting while the matter is being considered, or may vote on the matter, the committee must ensure that—\nthe committee’s decision is recorded in the minutes of the meeting and disclosed at the next general meeting of the association; and\ndetails of the committee’s decision are given to a member of the association, if requested by the member.\nMaximum penalty for each member of the management committee—4 penalty units.\nIf there are not enough management committee members to form a quorum to consider a matter because of subsection (1) —\n1 or more committee members, including the members who have a material personal interest in the matter, may call a general meeting; and\nthe general meeting may pass a resolution to deal with the matter.\ns 70C ins 2020 No. 17 s 31\n(sec.70C-ssec.1) A member of the management committee of an incorporated association who has a material personal interest in a matter being considered at a meeting of the management committee must not— be present while the matter is being considered at the meeting; or vote on the matter. Maximum penalty—60 penalty units.\n(sec.70C-ssec.2) Subsection (1) does not apply in relation to a material personal interest— that exists only because the member belongs to a class of person for whose benefit the association is established; or that the member has in common with all, or a substantial proportion of, the members of the association.\n(sec.70C-ssec.3) Subsection (1) does not apply if the management committee, other than the members who have a material personal interest in the matter, decide the member who has a material personal interest in the matter may— be present while the matter is being considered at the meeting; or vote on the matter.\n(sec.70C-ssec.4) If the management committee decides under subsection (3) that a member of the committee who has a material personal interest in a matter may be present at a meeting while the matter is being considered, or may vote on the matter, the committee must ensure that— the committee’s decision is recorded in the minutes of the meeting and disclosed at the next general meeting of the association; and details of the committee’s decision are given to a member of the association, if requested by the member. Maximum penalty for each member of the management committee—4 penalty units.\n(sec.70C-ssec.5) If there are not enough management committee members to form a quorum to consider a matter because of subsection (1) — 1 or more committee members, including the members who have a material personal interest in the matter, may call a general meeting; and the general meeting may pass a resolution to deal with the matter.\n- (a) be present while the matter is being considered at the meeting; or\n- (b) vote on the matter.\n- (a) that exists only because the member belongs to a class of person for whose benefit the association is established; or\n- (b) that the member has in common with all, or a substantial proportion of, the members of the association.\n- (a) be present while the matter is being considered at the meeting; or\n- (b) vote on the matter.\n- (a) the committee’s decision is recorded in the minutes of the meeting and disclosed at the next general meeting of the association; and\n- (b) details of the committee’s decision are given to a member of the association, if requested by the member.\n- (a) 1 or more committee members, including the members who have a material personal interest in the matter, may call a general meeting; and\n- (b) the general meeting may pass a resolution to deal with the matter.","sortOrder":126},{"sectionNumber":"sec.70D","sectionType":"section","heading":"Disclosure of remuneration and other benefits","content":"### sec.70D Disclosure of remuneration and other benefits\n\nThe members of the management committee of an incorporated association must ensure the prescribed details of the remuneration paid or other benefits given for the financial year to the following persons, if any, is presented to the association’s annual general meeting in the way prescribed by regulation—\neach member of the management committee of the association;\neach senior staff member of the association;\neach relative of a person mentioned in paragraph (a) or (b) .\nMaximum penalty for each member of the management committee—10 penalty units.\nIn this section—\nrelative , of a person, means a spouse, parent, sibling, child, grandparent or grandchild of the person.\nremuneration —\nincludes salary, allowances and other entitlements; and\ndoes not include reimbursement of out of pocket expenses.\nsenior staff member , of an incorporated association, means a person who—\nmakes, or participates in making, decisions that affect the whole, or a substantial part, of the activities of the association; or\nhas the capacity to affect significantly the association’s financial standing.\ns 70D ins 2020 No. 17 s 31\n(sec.70D-ssec.1) The members of the management committee of an incorporated association must ensure the prescribed details of the remuneration paid or other benefits given for the financial year to the following persons, if any, is presented to the association’s annual general meeting in the way prescribed by regulation— each member of the management committee of the association; each senior staff member of the association; each relative of a person mentioned in paragraph (a) or (b) . Maximum penalty for each member of the management committee—10 penalty units.\n(sec.70D-ssec.2) In this section— relative , of a person, means a spouse, parent, sibling, child, grandparent or grandchild of the person. remuneration — includes salary, allowances and other entitlements; and does not include reimbursement of out of pocket expenses. senior staff member , of an incorporated association, means a person who— makes, or participates in making, decisions that affect the whole, or a substantial part, of the activities of the association; or has the capacity to affect significantly the association’s financial standing.\n- (a) each member of the management committee of the association;\n- (b) each senior staff member of the association;\n- (c) each relative of a person mentioned in paragraph (a) or (b) .\n- (a) includes salary, allowances and other entitlements; and\n- (b) does not include reimbursement of out of pocket expenses.\n- (a) makes, or participates in making, decisions that affect the whole, or a substantial part, of the activities of the association; or\n- (b) has the capacity to affect significantly the association’s financial standing.","sortOrder":127},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Duties of officers","content":"## Duties of officers","sortOrder":128},{"sectionNumber":"sec.70E","sectionType":"section","heading":"Duty of care and diligence","content":"### sec.70E Duty of care and diligence\n\nAn officer of an incorporated association must exercise the officer’s powers and discharge the officer’s duties with the degree of care and diligence that a reasonable person would exercise if that person—\nwere an officer of the association in the association’s circumstances; and\noccupied the office held by, and had the same responsibilities within the association as, the officer.\nMaximum penalty—60 penalty units.\nAn officer of an incorporated association who makes a business judgment is taken to meet the requirements of subsection (1) , and the officer’s equivalent duties at common law and in equity, in relation to the judgment if the officer—\nmakes the judgment in good faith for a proper purpose; and\ndoes not have a material personal interest in the subject matter of the judgment; and\nis informed about the subject matter of the judgment to the extent the officer reasonably believes to be appropriate; and\nreasonably believes the judgment is in the best interests of the association.\nIn this section—\nbusiness judgment means any decision to take or not to take action in relation to a matter relevant to the operations of the incorporated association.\ns 70E ins 2020 No. 17 s 31\n(sec.70E-ssec.1) An officer of an incorporated association must exercise the officer’s powers and discharge the officer’s duties with the degree of care and diligence that a reasonable person would exercise if that person— were an officer of the association in the association’s circumstances; and occupied the office held by, and had the same responsibilities within the association as, the officer. Maximum penalty—60 penalty units.\n(sec.70E-ssec.2) An officer of an incorporated association who makes a business judgment is taken to meet the requirements of subsection (1) , and the officer’s equivalent duties at common law and in equity, in relation to the judgment if the officer— makes the judgment in good faith for a proper purpose; and does not have a material personal interest in the subject matter of the judgment; and is informed about the subject matter of the judgment to the extent the officer reasonably believes to be appropriate; and reasonably believes the judgment is in the best interests of the association.\n(sec.70E-ssec.3) In this section— business judgment means any decision to take or not to take action in relation to a matter relevant to the operations of the incorporated association.\n- (a) were an officer of the association in the association’s circumstances; and\n- (b) occupied the office held by, and had the same responsibilities within the association as, the officer.\n- (a) makes the judgment in good faith for a proper purpose; and\n- (b) does not have a material personal interest in the subject matter of the judgment; and\n- (c) is informed about the subject matter of the judgment to the extent the officer reasonably believes to be appropriate; and\n- (d) reasonably believes the judgment is in the best interests of the association.","sortOrder":129},{"sectionNumber":"sec.70F","sectionType":"section","heading":"Duty of good faith","content":"### sec.70F Duty of good faith\n\nAn officer of an incorporated association must exercise the officer’s powers and discharge the officer’s duties—\nin good faith in the best interests of the association; and\nfor a proper purpose.\nMaximum penalty—60 penalty units.\ns 70F ins 2020 No. 17 s 31\n- (a) in good faith in the best interests of the association; and\n- (b) for a proper purpose.","sortOrder":130},{"sectionNumber":"sec.70G","sectionType":"section","heading":"Use of position","content":"### sec.70G Use of position\n\nAn officer of an incorporated association must not improperly use the officer’s position to—\ngain, directly or indirectly, a pecuniary benefit or material advantage for the officer or another person; or\ncause detriment to the association.\nMaximum penalty—60 penalty units.\ns 70G ins 2020 No. 17 s 31\n- (a) gain, directly or indirectly, a pecuniary benefit or material advantage for the officer or another person; or\n- (b) cause detriment to the association.","sortOrder":131},{"sectionNumber":"sec.70H","sectionType":"section","heading":"Use of information","content":"### sec.70H Use of information\n\nA person who obtains information because the person is, or has been, an officer of an incorporated association must not improperly use the information to—\ngain, directly or indirectly, a pecuniary benefit or material advantage for the person or another person; or\ncause detriment to the association.\nMaximum penalty—60 penalty units.\ns 70H ins 2020 No. 17 s 31\n- (a) gain, directly or indirectly, a pecuniary benefit or material advantage for the person or another person; or\n- (b) cause detriment to the association.","sortOrder":132},{"sectionNumber":"sec.70I","sectionType":"section","heading":"Duty to prevent insolvent trading","content":"### sec.70I Duty to prevent insolvent trading\n\nA person who was a member of the management committee of an incorporated association, or took part in the management of an incorporated association, at the time the association incurred a debt commits an offence if—\nthe association was insolvent at the time the debt was incurred or becomes insolvent by incurring that debt, or by incurring at that time debts including that debt; and\nimmediately before the debt was incurred—\nthere were reasonable grounds to expect that the association was insolvent; or\nthere were reasonable grounds to expect that, if the association incurred the debt, the association would become insolvent.\nMaximum penalty—60 penalty units.\nIn any proceedings against a person under subsection (1) it is a defence if the accused proves that—\nthe debt was incurred without the accused’s express or implied authority or consent; or\nat the time the debt was incurred, because of illness or for some other good reason, the accused did not take part in the management of the association; or\nat the time the debt was incurred, the accused had reasonable grounds to expect, and did expect, that the association was solvent at that time and would remain solvent even if it incurred that debt and any other debts that it incurred at that time.\ns 70I ins 2020 No. 17 s 31\n(sec.70I-ssec.1) A person who was a member of the management committee of an incorporated association, or took part in the management of an incorporated association, at the time the association incurred a debt commits an offence if— the association was insolvent at the time the debt was incurred or becomes insolvent by incurring that debt, or by incurring at that time debts including that debt; and immediately before the debt was incurred— there were reasonable grounds to expect that the association was insolvent; or there were reasonable grounds to expect that, if the association incurred the debt, the association would become insolvent. Maximum penalty—60 penalty units.\n(sec.70I-ssec.2) In any proceedings against a person under subsection (1) it is a defence if the accused proves that— the debt was incurred without the accused’s express or implied authority or consent; or at the time the debt was incurred, because of illness or for some other good reason, the accused did not take part in the management of the association; or at the time the debt was incurred, the accused had reasonable grounds to expect, and did expect, that the association was solvent at that time and would remain solvent even if it incurred that debt and any other debts that it incurred at that time.\n- (a) the association was insolvent at the time the debt was incurred or becomes insolvent by incurring that debt, or by incurring at that time debts including that debt; and\n- (b) immediately before the debt was incurred— (i) there were reasonable grounds to expect that the association was insolvent; or (ii) there were reasonable grounds to expect that, if the association incurred the debt, the association would become insolvent.\n- (i) there were reasonable grounds to expect that the association was insolvent; or\n- (ii) there were reasonable grounds to expect that, if the association incurred the debt, the association would become insolvent.\n- (i) there were reasonable grounds to expect that the association was insolvent; or\n- (ii) there were reasonable grounds to expect that, if the association incurred the debt, the association would become insolvent.\n- (a) the debt was incurred without the accused’s express or implied authority or consent; or\n- (b) at the time the debt was incurred, because of illness or for some other good reason, the accused did not take part in the management of the association; or\n- (c) at the time the debt was incurred, the accused had reasonable grounds to expect, and did expect, that the association was solvent at that time and would remain solvent even if it incurred that debt and any other debts that it incurred at that time.","sortOrder":133},{"sectionNumber":"sec.70J","sectionType":"section","heading":"Reliance on information or advice","content":"### sec.70J Reliance on information or advice\n\nThis section applies if the reasonableness of the reliance of an officer of an incorporated association on information or advice given to the officer arises in a proceeding brought to decide whether the officer has performed a duty under this Act or an equivalent duty at common law or in equity.\nUnless the contrary is proved, the officer’s reliance on the information or advice is taken to be reasonable if—\nthe information or advice was given or prepared by—\nan employee of the association whom the officer reasonably believed to be reliable and competent in relation to the matters concerned; or\na professional advisor or expert in relation to the matters that the officer reasonably believed to be within that person’s professional or expert competence; or\nanother officer of the association in relation to matters within the other officer’s authority; or\na sub-committee of the association of which the officer was not a member in relation to matters within the sub-committee’s authority; and\nthe reliance was made—\nin good faith; and\nafter making an independent assessment of the information or advice, having regard to the officer’s knowledge of the association and the complexity of the structure of the association.\ns 70J ins 2020 No. 17 s 31\n(sec.70J-ssec.1) This section applies if the reasonableness of the reliance of an officer of an incorporated association on information or advice given to the officer arises in a proceeding brought to decide whether the officer has performed a duty under this Act or an equivalent duty at common law or in equity.\n(sec.70J-ssec.2) Unless the contrary is proved, the officer’s reliance on the information or advice is taken to be reasonable if— the information or advice was given or prepared by— an employee of the association whom the officer reasonably believed to be reliable and competent in relation to the matters concerned; or a professional advisor or expert in relation to the matters that the officer reasonably believed to be within that person’s professional or expert competence; or another officer of the association in relation to matters within the other officer’s authority; or a sub-committee of the association of which the officer was not a member in relation to matters within the sub-committee’s authority; and the reliance was made— in good faith; and after making an independent assessment of the information or advice, having regard to the officer’s knowledge of the association and the complexity of the structure of the association.\n- (a) the information or advice was given or prepared by— (i) an employee of the association whom the officer reasonably believed to be reliable and competent in relation to the matters concerned; or (ii) a professional advisor or expert in relation to the matters that the officer reasonably believed to be within that person’s professional or expert competence; or (iii) another officer of the association in relation to matters within the other officer’s authority; or (iv) a sub-committee of the association of which the officer was not a member in relation to matters within the sub-committee’s authority; and\n- (i) an employee of the association whom the officer reasonably believed to be reliable and competent in relation to the matters concerned; or\n- (ii) a professional advisor or expert in relation to the matters that the officer reasonably believed to be within that person’s professional or expert competence; or\n- (iii) another officer of the association in relation to matters within the other officer’s authority; or\n- (iv) a sub-committee of the association of which the officer was not a member in relation to matters within the sub-committee’s authority; and\n- (b) the reliance was made— (i) in good faith; and (ii) after making an independent assessment of the information or advice, having regard to the officer’s knowledge of the association and the complexity of the structure of the association.\n- (i) in good faith; and\n- (ii) after making an independent assessment of the information or advice, having regard to the officer’s knowledge of the association and the complexity of the structure of the association.\n- (i) an employee of the association whom the officer reasonably believed to be reliable and competent in relation to the matters concerned; or\n- (ii) a professional advisor or expert in relation to the matters that the officer reasonably believed to be within that person’s professional or expert competence; or\n- (iii) another officer of the association in relation to matters within the other officer’s authority; or\n- (iv) a sub-committee of the association of which the officer was not a member in relation to matters within the sub-committee’s authority; and\n- (i) in good faith; and\n- (ii) after making an independent assessment of the information or advice, having regard to the officer’s knowledge of the association and the complexity of the structure of the association.","sortOrder":134},{"sectionNumber":"pt.8","sectionType":"part","heading":"Rights and obligations of members","content":"# Rights and obligations of members","sortOrder":135},{"sectionNumber":"sec.71","sectionType":"section","heading":"Rights of members","content":"### sec.71 Rights of members\n\nUpon incorporation the rules of the association shall constitute the terms of a contract between the members from time to time and the incorporated association.\nWhere a member of an incorporated association is deprived by a decision of that association of a right conferred on the member by the rules of that association as a member thereof, the Supreme Court shall have jurisdiction to adjudicate upon the validity of that decision under the rules.\nAn incorporated association shall be bound by the rules of natural justice in adjudicating upon the rights of its members conferred by the rules of such association on its members.\ns 71 amd 1995 No. 7 s 3 sch\n(sec.71-ssec.1) Upon incorporation the rules of the association shall constitute the terms of a contract between the members from time to time and the incorporated association.\n(sec.71-ssec.2) Where a member of an incorporated association is deprived by a decision of that association of a right conferred on the member by the rules of that association as a member thereof, the Supreme Court shall have jurisdiction to adjudicate upon the validity of that decision under the rules.\n(sec.71-ssec.3) An incorporated association shall be bound by the rules of natural justice in adjudicating upon the rights of its members conferred by the rules of such association on its members.","sortOrder":136},{"sectionNumber":"sec.72","sectionType":"section","heading":"Enforcement of rights and obligations","content":"### sec.72 Enforcement of rights and obligations\n\nThe Supreme Court may, on the application of an incorporated association, or of a member thereof, make orders, including interim orders—\ngiving directions for the performance and observance of the rules of such incorporated association by any person who is under an obligation to perform or observe those rules; or\ndeclaring and enforcing the rights and obligations of members of such incorporated association between themselves, and the rights and obligations between such incorporated association and any member or members thereof.\nHowever, an incorporated association, or a member of an incorporated association, can not make an application under subsection (1) in relation to a dispute under the rules unless the association or member has made reasonable attempts to resolve the dispute under the grievance procedure in the association’s rules.\nAn order may be made under this section notwithstanding that no right of a proprietary nature is involved, or that the applicant has no interest in the property of the incorporated association.\ns 72 amd 1995 No. 7 s 3 sch ; 2007 No. 36 s 2 sch ; 2020 No. 17 s 32\n(sec.72-ssec.1) The Supreme Court may, on the application of an incorporated association, or of a member thereof, make orders, including interim orders— giving directions for the performance and observance of the rules of such incorporated association by any person who is under an obligation to perform or observe those rules; or declaring and enforcing the rights and obligations of members of such incorporated association between themselves, and the rights and obligations between such incorporated association and any member or members thereof.\n(sec.72-ssec.2) However, an incorporated association, or a member of an incorporated association, can not make an application under subsection (1) in relation to a dispute under the rules unless the association or member has made reasonable attempts to resolve the dispute under the grievance procedure in the association’s rules.\n(sec.72-ssec.3) An order may be made under this section notwithstanding that no right of a proprietary nature is involved, or that the applicant has no interest in the property of the incorporated association.\n- (a) giving directions for the performance and observance of the rules of such incorporated association by any person who is under an obligation to perform or observe those rules; or\n- (b) declaring and enforcing the rights and obligations of members of such incorporated association between themselves, and the rights and obligations between such incorporated association and any member or members thereof.","sortOrder":137},{"sectionNumber":"sec.73","sectionType":"section","heading":"Powers of Supreme Court","content":"### sec.73 Powers of Supreme Court\n\nThe Supreme Court may, on an application brought pursuant to section 72 , grant such relief as is appropriate in the circumstances.\nThe Supreme Court may refuse to entertain such an application, or to make an order on such application, or may refuse an order for costs, or may make an order for costs against a party, whether successful or not, if it is of the opinion that—\nthe issue raised in the application is trivial; or\nhaving regard to the importance of the issue, the nature of the incorporated association, any other available method of resolving the issue, the costs involved, lapse of time, acquiescence or any other relevant circumstance, it was unreasonable to make the application; or\nthe unreasonable or improper conduct of a party has been responsible for the making of an application, or has added to the cost of the proceedings.\ns 73 amd 1995 No. 7 s 3 sch ; 2007 No. 36 s 2 sch\n(sec.73-ssec.1) The Supreme Court may, on an application brought pursuant to section 72 , grant such relief as is appropriate in the circumstances.\n(sec.73-ssec.2) The Supreme Court may refuse to entertain such an application, or to make an order on such application, or may refuse an order for costs, or may make an order for costs against a party, whether successful or not, if it is of the opinion that— the issue raised in the application is trivial; or having regard to the importance of the issue, the nature of the incorporated association, any other available method of resolving the issue, the costs involved, lapse of time, acquiescence or any other relevant circumstance, it was unreasonable to make the application; or the unreasonable or improper conduct of a party has been responsible for the making of an application, or has added to the cost of the proceedings.\n- (a) the issue raised in the application is trivial; or\n- (b) having regard to the importance of the issue, the nature of the incorporated association, any other available method of resolving the issue, the costs involved, lapse of time, acquiescence or any other relevant circumstance, it was unreasonable to make the application; or\n- (c) the unreasonable or improper conduct of a party has been responsible for the making of an application, or has added to the cost of the proceedings.","sortOrder":138},{"sectionNumber":"pt.9","sectionType":"part","heading":"Incorporation of branches and amalgamation of incorporated associations","content":"# Incorporation of branches and amalgamation of incorporated associations","sortOrder":139},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Incorporation of branches","content":"## Incorporation of branches","sortOrder":140},{"sectionNumber":"sec.74","sectionType":"section","heading":"Members of branch may resolve to incorporate","content":"### sec.74 Members of branch may resolve to incorporate\n\nThe members of a branch, or group of branches, of a parent association may decide to incorporate under this Act—\nafter receiving the written agreement of the parent association; and\nby special resolution—\nfor a branch—passed by the members of the branch; or\nfor a group of branches—passed by the members of each branch of the group of branches.\nA group of branches may incorporate even if some or all of the branches are already incorporated.\ns 74 prev s 74 ins 1995 No. 7 s 19\nom 28 November 1995 RA s 39\npres s 74 ins 1995 No. 7 s 10\n(sec.74-ssec.1) The members of a branch, or group of branches, of a parent association may decide to incorporate under this Act— after receiving the written agreement of the parent association; and by special resolution— for a branch—passed by the members of the branch; or for a group of branches—passed by the members of each branch of the group of branches.\n(sec.74-ssec.2) A group of branches may incorporate even if some or all of the branches are already incorporated.\n- (a) after receiving the written agreement of the parent association; and\n- (b) by special resolution— (i) for a branch—passed by the members of the branch; or (ii) for a group of branches—passed by the members of each branch of the group of branches.\n- (i) for a branch—passed by the members of the branch; or\n- (ii) for a group of branches—passed by the members of each branch of the group of branches.\n- (i) for a branch—passed by the members of the branch; or\n- (ii) for a group of branches—passed by the members of each branch of the group of branches.","sortOrder":141},{"sectionNumber":"sec.75","sectionType":"section","heading":"Powers of appointed person","content":"### sec.75 Powers of appointed person\n\nAfter passing the special resolution under section 74 the association must, by resolution of its members, appoint a person (the appointed person ) to prepare an application for the branch or group of branches to be incorporated under this Act.\nThe appointed person may do anything necessary or desirable to obtain the incorporation of the association.\nSubsection (2) has effect despite anything in the association’s rules.\ns 75 ins 1995 No. 7 s 10\n(sec.75-ssec.1) After passing the special resolution under section 74 the association must, by resolution of its members, appoint a person (the appointed person ) to prepare an application for the branch or group of branches to be incorporated under this Act.\n(sec.75-ssec.2) The appointed person may do anything necessary or desirable to obtain the incorporation of the association.\n(sec.75-ssec.3) Subsection (2) has effect despite anything in the association’s rules.","sortOrder":142},{"sectionNumber":"sec.76","sectionType":"section","heading":"Modified application of Act","content":"### sec.76 Modified application of Act\n\nThe provisions of this Act providing for the incorporation of an association apply to the incorporation of a branch, or group of branches, with all necessary changes, all changes made by this division and any changes prescribed by regulation.\nFor provisions dealing with the incorporation of associations, see part 2 .\ns 76 ins 1995 No. 7 s 10\namd 2020 No. 17 s 68 sch 1","sortOrder":143},{"sectionNumber":"sec.77","sectionType":"section","heading":"Obligations of branch","content":"### sec.77 Obligations of branch\n\nThis section applies to a branch, or group of branches, incorporated under this division.\nThe incorporation of a branch, or group of branches, of a parent association does not relieve the members of the incorporated branch of a liability or obligation the members had as members of the parent association.\nFor the branch or group of branches—\nthe parent association’s rules control the membership of the branch or group of branches; and\na member of the branch or group of branches—\nis taken to be a member of the parent association; and\nis under the same liabilities and obligations as members of the parent association.\ns 77 prev s 77 ins 1995 No. 51 s 4 sch\nom 2003 No. 19 s 3 sch\npres s 77 (prev s 43D) ins 1995 No. 7 s 10\n(sec.77-ssec.1) This section applies to a branch, or group of branches, incorporated under this division.\n(sec.77-ssec.2) The incorporation of a branch, or group of branches, of a parent association does not relieve the members of the incorporated branch of a liability or obligation the members had as members of the parent association.\n(sec.77-ssec.3) For the branch or group of branches— the parent association’s rules control the membership of the branch or group of branches; and a member of the branch or group of branches— is taken to be a member of the parent association; and is under the same liabilities and obligations as members of the parent association.\n- (a) the parent association’s rules control the membership of the branch or group of branches; and\n- (b) a member of the branch or group of branches— (i) is taken to be a member of the parent association; and (ii) is under the same liabilities and obligations as members of the parent association.\n- (i) is taken to be a member of the parent association; and\n- (ii) is under the same liabilities and obligations as members of the parent association.\n- (i) is taken to be a member of the parent association; and\n- (ii) is under the same liabilities and obligations as members of the parent association.","sortOrder":144},{"sectionNumber":"sec.78","sectionType":"section","heading":"Branch must have word ‘branch’ in its registered name etc.","content":"### sec.78 Branch must have word ‘branch’ in its registered name etc.\n\nA branch, or group of branches, incorporated under this division must have as part of its registered name—\nthe word ‘branch’; and\nother words identifying it as a branch.\nA branch may identify itself by reference to its locality e.g. ‘XYZ (Mt. Isa Branch) Inc.’\ns 78 ins 1995 No. 7 s 10\namd 2007 No. 16 s 3 sch\n- (a) the word ‘branch’; and\n- (b) other words identifying it as a branch.","sortOrder":145},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Amalgamation of incorporated associations","content":"## Amalgamation of incorporated associations","sortOrder":146},{"sectionNumber":"sec.79","sectionType":"section","heading":"Definitions for division","content":"### sec.79 Definitions for division\n\nIn this division—\nnew association means an incorporated association that is incorporated because of an application to amalgamate made under this division by 2 or more old associations.\nold association means an incorporated association that, with 1 or more other incorporated associations, applies under this division to form a new association.\ns 79 ins 1995 No. 7 s 10","sortOrder":147},{"sectionNumber":"sec.80","sectionType":"section","heading":"Members may resolve to amalgamate","content":"### sec.80 Members may resolve to amalgamate\n\nAn incorporated association may, by special resolution, decide to amalgamate with 1 or more other incorporated associations to form a single incorporated association.\nWithin 3 months after the resolution is passed, the association must give notice of it, in the approved form, to the chief executive.\nMaximum penalty—1 penalty unit.\ns 80 ins 1995 No. 7 s 10\namd 1996 No. 56 s 21 ; 2003 No. 19 s 3 sch\n(sec.80-ssec.1) An incorporated association may, by special resolution, decide to amalgamate with 1 or more other incorporated associations to form a single incorporated association.\n(sec.80-ssec.2) Within 3 months after the resolution is passed, the association must give notice of it, in the approved form, to the chief executive. Maximum penalty—1 penalty unit.","sortOrder":148},{"sectionNumber":"sec.81","sectionType":"section","heading":"Applicant incorporated associations must have agreed rules","content":"### sec.81 Applicant incorporated associations must have agreed rules\n\nEach old association deciding to become a new association may, by special resolution—\nadopt a single set of proposed rules to apply to the new association on its incorporation (the proposed common rules ); and\nelect interim officers for the new association.\nThe proposed common rules may be the model rules.\ns 81 ins 1995 No. 7 s 10\namd 2020 No. 17 s 33\n(sec.81-ssec.1) Each old association deciding to become a new association may, by special resolution— adopt a single set of proposed rules to apply to the new association on its incorporation (the proposed common rules ); and elect interim officers for the new association.\n(sec.81-ssec.2) The proposed common rules may be the model rules.\n- (a) adopt a single set of proposed rules to apply to the new association on its incorporation (the proposed common rules ); and\n- (b) elect interim officers for the new association.","sortOrder":149},{"sectionNumber":"sec.82","sectionType":"section","heading":"Appointment of appointed person to make application","content":"### sec.82 Appointment of appointed person to make application\n\nAfter passing the special resolution, each old association must, by resolution of its members, appoint the same individual (an appointed person ) to prepare an application for the old associations to be incorporated as a new association.\nThe common appointed person may do anything necessary or desirable to obtain the amalgamation of the old associations to form a new association.\nSubsection (2) has effect despite anything in the old associations’ rules.\ns 82 ins 1995 No. 7 s 10\n(sec.82-ssec.1) After passing the special resolution, each old association must, by resolution of its members, appoint the same individual (an appointed person ) to prepare an application for the old associations to be incorporated as a new association.\n(sec.82-ssec.2) The common appointed person may do anything necessary or desirable to obtain the amalgamation of the old associations to form a new association.\n(sec.82-ssec.3) Subsection (2) has effect despite anything in the old associations’ rules.","sortOrder":150},{"sectionNumber":"sec.83","sectionType":"section","heading":"Chief executive may require notices to be sent to creditors","content":"### sec.83 Chief executive may require notices to be sent to creditors\n\nAfter considering an application to amalgamate, the chief executive may require a secretary of an old association involved in the proposed amalgamation to give—\nto the association’s creditors written notice of the application in the approved form; and\nto the chief executive a statutory declaration stating the names and addresses of all of the association’s creditors and stating that each of the creditors was sent a notice under paragraph (a) .\nThe notice under subsection (1) (a) must include a statement that a creditor may notify the chief executive in writing within 21 days after the notice is given to the creditor that the creditor opposes the amalgamation and the reasons for the creditor’s opposition.\nThe secretary must comply with a requirement made under subsection (1) .\nMaximum penalty—10 penalty units.\nIf the chief executive receives a notice from a creditor within the time stated in a notice under subsection (1) (a) , the chief executive must not grant the application without the sanction of the Supreme Court.\ns 83 ins 1995 No. 7 s 10\n(sec.83-ssec.1) After considering an application to amalgamate, the chief executive may require a secretary of an old association involved in the proposed amalgamation to give— to the association’s creditors written notice of the application in the approved form; and to the chief executive a statutory declaration stating the names and addresses of all of the association’s creditors and stating that each of the creditors was sent a notice under paragraph (a) .\n(sec.83-ssec.2) The notice under subsection (1) (a) must include a statement that a creditor may notify the chief executive in writing within 21 days after the notice is given to the creditor that the creditor opposes the amalgamation and the reasons for the creditor’s opposition.\n(sec.83-ssec.3) The secretary must comply with a requirement made under subsection (1) . Maximum penalty—10 penalty units.\n(sec.83-ssec.4) If the chief executive receives a notice from a creditor within the time stated in a notice under subsection (1) (a) , the chief executive must not grant the application without the sanction of the Supreme Court.\n- (a) to the association’s creditors written notice of the application in the approved form; and\n- (b) to the chief executive a statutory declaration stating the names and addresses of all of the association’s creditors and stating that each of the creditors was sent a notice under paragraph (a) .","sortOrder":151},{"sectionNumber":"sec.84","sectionType":"section","heading":"Modified application of Act","content":"### sec.84 Modified application of Act\n\nThe provisions of this Act providing for the incorporation of an association apply to the incorporation of a new association with all necessary changes, all changes made under this division and any changes prescribed by regulation.\nFor provisions dealing with the incorporation of associations, see part 2 .\ns 84 ins 1995 No. 7 s 10\namd 2020 No. 17 s 68 sch 1","sortOrder":152},{"sectionNumber":"sec.85","sectionType":"section","heading":"Certificate of incorporation","content":"### sec.85 Certificate of incorporation\n\nOn registration of a new association, the chief executive must issue the association with a certificate of incorporation.\nHowever, the chief executive may act under subsection (1) only if each of the existing certificates of incorporation of the old associations applying for amalgamation into the new association has been returned to the chief executive or the chief executive is satisfied that the certificate has been lost or destroyed.\ns 85 ins 1995 No. 7 s 10\n(sec.85-ssec.1) On registration of a new association, the chief executive must issue the association with a certificate of incorporation.\n(sec.85-ssec.2) However, the chief executive may act under subsection (1) only if each of the existing certificates of incorporation of the old associations applying for amalgamation into the new association has been returned to the chief executive or the chief executive is satisfied that the certificate has been lost or destroyed.","sortOrder":153},{"sectionNumber":"sec.86","sectionType":"section","heading":"Effect of incorporation","content":"### sec.86 Effect of incorporation\n\nOn the incorporation of a new association—\nthe assets and liabilities of the old associations become the assets and liabilities of the new association; and\nthe incorporation of the old associations is cancelled.\ns 86 ins 1995 No. 7 s 10\n- (a) the assets and liabilities of the old associations become the assets and liabilities of the new association; and\n- (b) the incorporation of the old associations is cancelled.","sortOrder":154},{"sectionNumber":"sec.87","sectionType":"section","heading":"Duty to notify registrar of titles of land or interest in land etc.","content":"### sec.87 Duty to notify registrar of titles of land or interest in land etc.\n\nThe secretary of a new association must ask the registrar of titles, or anyone else who is required to keep a register about dealings in property, (the registering authority ) to record in the appropriate register land or an interest in land gained by the new association because of its incorporation under this division.\nThe secretary must make the request under subsection (1) within 30 days after the new association gains the land or interest in land.\nMaximum penalty—10 penalty units.\nIf asked by the secretary of a new association, the registering authority must make in the appropriate register all entries necessary to record the land or interest in land gained by the new association because of its incorporation under this division.\nThe request must be made in a way that satisfies the usual requirements of the registering authority.\nThe registering authority must comply with the request of the secretary under subsection (1) even if the request is made after the day mentioned in subsection (2) .\ns 87 ins 1995 No. 7 s 10\namd 2001 No. 71 s 551 sch 1\n(sec.87-ssec.1) The secretary of a new association must ask the registrar of titles, or anyone else who is required to keep a register about dealings in property, (the registering authority ) to record in the appropriate register land or an interest in land gained by the new association because of its incorporation under this division.\n(sec.87-ssec.2) The secretary must make the request under subsection (1) within 30 days after the new association gains the land or interest in land. Maximum penalty—10 penalty units.\n(sec.87-ssec.3) If asked by the secretary of a new association, the registering authority must make in the appropriate register all entries necessary to record the land or interest in land gained by the new association because of its incorporation under this division.\n(sec.87-ssec.4) The request must be made in a way that satisfies the usual requirements of the registering authority.\n(sec.87-ssec.5) The registering authority must comply with the request of the secretary under subsection (1) even if the request is made after the day mentioned in subsection (2) .","sortOrder":155},{"sectionNumber":"sec.88","sectionType":"section","heading":"Amalgamation does not affect certain rights and obligations","content":"### sec.88 Amalgamation does not affect certain rights and obligations\n\nThe amalgamation of old associations into a new association does not—\naffect a right or obligation of the old associations or anyone else; or\nmake legal proceedings by or against an old association defective.\nWithout limiting subsection (1) , the amalgamation of the old associations into a new association does not affect a right, obligation or benefit the new association would have had or enjoyed apart from the amalgamation of the old associations.\nAlso, but without limiting subsection (1) , if a legal proceeding might have been continued or started by or against an old association, it may be continued or started by or against the new association.\ns 88 ins 1995 No. 7 s 10\n(sec.88-ssec.1) The amalgamation of old associations into a new association does not— affect a right or obligation of the old associations or anyone else; or make legal proceedings by or against an old association defective.\n(sec.88-ssec.2) Without limiting subsection (1) , the amalgamation of the old associations into a new association does not affect a right, obligation or benefit the new association would have had or enjoyed apart from the amalgamation of the old associations.\n(sec.88-ssec.3) Also, but without limiting subsection (1) , if a legal proceeding might have been continued or started by or against an old association, it may be continued or started by or against the new association.\n- (a) affect a right or obligation of the old associations or anyone else; or\n- (b) make legal proceedings by or against an old association defective.","sortOrder":156},{"sectionNumber":"pt.10","sectionType":"part","heading":"Administration and winding up","content":"# Administration and winding up","sortOrder":157},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Voluntary administration and winding up","content":"## Voluntary administration and winding up","sortOrder":158},{"sectionNumber":"sec.89","sectionType":"section","heading":"Voluntary administration under Corporations Act","content":"### sec.89 Voluntary administration under Corporations Act\n\nThis section provides for the voluntary administration under the Corporations Act of an incorporated association.\nSubsection (3) is made for the purposes of the Corporations (Ancillary Provisions) Act 2001 , part 3 .\nThe voluntary administration of the incorporated association is declared to be an applied Corporations legislation matter in relation to the prescribed provisions, subject to the following changes—\nthe changes to the provisions of the Corporations Act mentioned in schedule 1 ;\nany other changes, within the meaning of the Corporations (Ancillary Provisions) Act 2001 , part 3 , prescribed by regulation.\nIn this section—\nprescribed provisions means—\nthe Corporations Act , part 5.3 A; and\nthe Corporations Act , schedule 2 to the extent it relates to the Corporations Act , part 5.3 A.\ns 89 amd 1981 No. 111 s 23 sch ; 1990 No. 80 s 3 sch 6 ; 1995 No. 7 s 11 ; 1996 No. 56 s 22 ; 1999 No. 63 s 10\nsub 2020 No. 17 s 34\n(sec.89-ssec.1) This section provides for the voluntary administration under the Corporations Act of an incorporated association.\n(sec.89-ssec.2) Subsection (3) is made for the purposes of the Corporations (Ancillary Provisions) Act 2001 , part 3 .\n(sec.89-ssec.3) The voluntary administration of the incorporated association is declared to be an applied Corporations legislation matter in relation to the prescribed provisions, subject to the following changes— the changes to the provisions of the Corporations Act mentioned in schedule 1 ; any other changes, within the meaning of the Corporations (Ancillary Provisions) Act 2001 , part 3 , prescribed by regulation.\n(sec.89-ssec.4) In this section— prescribed provisions means— the Corporations Act , part 5.3 A; and the Corporations Act , schedule 2 to the extent it relates to the Corporations Act , part 5.3 A.\n- (a) the changes to the provisions of the Corporations Act mentioned in schedule 1 ;\n- (b) any other changes, within the meaning of the Corporations (Ancillary Provisions) Act 2001 , part 3 , prescribed by regulation.\n- (a) the Corporations Act , part 5.3 A; and\n- (b) the Corporations Act , schedule 2 to the extent it relates to the Corporations Act , part 5.3 A.","sortOrder":159},{"sectionNumber":"sec.90","sectionType":"section","heading":"Voluntary winding up under Corporations Act","content":"### sec.90 Voluntary winding up under Corporations Act\n\nThis section applies to an incorporated association that has surplus property to be distributed on winding up.\nThe incorporated association may be wound up voluntarily if the association so resolves by special resolution.\nA copy of the special resolution must be lodged with the chief executive within 1 month after the passing of the resolution.\nSubsection (5) is made for the purposes of the Corporations (Ancillary Provisions) Act 2001 , part 3 .\nThe voluntary winding up of the incorporated association is declared to be an applied Corporations legislation matter in relation to the prescribed provisions, subject to the following changes—\nthe changes to the provisions of the Corporations Act mentioned in schedule 1 ;\nany other changes, within the meaning of the Corporations (Ancillary Provisions) Act 2001 , part 3 , prescribed by regulation.\nIn this section—\nprescribed provisions means—\nthe Corporations Act , parts 5.5 and 5 .6; and\nthe Corporations Act , schedule 2 to the extent it relates to the Corporations Act , parts 5.5 and 5 .6.\ns 90 amd 1981 No. 111 s 23 sch ; 1990 No. 80 s 3 sch 6 ; 1995 No. 7 s 12 ; 1999 No. 63 s 11\nsub 2020 No. 17 s 34\n(sec.90-ssec.1) This section applies to an incorporated association that has surplus property to be distributed on winding up.\n(sec.90-ssec.2) The incorporated association may be wound up voluntarily if the association so resolves by special resolution.\n(sec.90-ssec.3) A copy of the special resolution must be lodged with the chief executive within 1 month after the passing of the resolution.\n(sec.90-ssec.4) Subsection (5) is made for the purposes of the Corporations (Ancillary Provisions) Act 2001 , part 3 .\n(sec.90-ssec.5) The voluntary winding up of the incorporated association is declared to be an applied Corporations legislation matter in relation to the prescribed provisions, subject to the following changes— the changes to the provisions of the Corporations Act mentioned in schedule 1 ; any other changes, within the meaning of the Corporations (Ancillary Provisions) Act 2001 , part 3 , prescribed by regulation.\n(sec.90-ssec.6) In this section— prescribed provisions means— the Corporations Act , parts 5.5 and 5 .6; and the Corporations Act , schedule 2 to the extent it relates to the Corporations Act , parts 5.5 and 5 .6.\n- (a) the changes to the provisions of the Corporations Act mentioned in schedule 1 ;\n- (b) any other changes, within the meaning of the Corporations (Ancillary Provisions) Act 2001 , part 3 , prescribed by regulation.\n- (a) the Corporations Act , parts 5.5 and 5 .6; and\n- (b) the Corporations Act , schedule 2 to the extent it relates to the Corporations Act , parts 5.5 and 5 .6.","sortOrder":160},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Winding up by Supreme Court","content":"## Winding up by Supreme Court","sortOrder":161},{"sectionNumber":"sec.91","sectionType":"section","heading":"Grounds on which winding up may be ordered","content":"### sec.91 Grounds on which winding up may be ordered\n\nThe Supreme Court may order the winding up of an incorporated association if—\nthe association has suspended its operations, or has in effect been dormant, for at least 1 year; or\nthe members of the association are reduced in number so as not to constitute a quorum at a general meeting; or\nthe association is unable to pay its debts as and when they become due and payable; or\nthe association carries on any operation by which any member of the association makes a financial gain contrary to this Act; or\nthe association engages in activities inconsistent with its objects; or\nthe affairs of the association are conducted in a way that is oppressive or unfairly prejudicial to, or unfairly discriminatory against, 1 or more members or in a way that is contrary to the interests of the members as a whole; or\nan act or omission, or proposed act or omission, by or on behalf of the association was or would be oppressive or unfairly prejudicial to, or unfairly discriminatory against, 1 or more members or in a way that is contrary to the interests of the members as a whole; or\nthe incorporation of the association was obtained by fraud or mistake; or\nthe Supreme Court considers it is just and equitable that the incorporated association be wound up.\ns 91 amd 1981 No. 111 s 23 sch\nsub 1995 No. 7 s 13\namd 1996 No. 56 s 23 ; 1999 No. 63 s 12 ; 2000 No. 46 s 3 sch\nsub 2001 No. 45 s 29 sch 3\namd 2007 No. 16 s 26 ; 2007 No. 36 s 2 sch; 2008 No. 59 s 139 sch; 2011 No. 45 s 220\nsub 2020 No. 17 s 34\n- (a) the association has suspended its operations, or has in effect been dormant, for at least 1 year; or\n- (b) the members of the association are reduced in number so as not to constitute a quorum at a general meeting; or\n- (c) the association is unable to pay its debts as and when they become due and payable; or\n- (d) the association carries on any operation by which any member of the association makes a financial gain contrary to this Act; or\n- (e) the association engages in activities inconsistent with its objects; or\n- (f) the affairs of the association are conducted in a way that is oppressive or unfairly prejudicial to, or unfairly discriminatory against, 1 or more members or in a way that is contrary to the interests of the members as a whole; or\n- (g) an act or omission, or proposed act or omission, by or on behalf of the association was or would be oppressive or unfairly prejudicial to, or unfairly discriminatory against, 1 or more members or in a way that is contrary to the interests of the members as a whole; or\n- (h) the incorporation of the association was obtained by fraud or mistake; or\n- (i) the Supreme Court considers it is just and equitable that the incorporated association be wound up.","sortOrder":162},{"sectionNumber":"sec.91A","sectionType":"section","heading":"By whom application may be made","content":"### sec.91A By whom application may be made\n\nAn application to the Supreme Court for the winding up of an incorporated association may be made by—\nthe incorporated association; or\na member of the incorporated association; or\nthe chief executive; or\nif the application is based on the ground mentioned in section 91 (c) —a creditor.\ns 91A ins 2020 No. 17 s 34\n- (a) the incorporated association; or\n- (b) a member of the incorporated association; or\n- (c) the chief executive; or\n- (d) if the application is based on the ground mentioned in section 91 (c) —a creditor.","sortOrder":163},{"sectionNumber":"sec.91B","sectionType":"section","heading":"Application of Corporations Act","content":"### sec.91B Application of Corporations Act\n\nThis section provides for the winding up by the Supreme Court under the Corporations Act of an incorporated association.\nSubsection (3) is made for the purposes of the Corporations (Ancillary Provisions) Act 2001 , part 3 .\nThe winding up by the Supreme Court of the incorporated association is declared to be an applied Corporations legislation matter in relation to the prescribed provisions, subject to the following changes—\nthe changes to the provisions of the Corporations Act mentioned in schedule 1 ;\nany other changes, within the meaning of the Corporations (Ancillary Provisions) Act 2001 , part 3 , prescribed by regulation.\nIn this section—\nprescribed provisions means—\nthe Corporations Act , parts 5.7 and 5 .7B, divisions 1 and 2 ; and\nthe Corporations Act , schedule 2 to the extent it relates to the Corporations Act , parts 5.7 and 5 .7B, divisions 1 and 2 .\ns 91B ins 2020 No. 17 s 34\n(sec.91B-ssec.1) This section provides for the winding up by the Supreme Court under the Corporations Act of an incorporated association.\n(sec.91B-ssec.2) Subsection (3) is made for the purposes of the Corporations (Ancillary Provisions) Act 2001 , part 3 .\n(sec.91B-ssec.3) The winding up by the Supreme Court of the incorporated association is declared to be an applied Corporations legislation matter in relation to the prescribed provisions, subject to the following changes— the changes to the provisions of the Corporations Act mentioned in schedule 1 ; any other changes, within the meaning of the Corporations (Ancillary Provisions) Act 2001 , part 3 , prescribed by regulation.\n(sec.91B-ssec.4) In this section— prescribed provisions means— the Corporations Act , parts 5.7 and 5 .7B, divisions 1 and 2 ; and the Corporations Act , schedule 2 to the extent it relates to the Corporations Act , parts 5.7 and 5 .7B, divisions 1 and 2 .\n- (a) the changes to the provisions of the Corporations Act mentioned in schedule 1 ;\n- (b) any other changes, within the meaning of the Corporations (Ancillary Provisions) Act 2001 , part 3 , prescribed by regulation.\n- (a) the Corporations Act , parts 5.7 and 5 .7B, divisions 1 and 2 ; and\n- (b) the Corporations Act , schedule 2 to the extent it relates to the Corporations Act , parts 5.7 and 5 .7B, divisions 1 and 2 .","sortOrder":164},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":165},{"sectionNumber":"sec.91C","sectionType":"section","heading":"Further application of miscellaneous provisions under Corporations Act","content":"### sec.91C Further application of miscellaneous provisions under Corporations Act\n\nAny matter declared under this part to be an applied Corporations legislation matter is, in addition, an applied Corporations legislation matter in relation to the Corporations Act , part 5.9 , divisions 3 and 4 , subject to the following changes—\nthe changes to the provisions of the Corporations Act mentioned in schedule 1 ;\nany other changes, within the meaning of the Corporations (Ancillary Provisions) Act 2001 , part 3 , prescribed by regulation.\ns 91C ins 2020 No. 17 s 34\n- (a) the changes to the provisions of the Corporations Act mentioned in schedule 1 ;\n- (b) any other changes, within the meaning of the Corporations (Ancillary Provisions) Act 2001 , part 3 , prescribed by regulation.","sortOrder":166},{"sectionNumber":"sec.92","sectionType":"section","heading":"Distribution of surplus assets","content":"### sec.92 Distribution of surplus assets\n\nWhere, upon the winding up of an incorporated association, a special resolution relating to the distribution of the surplus assets of the incorporated association has been passed by its members in accordance with its rules, all surplus assets shall, subject to any trust affecting the same, be disposed of in the manner so resolved.\nWhere no such special resolution has been passed—\nthe chief executive may by gazette notice vest all or any of the surplus assets of the incorporated association in the public trustee; and\nsubject to paragraph (c) the surplus assets vested in the public trustee under this subsection shall be held upon the trusts and for the purposes upon or for which they were held prior to being vested in the public trustee; and\nthe chief executive may by gazette notice vary the trusts or purposes mentioned in paragraph (b) and may by the same or another gazette notice vest those surplus assets or any part of them in stated entities for stated purposes; and\nthe receipt of the public trustee shall be a sufficient discharge to any persons paying or transferring any surplus assets under this subsection as to the surplus assets paid or transferred, and the said persons shall not thereafter be liable or accountable therefor or be bound to see to the application, distribution, or appropriation thereof.\nThis section applies despite any provision of the Corporations Act applied under this part.\nIn this section—\nsurplus assets means, in relation to the incorporated association, the assets after payment of the debts and liabilities remaining on a winding up of the incorporated association and the costs, charges and expenses of the winding up.\ns 92 amd 1995 No. 7 s 3 sch ; 1996 No. 56 s 24 ; 1999 No. 63 s 13 ; 2001 No. 45 s 29 sch 3 ; 2007 No. 36 s 2 sch ; 2020 No. 17 s 35\n(sec.92-ssec.1) Where, upon the winding up of an incorporated association, a special resolution relating to the distribution of the surplus assets of the incorporated association has been passed by its members in accordance with its rules, all surplus assets shall, subject to any trust affecting the same, be disposed of in the manner so resolved.\n(sec.92-ssec.2) Where no such special resolution has been passed— the chief executive may by gazette notice vest all or any of the surplus assets of the incorporated association in the public trustee; and subject to paragraph (c) the surplus assets vested in the public trustee under this subsection shall be held upon the trusts and for the purposes upon or for which they were held prior to being vested in the public trustee; and the chief executive may by gazette notice vary the trusts or purposes mentioned in paragraph (b) and may by the same or another gazette notice vest those surplus assets or any part of them in stated entities for stated purposes; and the receipt of the public trustee shall be a sufficient discharge to any persons paying or transferring any surplus assets under this subsection as to the surplus assets paid or transferred, and the said persons shall not thereafter be liable or accountable therefor or be bound to see to the application, distribution, or appropriation thereof.\n(sec.92-ssec.2A) This section applies despite any provision of the Corporations Act applied under this part.\n(sec.92-ssec.3) In this section— surplus assets means, in relation to the incorporated association, the assets after payment of the debts and liabilities remaining on a winding up of the incorporated association and the costs, charges and expenses of the winding up.\n- (a) the chief executive may by gazette notice vest all or any of the surplus assets of the incorporated association in the public trustee; and\n- (b) subject to paragraph (c) the surplus assets vested in the public trustee under this subsection shall be held upon the trusts and for the purposes upon or for which they were held prior to being vested in the public trustee; and\n- (c) the chief executive may by gazette notice vary the trusts or purposes mentioned in paragraph (b) and may by the same or another gazette notice vest those surplus assets or any part of them in stated entities for stated purposes; and\n- (d) the receipt of the public trustee shall be a sufficient discharge to any persons paying or transferring any surplus assets under this subsection as to the surplus assets paid or transferred, and the said persons shall not thereafter be liable or accountable therefor or be bound to see to the application, distribution, or appropriation thereof.","sortOrder":167},{"sectionNumber":"pt.11","sectionType":"part","heading":"Cancellation","content":"# Cancellation","sortOrder":168},{"sectionNumber":"sec.92A","sectionType":"section","heading":"Application for cancellation of incorporation","content":"### sec.92A Application for cancellation of incorporation\n\nAn application may be made to the chief executive to cancel the incorporation of an incorporated association if the association—\nhas no outstanding debts or liabilities; and\nhas paid all fees and penalties applying to it under this Act; and\nis not a party to any legal proceedings.\nThe application may be made only by—\nif the association has passed a special resolution under its rules approving the making of the application—the association; or\nif the association is under voluntary administration—the administrator of the association.\nThe application must be in the approved form and accompanied by—\na declaration by the applicant—\nthat all of the matters mentioned in subsection (1) exist in relation to the association; and\nthat the applicant is qualified under subsection (2) to make the application; and\nsetting out the reasons why the applicant has formed the view that the incorporation of the association should be cancelled; and\nif subsection (2) (a) applies—a copy of the special resolution passed by the association—\napproving the making of the application; and\nproviding for the distribution of the surplus assets of the association; and\nthe prescribed fee.\nIf the application is made by an association that has passed a special resolution mentioned in subsection (2) (a) , the application must be made within 1 month after the passing of the special resolution.\nIn this section—\nsurplus assets , in relation to the cancellation of the incorporation of an association, means those assets that remain after the liabilities of the association have been discharged and the costs and expenses of the cancellation have been paid.\ns 92A ins 2020 No. 17 s 36\n(sec.92A-ssec.1) An application may be made to the chief executive to cancel the incorporation of an incorporated association if the association— has no outstanding debts or liabilities; and has paid all fees and penalties applying to it under this Act; and is not a party to any legal proceedings.\n(sec.92A-ssec.2) The application may be made only by— if the association has passed a special resolution under its rules approving the making of the application—the association; or if the association is under voluntary administration—the administrator of the association.\n(sec.92A-ssec.3) The application must be in the approved form and accompanied by— a declaration by the applicant— that all of the matters mentioned in subsection (1) exist in relation to the association; and that the applicant is qualified under subsection (2) to make the application; and setting out the reasons why the applicant has formed the view that the incorporation of the association should be cancelled; and if subsection (2) (a) applies—a copy of the special resolution passed by the association— approving the making of the application; and providing for the distribution of the surplus assets of the association; and the prescribed fee.\n(sec.92A-ssec.4) If the application is made by an association that has passed a special resolution mentioned in subsection (2) (a) , the application must be made within 1 month after the passing of the special resolution.\n(sec.92A-ssec.5) In this section— surplus assets , in relation to the cancellation of the incorporation of an association, means those assets that remain after the liabilities of the association have been discharged and the costs and expenses of the cancellation have been paid.\n- (a) has no outstanding debts or liabilities; and\n- (b) has paid all fees and penalties applying to it under this Act; and\n- (c) is not a party to any legal proceedings.\n- (a) if the association has passed a special resolution under its rules approving the making of the application—the association; or\n- (b) if the association is under voluntary administration—the administrator of the association.\n- (a) a declaration by the applicant— (i) that all of the matters mentioned in subsection (1) exist in relation to the association; and (ii) that the applicant is qualified under subsection (2) to make the application; and (iii) setting out the reasons why the applicant has formed the view that the incorporation of the association should be cancelled; and\n- (i) that all of the matters mentioned in subsection (1) exist in relation to the association; and\n- (ii) that the applicant is qualified under subsection (2) to make the application; and\n- (iii) setting out the reasons why the applicant has formed the view that the incorporation of the association should be cancelled; and\n- (b) if subsection (2) (a) applies—a copy of the special resolution passed by the association— (i) approving the making of the application; and (ii) providing for the distribution of the surplus assets of the association; and\n- (i) approving the making of the application; and\n- (ii) providing for the distribution of the surplus assets of the association; and\n- (c) the prescribed fee.\n- (i) that all of the matters mentioned in subsection (1) exist in relation to the association; and\n- (ii) that the applicant is qualified under subsection (2) to make the application; and\n- (iii) setting out the reasons why the applicant has formed the view that the incorporation of the association should be cancelled; and\n- (i) approving the making of the application; and\n- (ii) providing for the distribution of the surplus assets of the association; and","sortOrder":169},{"sectionNumber":"sec.92B","sectionType":"section","heading":"Consideration of application","content":"### sec.92B Consideration of application\n\nThe chief executive may make any inquiries necessary to establish the validity of any information provided in a declaration under section 92A (3) (a) .\nThe chief executive may require the applicant to provide further information or documents to enable the chief executive to decide the application.\ns 92B ins 2020 No. 17 s 36\n(sec.92B-ssec.1) The chief executive may make any inquiries necessary to establish the validity of any information provided in a declaration under section 92A (3) (a) .\n(sec.92B-ssec.2) The chief executive may require the applicant to provide further information or documents to enable the chief executive to decide the application.","sortOrder":170},{"sectionNumber":"sec.92C","sectionType":"section","heading":"Cancellation of incorporation on application","content":"### sec.92C Cancellation of incorporation on application\n\nThe chief executive must cancel the incorporation of an incorporated association on an application made under section 92A if the chief executive is satisfied of the matters mentioned in section 92A (1) .\nHowever, if the application is made under section 92A (2) (a) , the chief executive must not cancel the incorporation of the association unless the association has given the chief executive evidence of the distribution of the surplus assets of the association under the special resolution.\ns 92C ins 2020 No. 17 s 36\n(sec.92C-ssec.1) The chief executive must cancel the incorporation of an incorporated association on an application made under section 92A if the chief executive is satisfied of the matters mentioned in section 92A (1) .\n(sec.92C-ssec.2) However, if the application is made under section 92A (2) (a) , the chief executive must not cancel the incorporation of the association unless the association has given the chief executive evidence of the distribution of the surplus assets of the association under the special resolution.","sortOrder":171},{"sectionNumber":"sec.93","sectionType":"section","heading":"Cancellation of incorporation by chief executive—generally","content":"### sec.93 Cancellation of incorporation by chief executive—generally\n\nIn any case where the chief executive has reasonable cause to believe that on any 1 or more of the following grounds—\nan incorporated association is carrying on or proposes to carry on any operation which is beyond the scope of the objects of the incorporated association;\nan incorporated association has ceased to exist;\nan incorporated association is, by the nature of its operations or transactions, doing anything which would have excluded it from incorporation under this Act;\nan incorporated association has less than 7 members;\nin the opinion of the chief executive, circumstances exist which, in the public interest, justify the cancellation of the incorporation of an incorporated association;\nan incorporated association has not lodged with the chief executive the documents required to be lodged under part 6 , division 2 ;\nit is desirable that the incorporation of an incorporated association be cancelled, the chief executive may serve, on a person appearing to the chief executive from records kept under this Act to be a relevant officer of the incorporated association, a notice—\nsetting out the ground or grounds for the proposed cancellation of the incorporation of the incorporated association; and\nrequiring the relevant officer within 1 month from the date of the notice, to satisfy the chief executive why the incorporation of the incorporated association should not be cancelled; and\nstating that unless the chief executive is so satisfied by the relevant officer within that period, the chief executive will cancel the incorporation of the incorporated association.\nIf the chief executive is not satisfied as provided in subsection (1) within the time specified therein, the chief executive shall cancel the incorporation of the incorporated association and serve, on the person served with a notice under subsection (1) , a notice that the incorporation of the incorporated association is cancelled.\nIn this section—\nrelevant officer , of an incorporated association, means—\nthe secretary or another officer of the incorporated association; or\nif the incorporated association has ceased to exist—a person appearing to the chief executive to have been the last known secretary or other officer of the incorporated association.\ns 93 amd 1990 No. 80 s 3 sch 6 ; 1995 No. 7 s 3 sch ; 2002 No. 13 s 5 ; 2007 No. 16 s 27 ; 2020 No. 17 s 37; 2022 No. 27 s 80\n(sec.93-ssec.1) In any case where the chief executive has reasonable cause to believe that on any 1 or more of the following grounds— an incorporated association is carrying on or proposes to carry on any operation which is beyond the scope of the objects of the incorporated association; an incorporated association has ceased to exist; an incorporated association is, by the nature of its operations or transactions, doing anything which would have excluded it from incorporation under this Act; an incorporated association has less than 7 members; in the opinion of the chief executive, circumstances exist which, in the public interest, justify the cancellation of the incorporation of an incorporated association; an incorporated association has not lodged with the chief executive the documents required to be lodged under part 6 , division 2 ; it is desirable that the incorporation of an incorporated association be cancelled, the chief executive may serve, on a person appearing to the chief executive from records kept under this Act to be a relevant officer of the incorporated association, a notice— setting out the ground or grounds for the proposed cancellation of the incorporation of the incorporated association; and requiring the relevant officer within 1 month from the date of the notice, to satisfy the chief executive why the incorporation of the incorporated association should not be cancelled; and stating that unless the chief executive is so satisfied by the relevant officer within that period, the chief executive will cancel the incorporation of the incorporated association.\n(sec.93-ssec.2) If the chief executive is not satisfied as provided in subsection (1) within the time specified therein, the chief executive shall cancel the incorporation of the incorporated association and serve, on the person served with a notice under subsection (1) , a notice that the incorporation of the incorporated association is cancelled.\n(sec.93-ssec.3) In this section— relevant officer , of an incorporated association, means— the secretary or another officer of the incorporated association; or if the incorporated association has ceased to exist—a person appearing to the chief executive to have been the last known secretary or other officer of the incorporated association.\n- (a) an incorporated association is carrying on or proposes to carry on any operation which is beyond the scope of the objects of the incorporated association;\n- (b) an incorporated association has ceased to exist;\n- (c) an incorporated association is, by the nature of its operations or transactions, doing anything which would have excluded it from incorporation under this Act;\n- (d) an incorporated association has less than 7 members;\n- (e) in the opinion of the chief executive, circumstances exist which, in the public interest, justify the cancellation of the incorporation of an incorporated association;\n- (f) an incorporated association has not lodged with the chief executive the documents required to be lodged under part 6 , division 2 ;\n- (g) setting out the ground or grounds for the proposed cancellation of the incorporation of the incorporated association; and\n- (h) requiring the relevant officer within 1 month from the date of the notice, to satisfy the chief executive why the incorporation of the incorporated association should not be cancelled; and\n- (i) stating that unless the chief executive is so satisfied by the relevant officer within that period, the chief executive will cancel the incorporation of the incorporated association.\n- (a) the secretary or another officer of the incorporated association; or\n- (b) if the incorporated association has ceased to exist—a person appearing to the chief executive to have been the last known secretary or other officer of the incorporated association.","sortOrder":172},{"sectionNumber":"sec.93A","sectionType":"section","heading":"Chief executive may require information from financial institutions before cancelling incorporation","content":"### sec.93A Chief executive may require information from financial institutions before cancelling incorporation\n\nThis section applies if—\nthe chief executive has served a notice on a relevant officer of an incorporated association under section 93 (1) ; and\nthe chief executive considers a financial institution may hold, or have held, an account in the name of the incorporated association.\nThe chief executive may, by written notice, require a person who is the manager or other principal officer of the financial institution to give the chief executive, within a stated reasonable time, stated information about—\nany accounts held by the incorporated association with the financial institution; and\nthe balance of each account held.\nThe person must comply with the notice.\nMaximum penalty—10 penalty units.\ns 93A ins 2003 No. 94 s 5\n(sec.93A-ssec.1) This section applies if— the chief executive has served a notice on a relevant officer of an incorporated association under section 93 (1) ; and the chief executive considers a financial institution may hold, or have held, an account in the name of the incorporated association.\n(sec.93A-ssec.2) The chief executive may, by written notice, require a person who is the manager or other principal officer of the financial institution to give the chief executive, within a stated reasonable time, stated information about— any accounts held by the incorporated association with the financial institution; and the balance of each account held.\n(sec.93A-ssec.3) The person must comply with the notice. Maximum penalty—10 penalty units.\n- (a) the chief executive has served a notice on a relevant officer of an incorporated association under section 93 (1) ; and\n- (b) the chief executive considers a financial institution may hold, or have held, an account in the name of the incorporated association.\n- (a) any accounts held by the incorporated association with the financial institution; and\n- (b) the balance of each account held.","sortOrder":173},{"sectionNumber":"sec.93B","sectionType":"section","heading":"Cancellation of incorporation by chief executive—adverse order or industrial penalty","content":"### sec.93B Cancellation of incorporation by chief executive—adverse order or industrial penalty\n\nThis section applies if the industrial registrar gives the chief executive notice that an adverse order has been made, or an industrial penalty has been imposed, against an incorporated association or an officer or member of an incorporated association.\nThe chief executive must cancel the incorporation of the incorporated association.\nThe chief executive must give a written notice about the cancellation to—\na person who is last known to the chief executive as the secretary or another officer of the incorporated association before the cancellation; and\nthe industrial registrar.\nA notice under subsection (3) must state—\nthe reason for the cancellation; and\nfor the notice given to the industrial registrar—the name of each person who was known to the chief executive as an officer of the incorporated association immediately before the incorporation was cancelled.\nIn this section—\nadverse order means an order under the Industrial Relations Act 2016 , section 293A , 483B or 483D .\nindustrial penalty means a penalty, including a civil penalty, under the Industrial Relations Act 2016 .\ns 93B ins 2022 No. 27 s 81\n(sec.93B-ssec.1) This section applies if the industrial registrar gives the chief executive notice that an adverse order has been made, or an industrial penalty has been imposed, against an incorporated association or an officer or member of an incorporated association.\n(sec.93B-ssec.2) The chief executive must cancel the incorporation of the incorporated association.\n(sec.93B-ssec.3) The chief executive must give a written notice about the cancellation to— a person who is last known to the chief executive as the secretary or another officer of the incorporated association before the cancellation; and the industrial registrar.\n(sec.93B-ssec.4) A notice under subsection (3) must state— the reason for the cancellation; and for the notice given to the industrial registrar—the name of each person who was known to the chief executive as an officer of the incorporated association immediately before the incorporation was cancelled.\n(sec.93B-ssec.5) In this section— adverse order means an order under the Industrial Relations Act 2016 , section 293A , 483B or 483D . industrial penalty means a penalty, including a civil penalty, under the Industrial Relations Act 2016 .\n- (a) a person who is last known to the chief executive as the secretary or another officer of the incorporated association before the cancellation; and\n- (b) the industrial registrar.\n- (a) the reason for the cancellation; and\n- (b) for the notice given to the industrial registrar—the name of each person who was known to the chief executive as an officer of the incorporated association immediately before the incorporation was cancelled.","sortOrder":174},{"sectionNumber":"sec.94","sectionType":"section","heading":"Vesting of property on cancellation","content":"### sec.94 Vesting of property on cancellation\n\nWhere the incorporation of an incorporated association is cancelled under section 93 or 93B —\nthe chief executive may by gazette notice vest all or any property of such association in the public trustee; and\nsubject to paragraph (c) the property vested in the public trustee under this section shall be held upon the trusts and for the purposes upon or for which they were held prior to being vested in the public trustee; and\nthe chief executive may by gazette notice vary the trusts or purposes referred to in paragraph (b) and may by the same or any subsequent gazette notice vest that property or any part thereof in such persons or incorporated associations and for such purposes as the chief executive shall specify; and\nthe receipt of the public trustee shall be sufficient discharge to any persons paying or transferring any property under this section as to the property paid or transferred, and the said persons shall not thereafter be liable or accountable therefor or be bound to see to the application, distribution or appropriation thereof.\ns 94 amd 1995 No. 7 s 3 sch ; 1996 No. 56 s 25 ; 2003 No. 94 s 6 ; 2007 No. 36 s 2 sch ; 2022 No. 27 s 82\n- (a) the chief executive may by gazette notice vest all or any property of such association in the public trustee; and\n- (b) subject to paragraph (c) the property vested in the public trustee under this section shall be held upon the trusts and for the purposes upon or for which they were held prior to being vested in the public trustee; and\n- (c) the chief executive may by gazette notice vary the trusts or purposes referred to in paragraph (b) and may by the same or any subsequent gazette notice vest that property or any part thereof in such persons or incorporated associations and for such purposes as the chief executive shall specify; and\n- (d) the receipt of the public trustee shall be sufficient discharge to any persons paying or transferring any property under this section as to the property paid or transferred, and the said persons shall not thereafter be liable or accountable therefor or be bound to see to the application, distribution or appropriation thereof.","sortOrder":175},{"sectionNumber":"pt.12","sectionType":"part","heading":"Reinstatement","content":"# Reinstatement","sortOrder":176},{"sectionNumber":"sec.94A","sectionType":"section","heading":"Definitions for part","content":"### sec.94A Definitions for part\n\nIn this part—\nderegistered association means an association that—\nhas been deregistered under the provisions of the Corporations Act applied under part 10 ; or\nhas been dissolved under the repealed part 5.6 , division 8 of the Corporations Law; or\nhas had its incorporation cancelled under section 92C , 93 or 93B .\ns 94A def deregistered association amd 2001 No. 45 s 29 sch 3 ; 2020 No. 17 s 38 (2) , (3) ; 2022 No. 27 s 83\nderegistration means—\nderegistration under the provisions of the Corporations Act applied under part 10 ; or\ndissolution under the repealed part 5.6 , division 8 of the Corporations Law; or\ncancellation of incorporation under section 92C , 93 or 93B .\ns 94A def deregistration amd 2001 No. 45 s 29 sch 3 ; 2020 No. 17 s 38 (2) , (3) ; 2022 No. 27 s 83\nreinstate , the registration of an association, includes reinstate the registration of an association dissolved under the repealed part 5.6 , division 8 of the Corporations Law.\ns 94A ins 1999 No. 63 s 14\namd 2020 No. 17 s 38\n- (a) has been deregistered under the provisions of the Corporations Act applied under part 10 ; or\n- (b) has been dissolved under the repealed part 5.6 , division 8 of the Corporations Law; or\n- (c) has had its incorporation cancelled under section 92C , 93 or 93B .\n- (a) deregistration under the provisions of the Corporations Act applied under part 10 ; or\n- (b) dissolution under the repealed part 5.6 , division 8 of the Corporations Law; or\n- (c) cancellation of incorporation under section 92C , 93 or 93B .","sortOrder":177},{"sectionNumber":"sec.94B","sectionType":"section","heading":"Reinstatement","content":"### sec.94B Reinstatement\n\nThe chief executive may, on the application of a person or on the chief executive’s own initiative, reinstate the registration of a deregistered association if the chief executive is satisfied the association should not have been deregistered.\nA person aggrieved by the deregistration, or a former liquidator of a deregistered association, may apply to the Supreme Court for an order that the chief executive reinstate the association’s registration.\nThe court may make the order if it is satisfied it is just to do so.\nIf the court makes the order, it may—\nvalidate anything done between the deregistration and reinstatement; and\nmake any other order it considers appropriate.\nAn order that property vested in the public trustee under section 94 be transferred to another person.\ns 94B ins 1999 No. 63 s 14\n(sec.94B-ssec.1) The chief executive may, on the application of a person or on the chief executive’s own initiative, reinstate the registration of a deregistered association if the chief executive is satisfied the association should not have been deregistered.\n(sec.94B-ssec.2) A person aggrieved by the deregistration, or a former liquidator of a deregistered association, may apply to the Supreme Court for an order that the chief executive reinstate the association’s registration.\n(sec.94B-ssec.3) The court may make the order if it is satisfied it is just to do so.\n(sec.94B-ssec.4) If the court makes the order, it may— validate anything done between the deregistration and reinstatement; and make any other order it considers appropriate. An order that property vested in the public trustee under section 94 be transferred to another person.\n- (a) validate anything done between the deregistration and reinstatement; and\n- (b) make any other order it considers appropriate. Example of an order under paragraph (b) — An order that property vested in the public trustee under section 94 be transferred to another person.","sortOrder":178},{"sectionNumber":"sec.94C","sectionType":"section","heading":"Chief executive to give notice of reinstatement","content":"### sec.94C Chief executive to give notice of reinstatement\n\nIf an association’s registration is reinstated, the chief executive must give notice of the reinstatement to the association’s secretary.\nIf an association’s registration is reinstated under section 94B (1) on the application of a person, the chief executive must also give notice of the reinstatement to the person.\ns 94C ins 1999 No. 63 s 14\n(sec.94C-ssec.1) If an association’s registration is reinstated, the chief executive must give notice of the reinstatement to the association’s secretary.\n(sec.94C-ssec.2) If an association’s registration is reinstated under section 94B (1) on the application of a person, the chief executive must also give notice of the reinstatement to the person.","sortOrder":179},{"sectionNumber":"sec.94D","sectionType":"section","heading":"Effect of reinstatement","content":"### sec.94D Effect of reinstatement\n\nOn the reinstatement of an association’s registration—\nthe association is taken to have continued in existence as if it had not been deregistered; and\na member of the management committee of the association immediately before the deregistration again becomes a member of the management committee of the association; and\nany property of the association that is still vested in the public trustee revests in the association; and\nif the association held property subject to a security or other interest or claim, the association takes the property subject to the security or other interest or claim.\nHowever, reinstatement does not affect anything done, before the reinstatement, by the public trustee under this Act in relation to the association’s property on its deregistration.\ns 94D ins 1999 No. 63 s 14\namd 2020 No. 17 s 39\n(sec.94D-ssec.1) On the reinstatement of an association’s registration— the association is taken to have continued in existence as if it had not been deregistered; and a member of the management committee of the association immediately before the deregistration again becomes a member of the management committee of the association; and any property of the association that is still vested in the public trustee revests in the association; and if the association held property subject to a security or other interest or claim, the association takes the property subject to the security or other interest or claim.\n(sec.94D-ssec.2) However, reinstatement does not affect anything done, before the reinstatement, by the public trustee under this Act in relation to the association’s property on its deregistration.\n- (a) the association is taken to have continued in existence as if it had not been deregistered; and\n- (b) a member of the management committee of the association immediately before the deregistration again becomes a member of the management committee of the association; and\n- (c) any property of the association that is still vested in the public trustee revests in the association; and\n- (d) if the association held property subject to a security or other interest or claim, the association takes the property subject to the security or other interest or claim.","sortOrder":180},{"sectionNumber":"pt.13","sectionType":"part","heading":"Change in status of incorporated associations and other entities","content":"# Change in status of incorporated associations and other entities","sortOrder":181},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":182},{"sectionNumber":"sec.95","sectionType":"section","heading":"Purpose of part","content":"### sec.95 Purpose of part\n\nThe purpose of this part is to facilitate changes in the status of incorporated associations and certain other entities.\ns 95 ins 1994 No. 48 s 50\nsub 1997 No. 39 s 472 sch 7","sortOrder":183},{"sectionNumber":"sec.96","sectionType":"section","heading":"Definitions","content":"### sec.96 Definitions\n\nIn this part—\neligible friendly society ...\ns 96 def eligible friendly society om 1999 No. 27 s 76 sch 1 pt 3\nformer society ...\ns 96 def former society amd 1997 No. 39 s 472 sch 7 ; 1999 No. 27 s 76 sch 1 pt 3\nom 2020 No. 18 s 63 (1)\nregistrar means the Registrar under the Co-operatives National Law (Queensland) .\ns 96 def registrar sub 1997 No. 39 s 472 sch 7 ; 1999 No. 27 s 76 sch 1 pt 3 ; 2020 No. 18 s 63 (1) – (2)\ntransfer day , for a co-operative that becomes an incorporated association under this part, means the day when the chief executive issues a certificate of incorporation for the former co-operative.\ns 96 def transfer day sub 1997 No. 39 s 472 sch 7\namd 1999 No. 27 s 76 sch 1 pt 3 ; 2020 No. 18 s 63 (3)\ns 96 ins 1994 No. 48 s 50","sortOrder":184},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 ins 1994 No. 48 s 50\namd 1996 No. 56 s 26\nom 1999 No. 27 s 76 sch 1 pt 3","sortOrder":185},{"sectionNumber":"sec.97A","sectionType":"section","heading":null,"content":"### Section sec.97A\n\ns 97A ins 1996 No. 56 s 27\nom 1999 No. 27 s 76 sch 1 pt 3","sortOrder":186},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 ins 1994 No. 48 s 50\namd 1996 No. 56 s 28\nom 1999 No. 27 s 76 sch 1 pt 3","sortOrder":187},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 ins 1994 No. 48 s 50\namd 1997 No. 39 s 472 sch 7\nom 1999 No. 27 s 76 sch 1 pt 3","sortOrder":188},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 ins 1994 No. 48 s 50\nom 1999 No. 27 s 76 sch 1 pt 3","sortOrder":189},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 ins 1994 No. 48 s 50\nom 1999 No. 27 s 76 sch 1 pt 3","sortOrder":190},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 ins 1994 No. 48 s 50\nom 1999 No. 27 s 76 sch 1 pt 3","sortOrder":191},{"sectionNumber":"sec.103","sectionType":"section","heading":null,"content":"### Section sec.103\n\ns 103 ins 1994 No. 48 s 50\nom 1999 No. 27 s 76 sch 1 pt 3","sortOrder":192},{"sectionNumber":"sec.104","sectionType":"section","heading":null,"content":"### Section sec.104\n\ns 104 ins 1994 No. 48 s 50\nsub 1996 No. 56 s 29\nom 1999 No. 27 s 76 sch 1 pt 3","sortOrder":193},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 ins 1994 No. 48 s 50\namd 1996 No. 56 s 30\nom 1999 No. 27 s 76 sch 1 pt 3","sortOrder":194},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Incorporation of co-operatives","content":"## Incorporation of co-operatives","sortOrder":195},{"sectionNumber":"sec.105A","sectionType":"section","heading":"Application of division","content":"### sec.105A Application of division\n\nThis division does not apply to a co-operative if, under the Co-operatives National Law (Queensland) —\nthe registrar has given the co-operative a direction to transfer its engagements to another co-operative and the direction is still in force; or\nan administrator is conducting the co-operative’s affairs; or\nthe registrar has given the co-operative a direction about the way it is to exercise its functions in relation to the activities of the co-operative in obtaining financial accommodation and the direction is still in force; or\nthe co-operative is being wound-up; or\nan application to wind-up the co-operative has been made but the application has not been finally dealt with; or\nthe co-operative is being deregistered; or\na receiver, or receiver and manager, is acting for the co-operative; or\nthe administration of a compromise or arrangement between the co-operative and its creditors has not been finalised; or\nan application has been made to a court for approval of a compromise or arrangement between the co-operative and its creditors but the court has not approved or refused to approve the application.\ns 105A ins 1997 No. 39 s 472 sch 7\namd 1999 No. 63 s 15 ; 2020 No. 18 s 65 s ch 1 pt 2\n- (a) the registrar has given the co-operative a direction to transfer its engagements to another co-operative and the direction is still in force; or\n- (b) an administrator is conducting the co-operative’s affairs; or\n- (c) the registrar has given the co-operative a direction about the way it is to exercise its functions in relation to the activities of the co-operative in obtaining financial accommodation and the direction is still in force; or\n- (d) the co-operative is being wound-up; or\n- (e) an application to wind-up the co-operative has been made but the application has not been finally dealt with; or\n- (f) the co-operative is being deregistered; or\n- (g) a receiver, or receiver and manager, is acting for the co-operative; or\n- (h) the administration of a compromise or arrangement between the co-operative and its creditors has not been finalised; or\n- (i) an application has been made to a court for approval of a compromise or arrangement between the co-operative and its creditors but the court has not approved or refused to approve the application.","sortOrder":196},{"sectionNumber":"sec.105B","sectionType":"section","heading":"Notice of co-operative’s proposal to become incorporated association","content":"### sec.105B Notice of co-operative’s proposal to become incorporated association\n\nWithin 1 month after a co-operative passes a special resolution under the Co-operatives National Law (Queensland) , section 404 to become an incorporated association, the co-operative must give to the chief executive—\na copy of the resolution approving the proposal to become an incorporated association; and\nif relevant, a copy of each of the following resolutions—\nthe resolution deciding the proposed association’s name;\nthe resolution to change the co-operative’s rules to comply with this Act.\ns 105B ins 1997 No. 39 s 472 sch 7\namd 2020 No. 18 s 65 s ch 1 pt 2\n- (a) a copy of the resolution approving the proposal to become an incorporated association; and\n- (b) if relevant, a copy of each of the following resolutions— (i) the resolution deciding the proposed association’s name; (ii) the resolution to change the co-operative’s rules to comply with this Act.\n- (i) the resolution deciding the proposed association’s name;\n- (ii) the resolution to change the co-operative’s rules to comply with this Act.\n- (i) the resolution deciding the proposed association’s name;\n- (ii) the resolution to change the co-operative’s rules to comply with this Act.","sortOrder":197},{"sectionNumber":"sec.105C","sectionType":"section","heading":"Application for incorporation of co-operative as association","content":"### sec.105C Application for incorporation of co-operative as association\n\nA co-operative may apply to the chief executive to become an incorporated association.\nHowever, a co-operative may not apply to become an incorporated association unless it has a president and treasurer.\nThe application must be made in the approved form and be accompanied by the fee prescribed by regulation and each of the following—\na copy of evidence of registration under the Co-operatives National Law (Queensland) of the special resolution approving the proposal to become an incorporated association;\na copy, certified by the co-operative’s secretary as a true copy, of the co-operative’s certificate of registration;\na copy of the proposed rules of the proposed incorporated association, certified by the co-operative’s secretary as complying with this Act.\ns 105C ins 1997 No. 39 s 472 sch 7\namd 2020 No. 17 s 68 sch 1 ; 2020 No. 18 s 65 s ch 1 pt 2\n(sec.105C-ssec.1) A co-operative may apply to the chief executive to become an incorporated association.\n(sec.105C-ssec.2) However, a co-operative may not apply to become an incorporated association unless it has a president and treasurer.\n(sec.105C-ssec.3) The application must be made in the approved form and be accompanied by the fee prescribed by regulation and each of the following— a copy of evidence of registration under the Co-operatives National Law (Queensland) of the special resolution approving the proposal to become an incorporated association; a copy, certified by the co-operative’s secretary as a true copy, of the co-operative’s certificate of registration; a copy of the proposed rules of the proposed incorporated association, certified by the co-operative’s secretary as complying with this Act.\n- (a) a copy of evidence of registration under the Co-operatives National Law (Queensland) of the special resolution approving the proposal to become an incorporated association;\n- (b) a copy, certified by the co-operative’s secretary as a true copy, of the co-operative’s certificate of registration;\n- (c) a copy of the proposed rules of the proposed incorporated association, certified by the co-operative’s secretary as complying with this Act.","sortOrder":198},{"sectionNumber":"sec.105D","sectionType":"section","heading":"Incorporation","content":"### sec.105D Incorporation\n\nIf, after considering an application under this part, the chief executive is satisfied of the matters requiring satisfaction, the chief executive must promptly issue a certificate of incorporation under this Act for the proposed incorporated association.\nThe matters requiring satisfaction are as follows—\nthe applicant is a co-operative that has complied with the Co-operatives National Law (Queensland) , chapter 4 , part 4.3 , division 2 ;\nthe co-operative has complied with the requirements to become an incorporated association.\nOn issue of the certificate of incorporation, the co-operative is incorporated as an incorporated association under this Act.\ns 105D ins 1997 No. 39 s 472 sch 7\namd 2000 No. 46 s 3 sch ; 2020 No. 18 s 65 s ch 1 pt 2\n(sec.105D-ssec.1) If, after considering an application under this part, the chief executive is satisfied of the matters requiring satisfaction, the chief executive must promptly issue a certificate of incorporation under this Act for the proposed incorporated association.\n(sec.105D-ssec.2) The matters requiring satisfaction are as follows— the applicant is a co-operative that has complied with the Co-operatives National Law (Queensland) , chapter 4 , part 4.3 , division 2 ; the co-operative has complied with the requirements to become an incorporated association.\n(sec.105D-ssec.3) On issue of the certificate of incorporation, the co-operative is incorporated as an incorporated association under this Act.\n- (a) the applicant is a co-operative that has complied with the Co-operatives National Law (Queensland) , chapter 4 , part 4.3 , division 2 ;\n- (b) the co-operative has complied with the requirements to become an incorporated association.","sortOrder":199},{"sectionNumber":"sec.105E","sectionType":"section","heading":"Chief executive must inform registrar of incorporation","content":"### sec.105E Chief executive must inform registrar of incorporation\n\nWithin 7 days after the transfer day for an incorporated association, the chief executive must give the registrar a copy of the certificate of incorporation for the association.\ns 105E ins 1997 No. 39 s 472 sch 7","sortOrder":200},{"sectionNumber":"sec.105F","sectionType":"section","heading":"Registrar to give records to chief executive","content":"### sec.105F Registrar to give records to chief executive\n\nAs soon as practicable after a co-operative becomes an incorporated association, the registrar must give the chief executive all records about the former co-operative in the registrar’s possession.\ns 105F ins 1997 No. 39 s 472 sch 7\namd 2020 No. 18 s 65 s ch 1 pt 2","sortOrder":201},{"sectionNumber":"sec.105G","sectionType":"section","heading":"Recording of interests in land","content":"### sec.105G Recording of interests in land\n\nWithin 30 days after a co-operative becomes an incorporated association, the secretary of the association must give to the registrar of titles, and anyone else required or permitted to record particulars necessary to identify interests in land, notice of the vesting of land of the former co-operative in the association.\nThe registrar of titles must record the particulars necessary to give effect to the vesting of the land in the incorporated association.\nIf a written request is made under subsection (1) , production of the instrument of title to the land is not required when the request is made, and the registrar of titles or other person is authorised to make necessary entries on the instrument title when it is next produced to the registrar or other person.\ns 105G ins 1997 No. 39 s 472 sch 7\namd 2020 No. 18 s 65 s ch 1 pt 2\n(sec.105G-ssec.1) Within 30 days after a co-operative becomes an incorporated association, the secretary of the association must give to the registrar of titles, and anyone else required or permitted to record particulars necessary to identify interests in land, notice of the vesting of land of the former co-operative in the association.\n(sec.105G-ssec.2) The registrar of titles must record the particulars necessary to give effect to the vesting of the land in the incorporated association.\n(sec.105G-ssec.3) If a written request is made under subsection (1) , production of the instrument of title to the land is not required when the request is made, and the registrar of titles or other person is authorised to make necessary entries on the instrument title when it is next produced to the registrar or other person.","sortOrder":202},{"sectionNumber":"sec.105H","sectionType":"section","heading":"Directors of former co-operative","content":"### sec.105H Directors of former co-operative\n\nOn the transfer day, the directors of the former co-operative become the members of the association’s management committee.\ns 105H ins 1997 No. 39 s 472 sch 7\namd 2020 No. 18 s 65 s ch 1 pt 2","sortOrder":203},{"sectionNumber":"sec.105I","sectionType":"section","heading":"Office holders of former co-operative become office holders of incorporated association","content":"### sec.105I Office holders of former co-operative become office holders of incorporated association\n\nOn the transfer day, the president, treasurer and secretary of the former co-operative become the president, treasurer and secretary, respectively, of the incorporated association.\ns 105I ins 1997 No. 39 s 472 sch 7\namd 2020 No. 18 s 65 s ch 1 pt 2","sortOrder":204},{"sectionNumber":"sec.105J","sectionType":"section","heading":"Rules","content":"### sec.105J Rules\n\nOn the transfer day, the rules of the former co-operative become the rules of the association as if they had been sanctioned by the chief executive under this Act.\nHowever, if the former co-operative had, by special resolution, amended its rules to comply with this Act and the amendment does not take effect until its incorporation under this Act, subsection (1) applies to the rules as amended.\ns 105J ins 1997 No. 39 s 472 sch 7\namd 2020 No. 18 s 65 s ch 1 pt 2\n(sec.105J-ssec.1) On the transfer day, the rules of the former co-operative become the rules of the association as if they had been sanctioned by the chief executive under this Act.\n(sec.105J-ssec.2) However, if the former co-operative had, by special resolution, amended its rules to comply with this Act and the amendment does not take effect until its incorporation under this Act, subsection (1) applies to the rules as amended.","sortOrder":205},{"sectionNumber":"pt.13-div.3","sectionType":"division","heading":"Registration of incorporated associations as co-operatives","content":"## Registration of incorporated associations as co-operatives","sortOrder":206},{"sectionNumber":"sec.105K","sectionType":"section","heading":"Application of division","content":"### sec.105K Application of division\n\nThis division does not apply to an incorporated association if—\nthe association is being wound-up; or\nan application to wind-up the association has been made but not dealt with; or\nthe association’s incorporation is being cancelled; or\na receiver, or receiver and manager, has been appointed and is acting for the association; or\nthe association has entered into a compromise or arrangement with its creditors but the administration of the compromise or arrangement has not been concluded; or\nan application has been made to a court for approval of a compromise or arrangement by the association with its creditors but the court has not approved or refused to approve the application.\ns 105K ins 1997 No. 39 s 472 sch 7\n- (a) the association is being wound-up; or\n- (b) an application to wind-up the association has been made but not dealt with; or\n- (c) the association’s incorporation is being cancelled; or\n- (d) a receiver, or receiver and manager, has been appointed and is acting for the association; or\n- (e) the association has entered into a compromise or arrangement with its creditors but the administration of the compromise or arrangement has not been concluded; or\n- (f) an application has been made to a court for approval of a compromise or arrangement by the association with its creditors but the court has not approved or refused to approve the application.","sortOrder":207},{"sectionNumber":"sec.105L","sectionType":"section","heading":"Chief executive’s consent needed to proposed registration as co-operative","content":"### sec.105L Chief executive’s consent needed to proposed registration as co-operative\n\nAn incorporated association that has decided by special resolution to register as a co-operative may, within 14 days after passing the resolution, apply to the chief executive for the chief executive’s consent to the association’s proposed registration as a co-operative.\nThe application must be in the approved form and accompanied by a copy of the special resolution.\nThe chief executive may require the association to give to the chief executive the information the chief executive reasonably requires to consider the application.\ns 105L ins 1997 No. 39 s 472 sch 7\namd 2020 No. 18 s 65 s ch 1 pt 2\n(sec.105L-ssec.1) An incorporated association that has decided by special resolution to register as a co-operative may, within 14 days after passing the resolution, apply to the chief executive for the chief executive’s consent to the association’s proposed registration as a co-operative.\n(sec.105L-ssec.2) The application must be in the approved form and accompanied by a copy of the special resolution.\n(sec.105L-ssec.3) The chief executive may require the association to give to the chief executive the information the chief executive reasonably requires to consider the application.","sortOrder":208},{"sectionNumber":"sec.105M","sectionType":"section","heading":"Consent to proposed registration as co-operative","content":"### sec.105M Consent to proposed registration as co-operative\n\nIf, after considering an application by an incorporated association, the chief executive is satisfied of the matters requiring satisfaction, the chief executive must promptly give to the association a certificate stating the chief executive is satisfied of the matters and consents to the association’s proposed registration as a co-operative.\nThe matters requiring satisfaction are as follows—\nthe association is an incorporated association;\nthe association has decided by special resolution to register as a co-operative;\nthere are reasonable grounds for believing the association will, if it registers as a co-operative, be able to comply with the Co-operatives National Law (Queensland) .\nThe certificate expires 30 days after it is given to the association.\ns 105M ins 1997 No. 39 s 472 sch 7\namd 2007 No. 36 s 2 sch ; 2020 No. 18 s 65 s ch 1 pt 2\n(sec.105M-ssec.1) If, after considering an application by an incorporated association, the chief executive is satisfied of the matters requiring satisfaction, the chief executive must promptly give to the association a certificate stating the chief executive is satisfied of the matters and consents to the association’s proposed registration as a co-operative.\n(sec.105M-ssec.2) The matters requiring satisfaction are as follows— the association is an incorporated association; the association has decided by special resolution to register as a co-operative; there are reasonable grounds for believing the association will, if it registers as a co-operative, be able to comply with the Co-operatives National Law (Queensland) .\n(sec.105M-ssec.3) The certificate expires 30 days after it is given to the association.\n- (a) the association is an incorporated association;\n- (b) the association has decided by special resolution to register as a co-operative;\n- (c) there are reasonable grounds for believing the association will, if it registers as a co-operative, be able to comply with the Co-operatives National Law (Queensland) .","sortOrder":209},{"sectionNumber":"sec.105N","sectionType":"section","heading":"Cancellation of registration and incorporation","content":"### sec.105N Cancellation of registration and incorporation\n\nAn incorporated association that becomes registered as a co-operative under the Co-operatives National Law (Queensland) must surrender its certificate of incorporation under this Act or, if the certificate has been lost, stolen or destroyed, give to the chief executive a statutory declaration stating it has been lost, stolen or destroyed.\nOn receipt of the certificate of incorporation or a statutory declaration satisfying the chief executive that the certificate has been lost, stolen or destroyed, the chief executive must—\ncancel the incorporated association’s registration; and\ncancel the incorporated association’s certificate of incorporation; and\ngive the registrar all records about the former incorporated association in the chief executive’s possession.\ns 105N ins 1997 No. 39 s 472 sch 7\namd 2020 No. 18 s 65 s ch 1 pt 2\n(sec.105N-ssec.1) An incorporated association that becomes registered as a co-operative under the Co-operatives National Law (Queensland) must surrender its certificate of incorporation under this Act or, if the certificate has been lost, stolen or destroyed, give to the chief executive a statutory declaration stating it has been lost, stolen or destroyed.\n(sec.105N-ssec.2) On receipt of the certificate of incorporation or a statutory declaration satisfying the chief executive that the certificate has been lost, stolen or destroyed, the chief executive must— cancel the incorporated association’s registration; and cancel the incorporated association’s certificate of incorporation; and give the registrar all records about the former incorporated association in the chief executive’s possession.\n- (a) cancel the incorporated association’s registration; and\n- (b) cancel the incorporated association’s certificate of incorporation; and\n- (c) give the registrar all records about the former incorporated association in the chief executive’s possession.","sortOrder":210},{"sectionNumber":"pt.13-div.4","sectionType":"division","heading":"General","content":"## General","sortOrder":211},{"sectionNumber":"sec.106","sectionType":"section","heading":"Financial year","content":"### sec.106 Financial year\n\nThe financial year for a co-operative that becomes an incorporated association under this part continues as the financial year of the incorporated association.\ns 106 ins 1994 No. 48 s 50\namd 2020 No. 18 s 65 s ch 1 pt 2 ; 2020 No. 17 s 40","sortOrder":212},{"sectionNumber":"pt.14","sectionType":"part","heading":"Voluntary transfer of incorporation","content":"# Voluntary transfer of incorporation","sortOrder":213},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Incorporated associations","content":"## Incorporated associations","sortOrder":214},{"sectionNumber":"sec.106A","sectionType":"section","heading":"Application for authority to transfer incorporation","content":"### sec.106A Application for authority to transfer incorporation\n\nAn incorporated association may apply to the chief executive for authority to transfer the association’s incorporation to—\na company limited by guarantee under the Corporations Act , part 5B .1 ( CLG corporation ); or\nan Aboriginal and Torres Strait Islander corporation under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) , part 2 -3 ( CATSI Act corporation ).\nSee the Corporations Act , section 601BC (8) (d) and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) , section 22 -5(1)(h)(i).\ns 106A ins 2011 No. 45 s 221\n- (a) a company limited by guarantee under the Corporations Act , part 5B .1 ( CLG corporation ); or\n- (b) an Aboriginal and Torres Strait Islander corporation under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) , part 2 -3 ( CATSI Act corporation ).","sortOrder":215},{"sectionNumber":"sec.106B","sectionType":"section","heading":"Requirements for application","content":"### sec.106B Requirements for application\n\nThe application must—\nbe in the approved form; and\nbe signed by 3 members of the association’s management committee, 1 of whom must be the president, authorised to make the application (the authorised members ); and\nbe accompanied by the following—\neither—\nthe association’s certificate of incorporation under this Act; or\nif the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed;\na copy of a special resolution of the association stating—\nthat the application under this division is approved; and\nthat the authorised members have authority to sign the application form; and\nthe proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\na statutory declaration by the association’s president that—\nthe matters stated in the application form are true; and\nthis Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and\nany consent required under the association’s rules to be obtained before passing the special resolution has been obtained.\nIf the application is withdrawn or the chief executive refuses to grant the application, the chief executive must return the association’s certificate of incorporation to the association.\ns 106B ins 2011 No. 45 s 221\n(sec.106B-ssec.1) The application must— be in the approved form; and be signed by 3 members of the association’s management committee, 1 of whom must be the president, authorised to make the application (the authorised members ); and be accompanied by the following— either— the association’s certificate of incorporation under this Act; or if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed; a copy of a special resolution of the association stating— that the application under this division is approved; and that the authorised members have authority to sign the application form; and the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; a statutory declaration by the association’s president that— the matters stated in the application form are true; and this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.\n(sec.106B-ssec.2) If the application is withdrawn or the chief executive refuses to grant the application, the chief executive must return the association’s certificate of incorporation to the association.\n- (a) be in the approved form; and\n- (b) be signed by 3 members of the association’s management committee, 1 of whom must be the president, authorised to make the application (the authorised members ); and\n- (c) be accompanied by the following— (i) either— (A) the association’s certificate of incorporation under this Act; or (B) if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed; (ii) a copy of a special resolution of the association stating— (A) that the application under this division is approved; and (B) that the authorised members have authority to sign the application form; and (C) the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; (iii) a statutory declaration by the association’s president that— (A) the matters stated in the application form are true; and (B) this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and (C) any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.\n- (i) either— (A) the association’s certificate of incorporation under this Act; or (B) if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed;\n- (A) the association’s certificate of incorporation under this Act; or\n- (B) if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed;\n- (ii) a copy of a special resolution of the association stating— (A) that the application under this division is approved; and (B) that the authorised members have authority to sign the application form; and (C) the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\n- (A) that the application under this division is approved; and\n- (B) that the authorised members have authority to sign the application form; and\n- (C) the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\n- (iii) a statutory declaration by the association’s president that— (A) the matters stated in the application form are true; and (B) this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and (C) any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.\n- (A) the matters stated in the application form are true; and\n- (B) this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and\n- (C) any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.\n- (i) either— (A) the association’s certificate of incorporation under this Act; or (B) if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed;\n- (A) the association’s certificate of incorporation under this Act; or\n- (B) if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed;\n- (ii) a copy of a special resolution of the association stating— (A) that the application under this division is approved; and (B) that the authorised members have authority to sign the application form; and (C) the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\n- (A) that the application under this division is approved; and\n- (B) that the authorised members have authority to sign the application form; and\n- (C) the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\n- (iii) a statutory declaration by the association’s president that— (A) the matters stated in the application form are true; and (B) this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and (C) any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.\n- (A) the matters stated in the application form are true; and\n- (B) this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and\n- (C) any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.\n- (A) the association’s certificate of incorporation under this Act; or\n- (B) if the certificate has been lost, stolen or destroyed—a statutory declaration by a person authorised by the association to make the declaration for the association, stating it has been lost, stolen or destroyed;\n- (A) that the application under this division is approved; and\n- (B) that the authorised members have authority to sign the application form; and\n- (C) the proposed name under which the association is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\n- (A) the matters stated in the application form are true; and\n- (B) this Act and the association’s rules have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and\n- (C) any consent required under the association’s rules to be obtained before passing the special resolution has been obtained.","sortOrder":216},{"sectionNumber":"sec.106C","sectionType":"section","heading":"Further information or documents for application","content":"### sec.106C Further information or documents for application\n\nThe chief executive may require the applicant to give the chief executive, within a stated reasonable period of at least 28 days, any further information or documents the chief executive reasonably requires to decide the application.\ns 106C ins 2011 No. 45 s 221","sortOrder":217},{"sectionNumber":"sec.106D","sectionType":"section","heading":"Refusal to grant application","content":"### sec.106D Refusal to grant application\n\nThe chief executive may refuse to grant the application if the chief executive is not satisfied the applicant has complied with—\nsection 106B ; or\na requirement under section 106C .\ns 106D ins 2011 No. 45 s 221\n- (a) section 106B ; or\n- (b) a requirement under section 106C .","sortOrder":218},{"sectionNumber":"sec.106E","sectionType":"section","heading":"Chief executive to give notice of authority to transfer incorporation","content":"### sec.106E Chief executive to give notice of authority to transfer incorporation\n\nIf the chief executive decides to authorise the transfer of incorporation, the chief executive must give the applicant written notice that the proposed transfer of the association’s incorporation is authorised.\ns 106E ins 2011 No. 45 s 221","sortOrder":219},{"sectionNumber":"sec.106F","sectionType":"section","heading":"Effect of a transfer of incorporation authorised under this division","content":"### sec.106F Effect of a transfer of incorporation authorised under this division\n\nOn the transfer of the incorporation of an incorporated association, as authorised under this division—\nthe association stops being an incorporated association; and\nthe association’s name is taken to be removed from the register from the day of the transfer.\nFor other effects of the transfer, including whether a new entity is created and the effect on existing property, rights and obligations see the Corporations Act , section 601BM and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) , section 42 -3\ns 106F ins 2011 No. 45 s 221\n- (a) the association stops being an incorporated association; and\n- (b) the association’s name is taken to be removed from the register from the day of the transfer.","sortOrder":220},{"sectionNumber":"sec.106G","sectionType":"section","heading":"New body to give chief executive copy of new certificate of registration","content":"### sec.106G New body to give chief executive copy of new certificate of registration\n\nThis section applies if an incorporated association becomes registered as a CLG corporation, or CATSI Act corporation, as authorised under this division.\nThe CLG corporation or CATSI Act corporation must within 28 days of the registration give a copy of its new certificate of registration as a CLG corporation, or CATSI Act corporation, to the chief executive.\nMaximum penalty—10 penalty units.\ns 106G ins 2011 No. 45 s 221\n(sec.106G-ssec.1) This section applies if an incorporated association becomes registered as a CLG corporation, or CATSI Act corporation, as authorised under this division.\n(sec.106G-ssec.2) The CLG corporation or CATSI Act corporation must within 28 days of the registration give a copy of its new certificate of registration as a CLG corporation, or CATSI Act corporation, to the chief executive. Maximum penalty—10 penalty units.","sortOrder":221},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"RECI Act corporations","content":"## RECI Act corporations","sortOrder":222},{"sectionNumber":"sec.106H","sectionType":"section","heading":"Application for authority to transfer incorporation","content":"### sec.106H Application for authority to transfer incorporation\n\nA RECI Act corporation may apply to the Minister for authority to transfer the RECI Act corporation’s incorporation to—\na CLG corporation; or\na CATSI Act corporation.\nSee the Corporations Act , section 601BC (8) (d) and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) , section 22 -5(1)(h)(i).\ns 106H ins 2011 No. 45 s 221\n- (a) a CLG corporation; or\n- (b) a CATSI Act corporation.","sortOrder":223},{"sectionNumber":"sec.106I","sectionType":"section","heading":"Requirements for application","content":"### sec.106I Requirements for application\n\nThe application must—\nbe in the approved form; and\nbe signed by a member of the governing body of the RECI Act corporation authorised to make the application (the authorised member ); and\nbe accompanied by the following—\neither—\nthe letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or\nif the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed;\na copy of a special resolution of the RECI Act corporation, in relation to which the required notice has been given, stating—\nthat the application under this division is approved; and\nthat the authorised member has authority to sign the application form; and\nthe proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\na statutory declaration by the authorised member that—\nthe matters stated in the application form are true; and\nthis Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and\nany consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained.\nIf the application is withdrawn or the Minister refuses to grant the application, the Minister must return the letters patent to the RECI Act corporation.\nIn this section—\nrequired notice means written notice of the proposed special resolution, and of the time and place of the general meeting at which it is proposed to move the resolution, given before the general meeting to each member of the RECI Act corporation who has a right to vote on the resolution.\nspecial resolution , of the RECI Act corporation, means a resolution passed at a general meeting of the RECI Act corporation by the votes of 3 / 4 of its members who are present and entitled to vote on the resolution.\ns 106I ins 2011 No. 45 s 221\n(sec.106I-ssec.1) The application must— be in the approved form; and be signed by a member of the governing body of the RECI Act corporation authorised to make the application (the authorised member ); and be accompanied by the following— either— the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed; a copy of a special resolution of the RECI Act corporation, in relation to which the required notice has been given, stating— that the application under this division is approved; and that the authorised member has authority to sign the application form; and the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; a statutory declaration by the authorised member that— the matters stated in the application form are true; and this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained.\n(sec.106I-ssec.2) If the application is withdrawn or the Minister refuses to grant the application, the Minister must return the letters patent to the RECI Act corporation.\n(sec.106I-ssec.3) In this section— required notice means written notice of the proposed special resolution, and of the time and place of the general meeting at which it is proposed to move the resolution, given before the general meeting to each member of the RECI Act corporation who has a right to vote on the resolution. special resolution , of the RECI Act corporation, means a resolution passed at a general meeting of the RECI Act corporation by the votes of 3 / 4 of its members who are present and entitled to vote on the resolution.\n- (a) be in the approved form; and\n- (b) be signed by a member of the governing body of the RECI Act corporation authorised to make the application (the authorised member ); and\n- (c) be accompanied by the following— (i) either— (A) the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or (B) if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed; (ii) a copy of a special resolution of the RECI Act corporation, in relation to which the required notice has been given, stating— (A) that the application under this division is approved; and (B) that the authorised member has authority to sign the application form; and (C) the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; (iii) a statutory declaration by the authorised member that— (A) the matters stated in the application form are true; and (B) this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and (C) any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained.\n- (i) either— (A) the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or (B) if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed;\n- (A) the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or\n- (B) if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed;\n- (ii) a copy of a special resolution of the RECI Act corporation, in relation to which the required notice has been given, stating— (A) that the application under this division is approved; and (B) that the authorised member has authority to sign the application form; and (C) the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\n- (A) that the application under this division is approved; and\n- (B) that the authorised member has authority to sign the application form; and\n- (C) the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\n- (iii) a statutory declaration by the authorised member that— (A) the matters stated in the application form are true; and (B) this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and (C) any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained.\n- (A) the matters stated in the application form are true; and\n- (B) this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and\n- (C) any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained.\n- (i) either— (A) the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or (B) if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed;\n- (A) the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or\n- (B) if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed;\n- (ii) a copy of a special resolution of the RECI Act corporation, in relation to which the required notice has been given, stating— (A) that the application under this division is approved; and (B) that the authorised member has authority to sign the application form; and (C) the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\n- (A) that the application under this division is approved; and\n- (B) that the authorised member has authority to sign the application form; and\n- (C) the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\n- (iii) a statutory declaration by the authorised member that— (A) the matters stated in the application form are true; and (B) this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and (C) any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained.\n- (A) the matters stated in the application form are true; and\n- (B) this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and\n- (C) any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained.\n- (A) the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 ; or\n- (B) if the letters patent have been lost, stolen or destroyed—a statutory declaration by a person authorised by the RECI Act corporation to make the declaration for the RECI Act corporation, stating they have been lost, stolen or destroyed;\n- (A) that the application under this division is approved; and\n- (B) that the authorised member has authority to sign the application form; and\n- (C) the proposed name under which the RECI Act corporation is to be registered under the Corporations Act or the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\n- (A) the matters stated in the application form are true; and\n- (B) this Act and the RECI Act corporation’s constitution have been complied with in relation to the calling and holding of the general meeting for the special resolution and the passing of the special resolution at the meeting; and\n- (C) any consent required under the RECI Act corporation’s constitution to be obtained before passing the special resolution has been obtained.","sortOrder":224},{"sectionNumber":"sec.106J","sectionType":"section","heading":"Further information or documents for application","content":"### sec.106J Further information or documents for application\n\nThe Minister may require the applicant to give the Minister, within a stated reasonable period of at least 28 days, any further information or documents the Minister reasonably requires to decide the application.\ns 106J ins 2011 No. 45 s 221","sortOrder":225},{"sectionNumber":"sec.106K","sectionType":"section","heading":"Refusal to grant application","content":"### sec.106K Refusal to grant application\n\nThe Minister may refuse to grant the application if the Minister is not satisfied the applicant has complied with—\nsection 106I ; or\na requirement under section 106J .\nIf the Minister decides to refuse to grant the application—\nthe Minister must give the RECI Act corporation a QCAT information notice for the decision; and\nthe RECI Act corporation may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\nIn this section—\nQCAT information notice means a written notice complying with the QCAT Act , section 157 (2) .\ns 106K ins 2011 No. 45 s 221\n(sec.106K-ssec.1) The Minister may refuse to grant the application if the Minister is not satisfied the applicant has complied with— section 106I ; or a requirement under section 106J .\n(sec.106K-ssec.2) If the Minister decides to refuse to grant the application— the Minister must give the RECI Act corporation a QCAT information notice for the decision; and the RECI Act corporation may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\n(sec.106K-ssec.3) In this section— QCAT information notice means a written notice complying with the QCAT Act , section 157 (2) .\n- (a) section 106I ; or\n- (b) a requirement under section 106J .\n- (a) the Minister must give the RECI Act corporation a QCAT information notice for the decision; and\n- (b) the RECI Act corporation may apply, as provided under the QCAT Act , to QCAT for a review of the decision.","sortOrder":226},{"sectionNumber":"sec.106L","sectionType":"section","heading":"Minister to give notice of authority to transfer incorporation","content":"### sec.106L Minister to give notice of authority to transfer incorporation\n\nIf the Minister decides to authorise the transfer of incorporation, the Minister must give the applicant written notice that the proposed transfer of the RECI Act corporation’s incorporation is authorised.\ns 106L ins 2011 No. 45 s 221","sortOrder":227},{"sectionNumber":"sec.106M","sectionType":"section","heading":"Effect of a transfer of incorporation authorised under this division","content":"### sec.106M Effect of a transfer of incorporation authorised under this division\n\nOn the transfer of the incorporation of a RECI Act corporation, as authorised under this division—\nthe RECI Act corporation stops being incorporated as a RECI Act corporation; and\nthe letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 are taken to be cancelled from the day of the transfer.\nFor other effects of the transfer, including whether a new entity is created and the effect on existing property, rights and obligations see the Corporations Act , section 601BM and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) , section 42 -3\ns 106M ins 2011 No. 45 s 221\n- (a) the RECI Act corporation stops being incorporated as a RECI Act corporation; and\n- (b) the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 are taken to be cancelled from the day of the transfer.","sortOrder":228},{"sectionNumber":"sec.106N","sectionType":"section","heading":"New body to give Minister copy of new certificate of registration","content":"### sec.106N New body to give Minister copy of new certificate of registration\n\nThis section applies if a RECI Act corporation becomes registered as a CLG corporation, or CATSI Act corporation, as authorised under this division.\nThe CLG corporation or CATSI Act corporation must within 28 days of the registration give a copy of its new certificate of registration as a CLG corporation, or CATSI Act corporation, to the Minister.\nMaximum penalty—10 penalty units.\nOn receipt of the copy of the new certificate of registration, the Minister must give notice by gazette notice—\nthat the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 are taken to be cancelled, under section 106M (b) , from the day of the transfer; and\nof the day of the transfer.\ns 106N ins 2011 No. 45 s 221\n(sec.106N-ssec.1) This section applies if a RECI Act corporation becomes registered as a CLG corporation, or CATSI Act corporation, as authorised under this division.\n(sec.106N-ssec.2) The CLG corporation or CATSI Act corporation must within 28 days of the registration give a copy of its new certificate of registration as a CLG corporation, or CATSI Act corporation, to the Minister. Maximum penalty—10 penalty units.\n(sec.106N-ssec.3) On receipt of the copy of the new certificate of registration, the Minister must give notice by gazette notice— that the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 are taken to be cancelled, under section 106M (b) , from the day of the transfer; and of the day of the transfer.\n- (a) that the letters patent issued to the RECI Act corporation under the repealed Religious Educational and Charitable Institutions Act 1861 are taken to be cancelled, under section 106M (b) , from the day of the transfer; and\n- (b) of the day of the transfer.","sortOrder":229},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 ins 1994 No. 48 s 50\nom 2003 No. 94 s 7","sortOrder":230},{"sectionNumber":"sec.108","sectionType":"section","heading":null,"content":"### Section sec.108\n\ns 108 ins 1994 No. 48 s 50\nom 2003 No. 94 s 7","sortOrder":231},{"sectionNumber":"pt.15","sectionType":"part","heading":"Reviews","content":"# Reviews","sortOrder":232},{"sectionNumber":"pt.15-div.1","sectionType":"division","heading":"Internal review of decisions","content":"## Internal review of decisions","sortOrder":233},{"sectionNumber":"sec.109","sectionType":"section","heading":"Affected person may apply for review","content":"### sec.109 Affected person may apply for review\n\nIf a person’s interests are affected by a decision under this Act the person may apply to the chief executive for a review of the decision.\nHowever, subsection (1) does not apply to a decision under section 10A (1) (b) , 12 (3) , 48 (9) , 48A (1) (b) , 93B (2) or 106K .\nA person who may seek a review of a decision is entitled to receive a statement of reasons for the decision.\ns 109 ins 1995 No. 7 s 14\namd 2011 No. 45 s 222; 2022 No. 27 s 84\n(sec.109-ssec.1) If a person’s interests are affected by a decision under this Act the person may apply to the chief executive for a review of the decision.\n(sec.109-ssec.2) However, subsection (1) does not apply to a decision under section 10A (1) (b) , 12 (3) , 48 (9) , 48A (1) (b) , 93B (2) or 106K .\n(sec.109-ssec.3) A person who may seek a review of a decision is entitled to receive a statement of reasons for the decision.","sortOrder":234},{"sectionNumber":"sec.110","sectionType":"section","heading":"Applying for review","content":"### sec.110 Applying for review\n\nAn application by a person for review of a decision must be made within 28 days after notice of the decision is given to the person.\nHowever, if—\nthe notice did not state reasons for the decision; and\nthe person asked for a statement of reasons for the decision within the period mentioned in subsection (1) ;\nthe person may make the application within 28 days after the person is given the statement of reasons.\nAlso, the chief executive may extend the period for making an application for review, even though the time for making the application has expired.\nAn application for review must be written and state in detail the grounds on which the applicant seeks review of the decision.\ns 110 ins 1995 No. 7 s 14\n(sec.110-ssec.1) An application by a person for review of a decision must be made within 28 days after notice of the decision is given to the person.\n(sec.110-ssec.2) However, if— the notice did not state reasons for the decision; and the person asked for a statement of reasons for the decision within the period mentioned in subsection (1) ; the person may make the application within 28 days after the person is given the statement of reasons.\n(sec.110-ssec.3) Also, the chief executive may extend the period for making an application for review, even though the time for making the application has expired.\n(sec.110-ssec.4) An application for review must be written and state in detail the grounds on which the applicant seeks review of the decision.\n- (a) the notice did not state reasons for the decision; and\n- (b) the person asked for a statement of reasons for the decision within the period mentioned in subsection (1) ;","sortOrder":235},{"sectionNumber":"sec.111","sectionType":"section","heading":"Stay of operation of disputed decision","content":"### sec.111 Stay of operation of disputed decision\n\nIf an application is made under this division for review of a decision (the disputed decision ), the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the disputed decision.\nQCAT may stay the disputed decision to secure the effectiveness of the review and any later review by QCAT.\nA stay—\nmay be given on conditions QCAT considers appropriate; and\noperates for the period fixed by QCAT; and\nmay be revoked or amended by QCAT.\nThe period of a stay under this section must not extend past the time when the chief executive reviews the disputed decision and any later period QCAT allows the applicant to enable the applicant to apply for a review of the chief executive’s decision (the reviewable decision ).\nThe making of an application for review of a reviewable decision affects the reviewable decision, or the carrying out of the reviewable decision, only if the reviewable decision is stayed.\ns 111 ins 1995 No. 7 s 14\namd 1999 No. 19 s 3 sch\nsub 2009 No. 24 s 347\n(sec.111-ssec.1) If an application is made under this division for review of a decision (the disputed decision ), the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the disputed decision.\n(sec.111-ssec.2) QCAT may stay the disputed decision to secure the effectiveness of the review and any later review by QCAT.\n(sec.111-ssec.3) A stay— may be given on conditions QCAT considers appropriate; and operates for the period fixed by QCAT; and may be revoked or amended by QCAT.\n(sec.111-ssec.4) The period of a stay under this section must not extend past the time when the chief executive reviews the disputed decision and any later period QCAT allows the applicant to enable the applicant to apply for a review of the chief executive’s decision (the reviewable decision ).\n(sec.111-ssec.5) The making of an application for review of a reviewable decision affects the reviewable decision, or the carrying out of the reviewable decision, only if the reviewable decision is stayed.\n- (a) may be given on conditions QCAT considers appropriate; and\n- (b) operates for the period fixed by QCAT; and\n- (c) may be revoked or amended by QCAT.","sortOrder":236},{"sectionNumber":"sec.112","sectionType":"section","heading":"Decision on reconsideration","content":"### sec.112 Decision on reconsideration\n\nThis section applies to an application under this division for review of a disputed decision.\nThe chief executive may confirm the disputed decision, amend the disputed decision or substitute a new decision after considering the applicant’s representations.\nThe chief executive must immediately give the applicant written notice of the chief executive’s decision on the application.\nIf the decision (the reviewable decision ) is not the decision sought by the applicant, the chief executive must give the applicant a QCAT information notice for the decision.\nIn this section—\nQCAT information notice means a notice complying with the QCAT Act , section 157 (2) .\ns 112 ins 1995 No. 7 s 14\namd 1999 No. 19 s 3 sch ; 2009 No. 24 s 348\n(sec.112-ssec.1) This section applies to an application under this division for review of a disputed decision.\n(sec.112-ssec.2) The chief executive may confirm the disputed decision, amend the disputed decision or substitute a new decision after considering the applicant’s representations.\n(sec.112-ssec.3) The chief executive must immediately give the applicant written notice of the chief executive’s decision on the application.\n(sec.112-ssec.4) If the decision (the reviewable decision ) is not the decision sought by the applicant, the chief executive must give the applicant a QCAT information notice for the decision.\n(sec.112-ssec.5) In this section— QCAT information notice means a notice complying with the QCAT Act , section 157 (2) .","sortOrder":237},{"sectionNumber":"pt.15-div.2","sectionType":"division","heading":"External review of decisions","content":"## External review of decisions","sortOrder":238},{"sectionNumber":"sec.113","sectionType":"section","heading":"Who may seek external review","content":"### sec.113 Who may seek external review\n\nA person whose interests are affected by a reviewable decision under section 112 may apply, as provided under the QCAT Act , to QCAT for a review of the reviewable decision.\ns 113 ins 1995 No. 7 s 14\namd 1999 No. 19 s 3 sch ; 2007 No. 16 s 28\nsub 2009 No. 24 s 349","sortOrder":239},{"sectionNumber":"sec.114","sectionType":"section","heading":null,"content":"### Section sec.114\n\ns 114 ins 1995 No. 7 s 14\nom 2009 No. 24 s 349","sortOrder":240},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 ins 1995 No. 7 s 14\namd 1999 No. 19 s 3 sch\nom 2009 No. 24 s 349","sortOrder":241},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 ins 1995 No. 7 s 14\namd 1999 No. 19 s 3 sch\nom 2009 No. 24 s 349","sortOrder":242},{"sectionNumber":"sec.117","sectionType":"section","heading":null,"content":"### Section sec.117\n\ns 117 ins 1995 No. 7 s 14\namd 1999 No. 19 s 3 sch\nom 2009 No. 24 s 349","sortOrder":243},{"sectionNumber":"sec.118","sectionType":"section","heading":null,"content":"### Section sec.118\n\ns 118 ins 1995 No. 7 s 14\nom 2009 No. 24 s 349","sortOrder":244},{"sectionNumber":"pt.16","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":245},{"sectionNumber":"sec.119","sectionType":"section","heading":null,"content":"### Section sec.119\n\ns 119 sub 1995 No. 7 s 15\namd 1999 No. 63 s 16\nom 2020 No. 17 s 41","sortOrder":246},{"sectionNumber":"sec.119A","sectionType":"section","heading":null,"content":"### Section sec.119A\n\ns 119A ins 2007 No. 16 s 29\nom 2020 No. 17 s 41","sortOrder":247},{"sectionNumber":"sec.119B","sectionType":"section","heading":"Disclosure of information to Commissioner of the ACNC","content":"### sec.119B Disclosure of information to Commissioner of the ACNC\n\nFor the purpose of enabling or assisting the commissioner to perform or exercise any of the functions or powers of the commissioner, the chief executive may—\nenter into an arrangement with the commissioner; and\nunder the arrangement, disclose information obtained under this Act about an ACNC registered entity to the commissioner.\nIn this section—\nACNC registered entity means a charity registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) .\ncommissioner means the Commissioner of the Australian Charities and Not-for-profits Commission under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) .\ns 119B ins 2020 No. 17 s 42\n(sec.119B-ssec.1) For the purpose of enabling or assisting the commissioner to perform or exercise any of the functions or powers of the commissioner, the chief executive may— enter into an arrangement with the commissioner; and under the arrangement, disclose information obtained under this Act about an ACNC registered entity to the commissioner.\n(sec.119B-ssec.2) In this section— ACNC registered entity means a charity registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) . commissioner means the Commissioner of the Australian Charities and Not-for-profits Commission under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) .\n- (a) enter into an arrangement with the commissioner; and\n- (b) under the arrangement, disclose information obtained under this Act about an ACNC registered entity to the commissioner.","sortOrder":248},{"sectionNumber":"sec.120","sectionType":"section","heading":"Protection from liability","content":"### sec.120 Protection from liability\n\nAn officer or employee of the department does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an officer or employee of the department, the liability attaches instead to the State.\ns 120 ins 1995 No. 7 s 15\n(sec.120-ssec.1) An officer or employee of the department does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.120-ssec.2) If subsection (1) prevents a civil liability attaching to an officer or employee of the department, the liability attaches instead to the State.","sortOrder":249},{"sectionNumber":"sec.121","sectionType":"section","heading":"Extension of time","content":"### sec.121 Extension of time\n\nWhere under this Act an act or thing is required to be performed or done within a specified time the chief executive may, if the chief executive thinks fit, if in the chief executive’s opinion there are special circumstances, extend the time for the performance or doing of that act or thing.\ns 121 amd 1990 No. 80 s 3 sch 6","sortOrder":250},{"sectionNumber":"sec.121A","sectionType":"section","heading":"False or misleading information or documents","content":"### sec.121A False or misleading information or documents\n\nThis section applies to a statement made or document given to the chief executive.\nA person must not state anything to the chief executive the person knows is false or misleading in a material particular.\nMaximum penalty—10 penalty units.\nA person must not give the chief executive a document the person knows is false or misleading in a material particular.\nMaximum penalty—10 penalty units.\nSubsection (3) does not apply to a person who, when giving the document—\ninforms the chief executive, to the best of the person’s ability, how it is false or misleading; and\ngives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information.\nIt is enough for a complaint against a person for an offence against subsection (2) or (3) to state the information or document was false or misleading to the person’s knowledge, without specifying which.\ns 121A ins 2003 No. 94 s 8\n(sec.121A-ssec.1) This section applies to a statement made or document given to the chief executive.\n(sec.121A-ssec.2) A person must not state anything to the chief executive the person knows is false or misleading in a material particular. Maximum penalty—10 penalty units.\n(sec.121A-ssec.3) A person must not give the chief executive a document the person knows is false or misleading in a material particular. Maximum penalty—10 penalty units.\n(sec.121A-ssec.4) Subsection (3) does not apply to a person who, when giving the document— informs the chief executive, to the best of the person’s ability, how it is false or misleading; and gives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information.\n(sec.121A-ssec.5) It is enough for a complaint against a person for an offence against subsection (2) or (3) to state the information or document was false or misleading to the person’s knowledge, without specifying which.\n- (a) informs the chief executive, to the best of the person’s ability, how it is false or misleading; and\n- (b) gives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information.","sortOrder":251},{"sectionNumber":"sec.122","sectionType":"section","heading":"Punishment of fraud or misappropriation","content":"### sec.122 Punishment of fraud or misappropriation\n\nA person who—\nobtains possession by false representation or imposition of any property of an incorporated association; or\nhaving any property of an incorporated association in possession, withholds or misapplies the same, or wilfully applies any part thereof to purposes other than those expressed or directed in the rules and authorised by this Act;\nis guilty of an offence and is liable on summary conviction to a penalty not exceeding 20 penalty units, and to be ordered to deliver up all such property or to repay all such moneys applied improperly, and, in default of such delivery or repayment or of the payment of such penalty, to be imprisoned for any period not exceeding 3 months.\nHowever, where, on a complaint against a person of withholding or misapplying property or applying it for unauthorised purposes, it is not proved that the person acted with any fraudulent intent the person may be ordered to deliver up such property or to repay any money applied improperly, but is not liable to conviction, and a copy of any such order certified under the hand of the clerk of the court may be filed in the Magistrates Court nearest to the place where such order was made and thereupon such order shall be and be deemed to be a judgment of the said Magistrates Court within the meaning of the Magistrates Courts Act 1921 and shall be enforceable accordingly.\nNothing contained in this section shall prevent any such person from being prosecuted under any other law in force, if a conviction has not been previously obtained against that person for the same offence under the provisions of this Act.\ns 122 amd 1988 No. 88 s 3 sch 1 ; 1995 No. 58 s 4 sch 1\n(sec.122-ssec.1) A person who— obtains possession by false representation or imposition of any property of an incorporated association; or having any property of an incorporated association in possession, withholds or misapplies the same, or wilfully applies any part thereof to purposes other than those expressed or directed in the rules and authorised by this Act; is guilty of an offence and is liable on summary conviction to a penalty not exceeding 20 penalty units, and to be ordered to deliver up all such property or to repay all such moneys applied improperly, and, in default of such delivery or repayment or of the payment of such penalty, to be imprisoned for any period not exceeding 3 months.\n(sec.122-ssec.2) However, where, on a complaint against a person of withholding or misapplying property or applying it for unauthorised purposes, it is not proved that the person acted with any fraudulent intent the person may be ordered to deliver up such property or to repay any money applied improperly, but is not liable to conviction, and a copy of any such order certified under the hand of the clerk of the court may be filed in the Magistrates Court nearest to the place where such order was made and thereupon such order shall be and be deemed to be a judgment of the said Magistrates Court within the meaning of the Magistrates Courts Act 1921 and shall be enforceable accordingly.\n(sec.122-ssec.3) Nothing contained in this section shall prevent any such person from being prosecuted under any other law in force, if a conviction has not been previously obtained against that person for the same offence under the provisions of this Act.\n- (a) obtains possession by false representation or imposition of any property of an incorporated association; or\n- (b) having any property of an incorporated association in possession, withholds or misapplies the same, or wilfully applies any part thereof to purposes other than those expressed or directed in the rules and authorised by this Act;","sortOrder":252},{"sectionNumber":"sec.123","sectionType":"section","heading":"Officers deemed servants","content":"### sec.123 Officers deemed servants\n\nEvery person elected or appointed to be the treasurer, secretary, member of the management committee or other officer having the receipt or charge of money of an incorporated association, or who acts in the capacity of or is employed as such treasurer, secretary, member of the management committee or officer, shall be deemed to be a clerk or servant of such incorporated association within the meaning of the Criminal Code .","sortOrder":253},{"sectionNumber":"sec.124","sectionType":"section","heading":"Penalty for falsification","content":"### sec.124 Penalty for falsification\n\nA person who wilfully makes, or orders or allows to be made, any entry, erasure in, or omission from any account book, balance sheet or any return or document required to be made, kept, sent, produced or delivered for the purposes of this Act, with intent to falsify the same or to evade this Act is guilty of an offence and is liable to a penalty not exceeding 20 penalty units.\ns 124 amd 1995 No. 58 s 4 sch 1","sortOrder":254},{"sectionNumber":"sec.125","sectionType":"section","heading":"Proof of compliance with formal requirements","content":"### sec.125 Proof of compliance with formal requirements\n\nIn any proceeding under this Act against an incorporated association or any officer thereof or other person, the onus of proving that any return, report, notice or document required to be sent or given to the chief executive has been so sent or given, or that any return, report, notice or document has been compiled or made as required by this Act, shall lie with such incorporated association, officer or other person.\nIn any such proceeding any return, report, notice or other document, purporting to be duly signed and forwarded to the chief executive by the secretary of any incorporated association, and otherwise in conformity with this Act, may be received as evidence of any matters stated therein respectively.\ns 125 amd 1990 No. 80 s 3 sch 6\n(sec.125-ssec.1) In any proceeding under this Act against an incorporated association or any officer thereof or other person, the onus of proving that any return, report, notice or document required to be sent or given to the chief executive has been so sent or given, or that any return, report, notice or document has been compiled or made as required by this Act, shall lie with such incorporated association, officer or other person.\n(sec.125-ssec.2) In any such proceeding any return, report, notice or other document, purporting to be duly signed and forwarded to the chief executive by the secretary of any incorporated association, and otherwise in conformity with this Act, may be received as evidence of any matters stated therein respectively.","sortOrder":255},{"sectionNumber":"sec.126","sectionType":"section","heading":"Evidence","content":"### sec.126 Evidence\n\nIn the case of evidence required on behalf of the chief executive, and not hereinbefore provided for, the chief executive may depose to the same by affidavit, and the evidence contained in any such affidavit shall be received as evidence in all courts.\nEvery instrument or document, copy or extract of an instrument or document, certified by the chief executive shall be received in evidence without further proof.\nEvery document purporting to be signed by the chief executive or any inspector or accountant or approved person or auditor or valuer under this Act shall be received in evidence without proof of the signature.\ns 126 amd 1990 No. 80 s 3 sch 6 ; 2007 No. 16 s 30\n(sec.126-ssec.1) In the case of evidence required on behalf of the chief executive, and not hereinbefore provided for, the chief executive may depose to the same by affidavit, and the evidence contained in any such affidavit shall be received as evidence in all courts.\n(sec.126-ssec.2) Every instrument or document, copy or extract of an instrument or document, certified by the chief executive shall be received in evidence without further proof.\n(sec.126-ssec.3) Every document purporting to be signed by the chief executive or any inspector or accountant or approved person or auditor or valuer under this Act shall be received in evidence without proof of the signature.","sortOrder":256},{"sectionNumber":"sec.127","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.127 Evidentiary provisions\n\nThe chief executive may, by writing under the chief executive’s hand, certify—\nthat, on a date stated in the certificate, an association so stated was, or was not, an incorporated association; or\nthat, on a date stated in the certificate, a person so stated was, or was not, the secretary of an incorporated association so stated; or\nthat, on a date stated in the certificate—\nno natural person has been appointed secretary of an incorporated association; or\nno natural person has been appointed to fill a vacancy in the office of secretary of an incorporated association;\nin compliance with the provisions of section 69 ; or\nthat, on a date stated in the certificate, a document required to be lodged under section 59BA (1) with the chief executive, or given under section 59F to the chief executive has, or has not, been received by the chief executive;\nand such a certificate shall, in all courts and for all purposes, be evidence and, in the absence of evidence to the contrary conclusive evidence, of the matters stated in that certificate.\nIn any legal proceedings, a copy of any rules of an incorporated association or other document lodged with the chief executive certified by the chief executive to be a true copy thereof, shall be evidence that such rules were rules of the incorporated association in force on the date mentioned in the certificate or of the contents of such document.\nJudicial notice shall be taken of the signature of the chief executive appearing on a certificate under this section and of the fact that the person by whom the certificate purports to have been signed is the chief executive.\ns 127 amd 1990 No. 80 s 3 sch 6 ; 2007 No. 16 s 31 ; 2020 No. 17 s 43\n(sec.127-ssec.1) The chief executive may, by writing under the chief executive’s hand, certify— that, on a date stated in the certificate, an association so stated was, or was not, an incorporated association; or that, on a date stated in the certificate, a person so stated was, or was not, the secretary of an incorporated association so stated; or that, on a date stated in the certificate— no natural person has been appointed secretary of an incorporated association; or no natural person has been appointed to fill a vacancy in the office of secretary of an incorporated association; in compliance with the provisions of section 69 ; or that, on a date stated in the certificate, a document required to be lodged under section 59BA (1) with the chief executive, or given under section 59F to the chief executive has, or has not, been received by the chief executive; and such a certificate shall, in all courts and for all purposes, be evidence and, in the absence of evidence to the contrary conclusive evidence, of the matters stated in that certificate.\n(sec.127-ssec.2) In any legal proceedings, a copy of any rules of an incorporated association or other document lodged with the chief executive certified by the chief executive to be a true copy thereof, shall be evidence that such rules were rules of the incorporated association in force on the date mentioned in the certificate or of the contents of such document.\n(sec.127-ssec.3) Judicial notice shall be taken of the signature of the chief executive appearing on a certificate under this section and of the fact that the person by whom the certificate purports to have been signed is the chief executive.\n- (a) that, on a date stated in the certificate, an association so stated was, or was not, an incorporated association; or\n- (b) that, on a date stated in the certificate, a person so stated was, or was not, the secretary of an incorporated association so stated; or\n- (c) that, on a date stated in the certificate— (i) no natural person has been appointed secretary of an incorporated association; or (ii) no natural person has been appointed to fill a vacancy in the office of secretary of an incorporated association; in compliance with the provisions of section 69 ; or\n- (i) no natural person has been appointed secretary of an incorporated association; or\n- (ii) no natural person has been appointed to fill a vacancy in the office of secretary of an incorporated association;\n- (i) no natural person has been appointed secretary of an incorporated association; or\n- (ii) no natural person has been appointed to fill a vacancy in the office of secretary of an incorporated association;\n- (d) that, on a date stated in the certificate, a document required to be lodged under section 59BA (1) with the chief executive, or given under section 59F to the chief executive has, or has not, been received by the chief executive;","sortOrder":257},{"sectionNumber":"sec.128","sectionType":"section","heading":"Dispositions of property","content":"### sec.128 Dispositions of property\n\nA disposition in favour of an association shall, unless the context otherwise requires, take effect in favour of that association where that association is incorporated under this Act, where such incorporation is effected after the document evidencing the disposition was made or executed but before the disposition was perfected.\nIn this section—\ndisposition means any disposition by will, written instrument or otherwise, which takes effect after the commencement of this Act.\n(sec.128-ssec.1) A disposition in favour of an association shall, unless the context otherwise requires, take effect in favour of that association where that association is incorporated under this Act, where such incorporation is effected after the document evidencing the disposition was made or executed but before the disposition was perfected.\n(sec.128-ssec.2) In this section— disposition means any disposition by will, written instrument or otherwise, which takes effect after the commencement of this Act.","sortOrder":258},{"sectionNumber":"sec.129","sectionType":"section","heading":"Delegation","content":"### sec.129 Delegation\n\nThe chief executive may delegate the chief executive’s powers under this Act.\ns 129 amd 1990 No. 80 s 3 sch 6\nsub 1995 No. 7 s 16\namd 2007 No. 16 s 32","sortOrder":259},{"sectionNumber":"sec.130","sectionType":"section","heading":"Approval of forms","content":"### sec.130 Approval of forms\n\nThe chief executive may approve forms for use under this Act.\ns 130 ins 1995 No. 57 s 4 sch 1","sortOrder":260},{"sectionNumber":"sec.130A","sectionType":"section","heading":"Documents not in English language","content":"### sec.130A Documents not in English language\n\nIf there is a requirement under this Act to lodge a document and the document is in a language other than English, the requirement is taken to include a requirement that a translation of the document into English, certified by a person to be a correct translation, be lodged at the same time.\nFor the purpose of the administration of this Act, the English version of a document required for this Act prevails over a version of the document that is not in English.\ns 130A ins 2007 No. 16 s 33\n(sec.130A-ssec.1) If there is a requirement under this Act to lodge a document and the document is in a language other than English, the requirement is taken to include a requirement that a translation of the document into English, certified by a person to be a correct translation, be lodged at the same time.\n(sec.130A-ssec.2) For the purpose of the administration of this Act, the English version of a document required for this Act prevails over a version of the document that is not in English.","sortOrder":261},{"sectionNumber":"sec.131","sectionType":"section","heading":"Recall of letters patent","content":"### sec.131 Recall of letters patent\n\nNotwithstanding the provisions of section 144 , the Minister may at the Minister’s discretion recall and cancel any letters patent issued under the repealed Acts and may require the association to apply for incorporation under this Act in lieu thereof.\ns 131 amd 1995 No. 7 s 3 sch","sortOrder":262},{"sectionNumber":"sec.132","sectionType":"section","heading":"Exemption from certain provisions of Act","content":"### sec.132 Exemption from certain provisions of Act\n\nWhere—\nunder section 131 , the Minister recalls letters patent and requires an association to apply for incorporation under this Act; or\nan association applies for incorporation under this Act and that association could, but for the repeal of the repealed Acts, have been incorporated by the issue of letters patent under the repealed Acts;\na regulation may exempt the association from specified provisions of this Act.\ns 132 ins 1991 No. 42 s 3 sch\namd 1995 No. 7 s 3 sch\n- (a) under section 131 , the Minister recalls letters patent and requires an association to apply for incorporation under this Act; or\n- (b) an association applies for incorporation under this Act and that association could, but for the repeal of the repealed Acts, have been incorporated by the issue of letters patent under the repealed Acts;","sortOrder":263},{"sectionNumber":"sec.133","sectionType":"section","heading":"Irregularities in proceedings","content":"### sec.133 Irregularities in proceedings\n\nNo proceeding under this Act shall be invalidated by any defect, irregularity or deficiency of notice or time unless the court is of opinion that substantial injustice has been or may be caused thereby which cannot be remedied by an order of the court.\nThe court may if it thinks fit make an order declaring that such proceeding is valid notwithstanding any such defect, irregularity or deficiency.\nWithout affecting the generality of subsections (1) and (2) or of any other provision of this Act, where any omission, defect, error or irregularity (including the absence of a quorum at any meeting of the incorporated association or of the management committee) has occurred in the management or administration of an incorporated association incorporated under this Act (whether or not such omission, defect, error or irregularity occurred before or after the passing of this Act and whether it occurred before or after the incorporated association became incorporated under this Act) whereby any breach of any of the provisions of this Act has occurred or whereby there has been default in the observance of the rules or constitution of the incorporated association or whereby any proceedings at or in connection with any meeting of the incorporated association or of the management committee thereof or any assemblage purporting to be such a meeting have been rendered ineffective, the court—\nmay, either of its own motion or on the application of any interested person, make such order as it thinks fit to rectify or cause to be rectified or to negative or modify or cause to be modified the consequences in law of any such omission, defect, error or irregularity, or to validate any act, matter or thing rendered or alleged to have been rendered invalid by or as a result of any such omission, defect, error or irregularity; and\nshall before making any such order satisfy itself that such an order would not do injustice to the incorporated association or to any member or creditor thereof; and\nwhere any such order is made, may give such ancillary or consequential direction as it thinks fit; and\nmay determine what notice or summons is to be given to other persons of the intention to make any such application or of the intention to make such an order, and whether and how it should be given or served and whether it should be advertised in any newspaper.\nThe court may enlarge or abridge any time for doing any act or taking any proceeding allowed or limited by this Act or any rules or regulations made thereunder upon such terms (if any) as the justice of the case may require and any such enlargement may be ordered although the application for the same is not made until after the time originally allowed or limited.\ns 133 (prev s 70) renum 1995 No. 7 s 3 sch\n(sec.133-ssec.1) No proceeding under this Act shall be invalidated by any defect, irregularity or deficiency of notice or time unless the court is of opinion that substantial injustice has been or may be caused thereby which cannot be remedied by an order of the court.\n(sec.133-ssec.2) The court may if it thinks fit make an order declaring that such proceeding is valid notwithstanding any such defect, irregularity or deficiency.\n(sec.133-ssec.3) Without affecting the generality of subsections (1) and (2) or of any other provision of this Act, where any omission, defect, error or irregularity (including the absence of a quorum at any meeting of the incorporated association or of the management committee) has occurred in the management or administration of an incorporated association incorporated under this Act (whether or not such omission, defect, error or irregularity occurred before or after the passing of this Act and whether it occurred before or after the incorporated association became incorporated under this Act) whereby any breach of any of the provisions of this Act has occurred or whereby there has been default in the observance of the rules or constitution of the incorporated association or whereby any proceedings at or in connection with any meeting of the incorporated association or of the management committee thereof or any assemblage purporting to be such a meeting have been rendered ineffective, the court— may, either of its own motion or on the application of any interested person, make such order as it thinks fit to rectify or cause to be rectified or to negative or modify or cause to be modified the consequences in law of any such omission, defect, error or irregularity, or to validate any act, matter or thing rendered or alleged to have been rendered invalid by or as a result of any such omission, defect, error or irregularity; and shall before making any such order satisfy itself that such an order would not do injustice to the incorporated association or to any member or creditor thereof; and where any such order is made, may give such ancillary or consequential direction as it thinks fit; and may determine what notice or summons is to be given to other persons of the intention to make any such application or of the intention to make such an order, and whether and how it should be given or served and whether it should be advertised in any newspaper.\n(sec.133-ssec.4) The court may enlarge or abridge any time for doing any act or taking any proceeding allowed or limited by this Act or any rules or regulations made thereunder upon such terms (if any) as the justice of the case may require and any such enlargement may be ordered although the application for the same is not made until after the time originally allowed or limited.\n- (a) may, either of its own motion or on the application of any interested person, make such order as it thinks fit to rectify or cause to be rectified or to negative or modify or cause to be modified the consequences in law of any such omission, defect, error or irregularity, or to validate any act, matter or thing rendered or alleged to have been rendered invalid by or as a result of any such omission, defect, error or irregularity; and\n- (b) shall before making any such order satisfy itself that such an order would not do injustice to the incorporated association or to any member or creditor thereof; and\n- (c) where any such order is made, may give such ancillary or consequential direction as it thinks fit; and\n- (d) may determine what notice or summons is to be given to other persons of the intention to make any such application or of the intention to make such an order, and whether and how it should be given or served and whether it should be advertised in any newspaper.","sortOrder":264},{"sectionNumber":"sec.134","sectionType":"section","heading":"Regulation-making power","content":"### sec.134 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 134 amd 1990 No. 80 s 3 sch 6\nsub 1995 No. 7 s 18","sortOrder":265},{"sectionNumber":"sec.135","sectionType":"section","heading":"Regulations about fees and charges","content":"### sec.135 Regulations about fees and charges\n\nA regulation may be made about the fees and charges payable under this Act.\nA charge may be a tax.\ns 135 ins 1995 No. 7 s 18\n(sec.135-ssec.1) A regulation may be made about the fees and charges payable under this Act.\n(sec.135-ssec.2) A charge may be a tax.","sortOrder":266},{"sectionNumber":"sec.136","sectionType":"section","heading":"Penalties under regulations to be limited","content":"### sec.136 Penalties under regulations to be limited\n\nThe maximum penalty that may be prescribed by regulation for an offence against a regulation is 20 penalty units.\ns 136 ins 1995 No. 7 s 18\namd 2020 No. 17 s 44","sortOrder":267},{"sectionNumber":"sec.137","sectionType":"section","heading":"Other matters for regulations","content":"### sec.137 Other matters for regulations\n\nA regulation may make provision about—\nthe form in which the rules are to be kept by incorporated association; and\nthe model rules; and\nmatters that must be provided for in incorporated associations’ rules; and\nkeeping and inspecting the register; and\nissuing certificates of incorporation and copies of the certificates; and\nkeeping books of accounts by incorporated associations; and\naudits, returns, statements and information about books of accounts; and\ninspecting, and producing for inspection, books of account.\nIf a provision of this Act empowers a regulation to prescribe, for a particular purpose, a class of incorporated association, the regulation may prescribe a class by reference to—\nthe revenue, assets, or other financial characteristics of an incorporated association; or\nwhether an incorporated association is registered under an Act of the Commonwealth or a State; or\nwhether an incorporated association is required to prepare and submit financial statements under an Act of the Commonwealth or a State; or\nthe objects for an incorporated association; or\nany other matter relevant to the purpose.\ns 137 ins 1995 No. 7 s 18\namd 2020 No. 17 s 45\n(sec.137-ssec.1) A regulation may make provision about— the form in which the rules are to be kept by incorporated association; and the model rules; and matters that must be provided for in incorporated associations’ rules; and keeping and inspecting the register; and issuing certificates of incorporation and copies of the certificates; and keeping books of accounts by incorporated associations; and audits, returns, statements and information about books of accounts; and inspecting, and producing for inspection, books of account.\n(sec.137-ssec.2) If a provision of this Act empowers a regulation to prescribe, for a particular purpose, a class of incorporated association, the regulation may prescribe a class by reference to— the revenue, assets, or other financial characteristics of an incorporated association; or whether an incorporated association is registered under an Act of the Commonwealth or a State; or whether an incorporated association is required to prepare and submit financial statements under an Act of the Commonwealth or a State; or the objects for an incorporated association; or any other matter relevant to the purpose.\n- (a) the form in which the rules are to be kept by incorporated association; and\n- (b) the model rules; and\n- (c) matters that must be provided for in incorporated associations’ rules; and\n- (d) keeping and inspecting the register; and\n- (e) issuing certificates of incorporation and copies of the certificates; and\n- (f) keeping books of accounts by incorporated associations; and\n- (g) audits, returns, statements and information about books of accounts; and\n- (h) inspecting, and producing for inspection, books of account.\n- (a) the revenue, assets, or other financial characteristics of an incorporated association; or\n- (b) whether an incorporated association is registered under an Act of the Commonwealth or a State; or\n- (c) whether an incorporated association is required to prepare and submit financial statements under an Act of the Commonwealth or a State; or\n- (d) the objects for an incorporated association; or\n- (e) any other matter relevant to the purpose.","sortOrder":268},{"sectionNumber":"sec.138","sectionType":"section","heading":"Service","content":"### sec.138 Service\n\nA document may be served on an incorporated association by leaving it at, or sending it by post, telex, facsimile or similar facility to, the association’s nominated address, or to the address of the secretary, president or treasurer of the association shown in the records kept under this Act by the chief executive.\nSubsection (1) does not limit any way of serving an incorporated association provided under any other law, but does not apply to the service of a notice under section 93 .\ns 138 prev s 138 (prev s 68A) ins 1994 No. 48 s 51\nrenum 1995 No. 7 s 17\nexp 8 September 1996 (see prev s 138(3))\npres s 138 ins 1999 No. 63 s 17\namd 2007 No. 16 s 34\n(sec.138-ssec.1) A document may be served on an incorporated association by leaving it at, or sending it by post, telex, facsimile or similar facility to, the association’s nominated address, or to the address of the secretary, president or treasurer of the association shown in the records kept under this Act by the chief executive.\n(sec.138-ssec.2) Subsection (1) does not limit any way of serving an incorporated association provided under any other law, but does not apply to the service of a notice under section 93 .","sortOrder":269},{"sectionNumber":"sec.139","sectionType":"section","heading":null,"content":"### Section sec.139\n\ns 139 ins 1995 No. 7 s 19\nexp 8 September 1997 (see s 143)","sortOrder":270},{"sectionNumber":"sec.140","sectionType":"section","heading":null,"content":"### Section sec.140\n\ns 140 ins 1995 No. 7 s 19\nexp 8 September 1997 (see s 143)","sortOrder":271},{"sectionNumber":"sec.141","sectionType":"section","heading":null,"content":"### Section sec.141\n\ns 141 ins 1995 No. 7 s 19\nexp 8 September 1997 (see s 143)","sortOrder":272},{"sectionNumber":"sec.142","sectionType":"section","heading":null,"content":"### Section sec.142\n\ns 142 ins 1995 No. 7 s 19\nsub 1996 No. 56 s 31\nexp 8 September 1997 (see s 143)","sortOrder":273},{"sectionNumber":"sec.143","sectionType":"section","heading":null,"content":"### Section sec.143\n\ns 143 (prev s 76) ins 1995 No. 7 s 19\nrenum and reloc 1995 No. 51 s 4 sch\namd 1996 No. 56 s 32\nexp 8 September 1997 (see s 143)","sortOrder":274},{"sectionNumber":"pt.17","sectionType":"part","heading":"Savings","content":"# Savings","sortOrder":275},{"sectionNumber":"sec.144","sectionType":"section","heading":"Saving of letters patent","content":"### sec.144 Saving of letters patent\n\nSubject to the provisions of this Act, letters patent issued pursuant to the Religious Educational and Charitable Institutions Act 1861 continue to be of full force and effect and to be subject to that Act as if this Act had not been passed.\ns 144 (prev s 4) amd 1989 No. 103 s 3 sch ; 1993 No. 76 s 3 sch 2\nrenum and reloc 1995 No. 7 s 3 sch\namd 1995 No. 7 s 3 sch (as amd 1995 No. 57 s 4 sch 2 )","sortOrder":276},{"sectionNumber":"pt.18","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":277},{"sectionNumber":"pt.18-div.1","sectionType":"division","heading":"Transitional provision for Audit Legislation Amendment Act 2006","content":"## Transitional provision for Audit Legislation Amendment Act 2006","sortOrder":278},{"sectionNumber":"sec.145","sectionType":"section","heading":"Audits","content":"### sec.145 Audits\n\nThis section applies if—\nbefore the commencement, an incorporated association appointed a person mentioned in pre-amended section 59(1)(b)(ii) or (iii) to audit the association’s financial affairs for the 2004-2005 financial year; and\nthe person has not performed the audit before the commencement.\nFor the purpose of the person performing the audit, pre-amended section 59(1)(b)(ii) or (iii) continues to apply as if the Audit Legislation Amendment Act 2006 had not commenced.\nIn this section—\ncommencement means commencement of this section.\npre-amended , in relation to section 59(1)(b)(ii) or (iii), means the provision as in force before the commencement.\ns 145 ins 2006 No. 9 s 4\namd 2007 No. 16 s 36\n(sec.145-ssec.1) This section applies if— before the commencement, an incorporated association appointed a person mentioned in pre-amended section 59(1)(b)(ii) or (iii) to audit the association’s financial affairs for the 2004-2005 financial year; and the person has not performed the audit before the commencement.\n(sec.145-ssec.2) For the purpose of the person performing the audit, pre-amended section 59(1)(b)(ii) or (iii) continues to apply as if the Audit Legislation Amendment Act 2006 had not commenced.\n(sec.145-ssec.3) In this section— commencement means commencement of this section. pre-amended , in relation to section 59(1)(b)(ii) or (iii), means the provision as in force before the commencement.\n- (a) before the commencement, an incorporated association appointed a person mentioned in pre-amended section 59(1)(b)(ii) or (iii) to audit the association’s financial affairs for the 2004-2005 financial year; and\n- (b) the person has not performed the audit before the commencement.","sortOrder":279},{"sectionNumber":"pt.18-div.2","sectionType":"division","heading":"Transitional provisions for Associations Incorporation and Other Legislation Amendment Act 2007","content":"## Transitional provisions for Associations Incorporation and Other Legislation Amendment Act 2007","sortOrder":280},{"sectionNumber":"sec.146","sectionType":"section","heading":"Nominated address","content":"### sec.146 Nominated address\n\nThis section applies if, immediately before the commencement of this section, an incorporated association had a registered office complying with section 17(2) as in force immediately before the commencement.\nOn the commencement, the incorporated association’s registered office is taken to be the association’s nominated address.\ns 146 ins 2007 No. 16 s 37\n(sec.146-ssec.1) This section applies if, immediately before the commencement of this section, an incorporated association had a registered office complying with section 17(2) as in force immediately before the commencement.\n(sec.146-ssec.2) On the commencement, the incorporated association’s registered office is taken to be the association’s nominated address.","sortOrder":281},{"sectionNumber":"sec.147","sectionType":"section","heading":"Association’s name","content":"### sec.147 Association’s name\n\nThis section applies if, on the commencement of this section, an incorporated association’s name does not comply with section 29(3).\nThe incorporated association is not required to comply with section 29(3) until 3 months after the next annual general meeting of the association after the commencement.\ns 147 ins 2007 No. 16 s 37\n(sec.147-ssec.1) This section applies if, on the commencement of this section, an incorporated association’s name does not comply with section 29(3).\n(sec.147-ssec.2) The incorporated association is not required to comply with section 29(3) until 3 months after the next annual general meeting of the association after the commencement.","sortOrder":282},{"sectionNumber":"sec.148","sectionType":"section","heading":"Insurance","content":"### sec.148 Insurance\n\nThis section applies if an incorporated association has an annual general meeting within 3 months after the commencement of this section.\nThe management committee of the incorporated association is not required to comply with section 70(2) and (3) until its second annual general meeting after the commencement.\ns 148 ins 2007 No. 16 s 37\n(sec.148-ssec.1) This section applies if an incorporated association has an annual general meeting within 3 months after the commencement of this section.\n(sec.148-ssec.2) The management committee of the incorporated association is not required to comply with section 70(2) and (3) until its second annual general meeting after the commencement.","sortOrder":283},{"sectionNumber":"sec.149","sectionType":"section","heading":"Financial reporting","content":"### sec.149 Financial reporting\n\nThe provisions of part 6, division 2, as amended by the Associations Incorporation and Other Legislation Amendment Act 2007 , only apply to an incorporated association if the end date of the association’s reportable financial year happens after the commencement of this section.\ns 149 ins 2007 No. 16 s 37","sortOrder":284},{"sectionNumber":"sec.150","sectionType":"section","heading":"Approved persons","content":"### sec.150 Approved persons\n\nThis section applies if, immediately before the commencement of this section, a person was approved by the chief executive under section 59(1)(b)(v), as in force immediately before the commencement, as having appropriate qualifications to audit the financial affairs of an incorporated association.\nOn the commencement, the person is taken to be an approved person for the incorporated association.\ns 150 ins 2007 No. 16 s 37\n(sec.150-ssec.1) This section applies if, immediately before the commencement of this section, a person was approved by the chief executive under section 59(1)(b)(v), as in force immediately before the commencement, as having appropriate qualifications to audit the financial affairs of an incorporated association.\n(sec.150-ssec.2) On the commencement, the person is taken to be an approved person for the incorporated association.","sortOrder":285},{"sectionNumber":"pt.18-div.3","sectionType":"division","heading":"Transitional provisions for Associations Incorporation and Other Legislation Amendment Act 2020","content":"## Transitional provisions for Associations Incorporation and Other Legislation Amendment Act 2020","sortOrder":286},{"sectionNumber":"sec.151","sectionType":"section","heading":"Application for incorporation made before commencement","content":"### sec.151 Application for incorporation made before commencement\n\nThis section applies if, before the commencement, an application for incorporation of an association was made under section 9 and immediately before the commencement, the application had not been finally dealt with.\nThe chief executive must decide the application under the Act as in force immediately before the commencement.\ns 151 ins 2020 No. 17 s 46\n(sec.151-ssec.1) This section applies if, before the commencement, an application for incorporation of an association was made under section 9 and immediately before the commencement, the application had not been finally dealt with.\n(sec.151-ssec.2) The chief executive must decide the application under the Act as in force immediately before the commencement.","sortOrder":287},{"sectionNumber":"sec.152","sectionType":"section","heading":"Requirement for rules to include grievance procedure","content":"### sec.152 Requirement for rules to include grievance procedure\n\nThe requirement under section 47A for the rules of an incorporated association to set out a grievance procedure as mentioned in that section applies whether the association was incorporated before or after the commencement.\ns 152 ins 2020 No. 17 s 46","sortOrder":288},{"sectionNumber":"sec.153","sectionType":"section","heading":"Financial reporting obligations","content":"### sec.153 Financial reporting obligations\n\nThe obligations under part 6, division 2 of an incorporated association, or members of the management committee of an incorporated association, apply to an incorporated association, or members of the management committee of an incorporated association, whether the association was incorporated before or after the commencement.\ns 153 ins 2020 No. 17 s 46","sortOrder":289},{"sectionNumber":"sec.154","sectionType":"section","heading":"Disclosure of information to Commissioner of the ACNC","content":"### sec.154 Disclosure of information to Commissioner of the ACNC\n\nThe power of the chief executive under section 119B to enter into an arrangement with, or disclose information to, the commissioner applies in relation to information obtained under this Act whether before or after the commencement.\nIn this section—\ncommissioner see section 119B(2).\ns 154 ins 2020 No. 17 s 46\n(sec.154-ssec.1) The power of the chief executive under section 119B to enter into an arrangement with, or disclose information to, the commissioner applies in relation to information obtained under this Act whether before or after the commencement.\n(sec.154-ssec.2) In this section— commissioner see section 119B(2).","sortOrder":290},{"sectionNumber":"pt.18-div.4","sectionType":"division","heading":"Transitional provisions for Co-operatives National Law Act 2020","content":"## Transitional provisions for Co-operatives National Law Act 2020","sortOrder":291},{"sectionNumber":"sec.155","sectionType":"section","heading":"Definitions for division","content":"### sec.155 Definitions for division\n\nIn this division—\namended , in relation to a provision of this Act, means as in force after the provision was amended by the Co-operatives National Law Act 2020 .\ncooperative means a cooperative under the repealed Act.\nformer , in relation to a provision of this Act, means as in force immediately before the provision was amended or repealed by the Co-operatives National Law Act 2020 .\nrepealed Act means the repealed Cooperatives Act 1997 .\ns 155 ins 2020 No. 18 s 64","sortOrder":292},{"sectionNumber":"sec.156","sectionType":"section","heading":"Existing applications for cooperative to become incorporated association","content":"### sec.156 Existing applications for cooperative to become incorporated association\n\nThis section applies to—\nan application made under former section 105C, but not decided, before the commencement; or\nan application made under amended section 105C if the special resolution mentioned in amended section 105C(3)(a) was made and registered before the commencement.\nThe chief executive must decide the application under amended section 105D as if—\nfor an application mentioned in subsection (1)(a)—the application were an application made under amended section 105C; and\na reference in amended section 105C to registration under the Co-operatives National Law (Queensland) were a reference to registration under the repealed Act.\ns 156 ins 2020 No. 18 s 64\n(sec.156-ssec.1) This section applies to— an application made under former section 105C, but not decided, before the commencement; or an application made under amended section 105C if the special resolution mentioned in amended section 105C(3)(a) was made and registered before the commencement.\n(sec.156-ssec.2) The chief executive must decide the application under amended section 105D as if— for an application mentioned in subsection (1)(a)—the application were an application made under amended section 105C; and a reference in amended section 105C to registration under the Co-operatives National Law (Queensland) were a reference to registration under the repealed Act.\n- (a) an application made under former section 105C, but not decided, before the commencement; or\n- (b) an application made under amended section 105C if the special resolution mentioned in amended section 105C(3)(a) was made and registered before the commencement.\n- (a) for an application mentioned in subsection (1)(a)—the application were an application made under amended section 105C; and\n- (b) a reference in amended section 105C to registration under the Co-operatives National Law (Queensland) were a reference to registration under the repealed Act.","sortOrder":293},{"sectionNumber":"sec.157","sectionType":"section","heading":"Existing decisions about incorporation of cooperatives","content":"### sec.157 Existing decisions about incorporation of cooperatives\n\nThis section applies if, before the commencement, the chief executive—\ndecided to grant an application made under former section 105C for a cooperative to become an incorporated association; and\nhad not issued a certificate of incorporation under former section 105D.\nFor subsection (1)(a), the chief executive decided to grant an application made under former section 105C if the chief executive was satisfied of the matters mentioned in former section 105D(2) in relation to the application.\nThe chief executive must promptly issue a certificate of incorporation under this Act for the proposed incorporated association.\nAmended section 105D(3) applies in relation to the certificate of incorporation.\ns 157 ins 2020 No. 18 s 64\n(sec.157-ssec.1) This section applies if, before the commencement, the chief executive— decided to grant an application made under former section 105C for a cooperative to become an incorporated association; and had not issued a certificate of incorporation under former section 105D.\n(sec.157-ssec.2) For subsection (1)(a), the chief executive decided to grant an application made under former section 105C if the chief executive was satisfied of the matters mentioned in former section 105D(2) in relation to the application.\n(sec.157-ssec.3) The chief executive must promptly issue a certificate of incorporation under this Act for the proposed incorporated association.\n(sec.157-ssec.4) Amended section 105D(3) applies in relation to the certificate of incorporation.\n- (a) decided to grant an application made under former section 105C for a cooperative to become an incorporated association; and\n- (b) had not issued a certificate of incorporation under former section 105D.","sortOrder":294},{"sectionNumber":"sec.158","sectionType":"section","heading":"Incorporation of cooperatives under repealed Act before commencement","content":"### sec.158 Incorporation of cooperatives under repealed Act before commencement\n\nThis section applies in relation to a cooperative that became an incorporated association under former part 11 before the commencement.\nSection 105E and amended sections 105F and 105G apply in relation to the incorporated association as if—\na reference in section 105E to the transfer day for an incorporated association were a reference to the day the chief executive issued the certificate of incorporation for the association; and\na reference in amended sections 105F and 105G to a co-operative were a reference to a cooperative.\ns 158 ins 2020 No. 18 s 64\n(sec.158-ssec.1) This section applies in relation to a cooperative that became an incorporated association under former part 11 before the commencement.\n(sec.158-ssec.2) Section 105E and amended sections 105F and 105G apply in relation to the incorporated association as if— a reference in section 105E to the transfer day for an incorporated association were a reference to the day the chief executive issued the certificate of incorporation for the association; and a reference in amended sections 105F and 105G to a co-operative were a reference to a cooperative.\n- (a) a reference in section 105E to the transfer day for an incorporated association were a reference to the day the chief executive issued the certificate of incorporation for the association; and\n- (b) a reference in amended sections 105F and 105G to a co-operative were a reference to a cooperative.","sortOrder":295},{"sectionNumber":"sec.159","sectionType":"section","heading":"Existing resolutions about registration as a cooperative","content":"### sec.159 Existing resolutions about registration as a cooperative\n\nThis section applies if, before the commencement—\nan incorporated association decided by special resolution to register as a cooperative; and\nthe incorporated association was not registered as a cooperative.\nThe special resolution is taken to be a decision to register as a co-operative under the Co-operatives National Law (Queensland).\ns 159 ins 2020 No. 18 s 64\n(sec.159-ssec.1) This section applies if, before the commencement— an incorporated association decided by special resolution to register as a cooperative; and the incorporated association was not registered as a cooperative.\n(sec.159-ssec.2) The special resolution is taken to be a decision to register as a co-operative under the Co-operatives National Law (Queensland).\n- (a) an incorporated association decided by special resolution to register as a cooperative; and\n- (b) the incorporated association was not registered as a cooperative.","sortOrder":296},{"sectionNumber":"sec.160","sectionType":"section","heading":"Existing applications for consent to register as cooperative","content":"### sec.160 Existing applications for consent to register as cooperative\n\nThis section applies to an application made under former section 105L, but not decided, before the commencement.\nThe chief executive must decide the application under amended section 105M as if it were an application made under amended section 105L for consent to register as a co-operative under the Co-operatives National Law (Queensland).\ns 160 ins 2020 No. 18 s 64\n(sec.160-ssec.1) This section applies to an application made under former section 105L, but not decided, before the commencement.\n(sec.160-ssec.2) The chief executive must decide the application under amended section 105M as if it were an application made under amended section 105L for consent to register as a co-operative under the Co-operatives National Law (Queensland).","sortOrder":297},{"sectionNumber":"sec.161","sectionType":"section","heading":"Existing decisions to give consent to proposed registration as cooperative","content":"### sec.161 Existing decisions to give consent to proposed registration as cooperative\n\nThis section applies if, before the commencement, the chief executive—\nhaving considered an application made under former section 105L, decided to consent to an incorporated association’s proposed registration as a cooperative; and\nhad not issued a certificate under former section 105M(1) in relation to the decision.\nFor subsection (1)(a), the chief executive decided to give the consent if the chief executive was satisfied of the matters mentioned in former section 105M(2) in relation to the application.\nThe chief executive must promptly give the incorporated association a certificate that states the chief executive—\nis satisfied of the matters mentioned in former section 105M(2); and\nconsents to the association’s proposed registration as a co-operative under the Co-operatives National Law (Queensland).\nA certificate given to an incorporated association under subsection (3) expires 30 days after it is given.\ns 161 ins 2020 No. 18 s 64\n(sec.161-ssec.1) This section applies if, before the commencement, the chief executive— having considered an application made under former section 105L, decided to consent to an incorporated association’s proposed registration as a cooperative; and had not issued a certificate under former section 105M(1) in relation to the decision.\n(sec.161-ssec.2) For subsection (1)(a), the chief executive decided to give the consent if the chief executive was satisfied of the matters mentioned in former section 105M(2) in relation to the application.\n(sec.161-ssec.3) The chief executive must promptly give the incorporated association a certificate that states the chief executive— is satisfied of the matters mentioned in former section 105M(2); and consents to the association’s proposed registration as a co-operative under the Co-operatives National Law (Queensland).\n(sec.161-ssec.4) A certificate given to an incorporated association under subsection (3) expires 30 days after it is given.\n- (a) having considered an application made under former section 105L, decided to consent to an incorporated association’s proposed registration as a cooperative; and\n- (b) had not issued a certificate under former section 105M(1) in relation to the decision.\n- (a) is satisfied of the matters mentioned in former section 105M(2); and\n- (b) consents to the association’s proposed registration as a co-operative under the Co-operatives National Law (Queensland).","sortOrder":298},{"sectionNumber":"sec.162","sectionType":"section","heading":"Existing consent to proposed registration as cooperative","content":"### sec.162 Existing consent to proposed registration as cooperative\n\nThis section applies to a certificate given to an incorporated association under former section 105M(1) before the commencement.\nThe certificate is taken to be a certificate given to the incorporated association under amended section 105M(1) that states that the chief executive consents to the association’s proposed registration as a co-operative under the Co-operatives National Law (Queensland).\nThe certificate expires 30 days after it was given to the incorporated association.\ns 162 ins 2020 No. 18 s 64\n(sec.162-ssec.1) This section applies to a certificate given to an incorporated association under former section 105M(1) before the commencement.\n(sec.162-ssec.2) The certificate is taken to be a certificate given to the incorporated association under amended section 105M(1) that states that the chief executive consents to the association’s proposed registration as a co-operative under the Co-operatives National Law (Queensland).\n(sec.162-ssec.3) The certificate expires 30 days after it was given to the incorporated association.","sortOrder":299},{"sectionNumber":"pt.18-div.5","sectionType":"division","heading":"Transitional provision for Industrial Relations and Other Legislation Amendment Act 2022","content":"## Transitional provision for Industrial Relations and Other Legislation Amendment Act 2022","sortOrder":300},{"sectionNumber":"sec.163","sectionType":"section","heading":"Existing applications related to industrial purpose","content":"### sec.163 Existing applications related to industrial purpose\n\nThis section applies if—\nan application under section 9 or 48 was made, but not decided, before the commencement; and\non the commencement, the application is an application to which section 10A or 48A applies.\nThis Act, as in force from the commencement, applies for deciding the application.\nWithout limiting subsection (2), the chief executive may, by notice, require the applicant to give the chief executive a statutory declaration mentioned in section 9(4) or 48(6)(b)(ii).\ns 163 ins 2022 No. 27 s 85\n(sec.163-ssec.1) This section applies if— an application under section 9 or 48 was made, but not decided, before the commencement; and on the commencement, the application is an application to which section 10A or 48A applies.\n(sec.163-ssec.2) This Act, as in force from the commencement, applies for deciding the application.\n(sec.163-ssec.3) Without limiting subsection (2), the chief executive may, by notice, require the applicant to give the chief executive a statutory declaration mentioned in section 9(4) or 48(6)(b)(ii).\n- (a) an application under section 9 or 48 was made, but not decided, before the commencement; and\n- (b) on the commencement, the application is an application to which section 10A or 48A applies.","sortOrder":301}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.44 (ssec.3 and ssec.4)","severity":"medium","reasoning":"Section 44(3)(b) requires the association to apply within 35 days of 'sending' the notice, but section 44(4) measures the cancellation trigger as 40 days after 'it is given the notice'. 'Sending' and 'being given' a notice may occur on different days (especially by post), creating a 5-day window that may be insufficient or inconsistent depending on delivery timing. An association complying with the 35-day obligation from 'sending' may still fall outside the 40-day window from 'being given' if the notice took time to arrive.","confidence":0.65,"description":"The section asks the association to apply for a new name within 35 days of sending the notice, but then measures the compliance deadline as 40 days after the notice is 'given'. These are two different time periods triggered by two different events (sending vs giving), creating an impossible compliance calculation where an association cannot know with certainty when the 40-day clock starts relative to the 35-day obligation."},{"type":"self_contradicting","section":"sec.5 (ssec.1)(b)(i)","severity":"high","reasoning":"Section 5(1)(b)(i) bars a corporation from being eligible for incorporation under this Act. Yet section 1B(3) legislates for the scenario where a company under the Corporations Act 'becomes an incorporated association under this Act', treating this as a possible occurrence and providing rules for it. If no corporation could ever be incorporated under this Act, section 1B(3) would be a dead letter with no operative effect.","confidence":0.72,"description":"An association that is already a corporation is ineligible for incorporation under this Act. However, section 1B(3) explicitly extends the exclusion from Corporations legislation to 'a company within the meaning of the Corporations Act as soon as it becomes an incorporated association under this Act', implying that a company (which is a corporation) can become an incorporated association — directly contradicting the eligibility bar."},{"type":"self_contradicting","section":"sec.4 (ssec.1)(g)","severity":"medium","reasoning":"Section 4(1)(g) says the right of members to divide property on dissolution does not constitute a financial gain purpose. This should allow incorporation. But section 5(1)(e)(ii) says if holding divisible property is the main purpose, the association is ineligible. Both provisions could apply to the same association, producing contradictory outcomes depending on which section is applied first or given priority.","confidence":0.78,"description":"Section 4(1)(g) provides that an association is not formed for financial gain merely because members are entitled to divide property on dissolution. However, section 5(1)(e)(ii) makes an association ineligible for incorporation if its main purpose is holding property that members have a right to divide. The boundary between a permissible entitlement to divide (sec.4) and an impermissible main purpose of holding divisible property (sec.5) is logically irreconcilable — the same factual scenario could simultaneously satisfy both provisions."},{"type":"other","section":"sec.3 (ssec.4)","severity":"medium","reasoning":"The provision makes a presiding officer's declaration conclusive (subject only to a poll being demanded). If no poll is demanded, a false declaration becomes unchallengeable legal truth. This is an inherent tension — the Act elsewhere requires strict procedural compliance with notice requirements (sec.3(3)), yet the verification mechanism for the actual vote outcome is effectively unreviewable absent a poll.","confidence":0.6,"description":"A declaration by the presiding person that a resolution was passed by 3/4 of members present is stated to be 'conclusive evidence' of the fact. This means even if the actual vote count showed fewer than 3/4 support, the declaration is irrebuttable. This creates a scenario where a factually incorrect declaration of passage is treated as legally binding truth, enabling fraudulent validation of resolutions."},{"type":"self_contradicting","section":"sec.15 (ssec.2)","severity":"medium","reasoning":"Section 15(2) makes the certificate conclusive of compliance with registration requirements, which include rules compliance per section 9(3)(b) and section 12(2). Section 46(3) then carves out that the register entry does not validate defective rules. The two provisions produce an irreconcilable tension: the certificate proves compliance, but defects in the rules survive registration regardless.","confidence":0.75,"description":"The certificate of incorporation is 'conclusive evidence' that all requirements of the Act about registration and preceding matters have been complied with. However, section 46(3) explicitly states that an entry in the register stating an association's proposed rules are the rules of the association 'does not validate, or cure any defect in, the rules'. These two provisions conflict: the certificate is conclusive that registration requirements (including rules compliance) were met, yet separately the rules can still be defective."},{"type":"other","section":"sec.47A (ssec.6) and (ssec.7)","severity":"low","reasoning":"Associations may reasonably read section 47(3) as providing a blanket opt-out from automatic model rule supplementation. Section 47A(7) overrides this in respect of the grievance procedure without clear signposting in section 47 itself. While arguably deliberate policy, it creates a logical anomaly where an opt-out provision does not fully opt out.","confidence":0.65,"description":"Section 47(3) allows an association's rules to opt out of the automatic supplementation mechanism in section 47(1). Section 47A(7) then declares that the mandatory grievance procedure (section 47A(6)) applies even if the association has opted out under section 47(3). This creates a hierarchy where opting out of model rules supplementation is permitted for all purposes except the grievance procedure — meaning the opt-out in section 47(3) is partially ineffective, undermining the clarity of the opt-out mechanism."},{"type":"other","section":"sec.14 (ssec.1)","severity":"low","reasoning":"While the Act appears to use incorporation and registration as synonymous, this is never explicitly stated. The inconsistency between 'application for incorporation' (sections 9, 10, 11, 12) and 'application for registration' (section 14) creates ambiguity about whether these are separate processes or the same process described inconsistently.","confidence":0.5,"description":"Section 14(1) refers to granting an 'application for registration' but the application made under section 9 is described throughout as an 'application for incorporation'. The conflation of 'registration' and 'incorporation' as interchangeable concepts creates terminological confusion, particularly given that section 12 consistently refers to 'application for incorporation' while section 14 switches to 'application for registration'."}],"contradictions":[{"severity":"high","section_a":"sec.5 (ssec.1)(b)(i)","section_b":"sec.1B (ssec.3)","confidence":0.72,"description":"Section 5(1)(b)(i) prohibits a corporation from being incorporated under this Act. Section 1B(3) expressly contemplates and legislates for the scenario where a company under the Corporations Act becomes an incorporated association under this Act. If the former is absolute, the latter has no operative field of application."},{"severity":"high","section_a":"sec.4 (ssec.1)(g)","section_b":"sec.5 (ssec.1)(e)(ii)","confidence":0.78,"description":"Section 4(1)(g) provides that members being entitled to divide association property on dissolution does not constitute formation for financial gain. Section 5(1)(e)(ii) makes an association ineligible if its main purpose is holding property that members have a right to divide. The same factual scenario — member entitlement to divide property — is simultaneously permitted under section 4 and prohibited under section 5."},{"severity":"medium","section_a":"sec.15 (ssec.2)","section_b":"sec.46 (ssec.3)","confidence":0.75,"description":"Section 15(2) makes the certificate of incorporation conclusive evidence that all Act requirements about registration (including rules compliance) have been met. Section 46(3) expressly states that the register entry does not validate or cure any defect in the rules. These provisions are irreconcilable: the certificate conclusively proves rules compliance, yet defective rules remain defective regardless of registration."},{"severity":"low","section_a":"sec.47 (ssec.3)","section_b":"sec.47A (ssec.6) and (ssec.7)","confidence":0.65,"description":"Section 47(3) permits an association's rules to opt out of the automatic model rules supplementation mechanism in section 47(1). Section 47A(7) overrides this opt-out specifically for the grievance procedure provisions, meaning the opt-out granted by section 47(3) is not a true opt-out — it is subject to an undisclosed exception that undermines associations' ability to rely on the opt-out mechanism."},{"severity":"medium","section_a":"sec.3 (ssec.3)","section_b":"sec.3 (ssec.4)","confidence":0.58,"description":"Section 3(3) states a special resolution about which notice has not been given has 'no effect'. Section 3(4) makes the presiding officer's declaration of passage 'conclusive evidence' of the resolution having been passed. If a declaration is made conclusive, it potentially rehabilitates a void resolution for which no notice was given, since the conclusive declaration would constitute evidence of passage notwithstanding the defect."},{"severity":"low","section_a":"sec.12 (ssec.1)","section_b":"sec.12 (ssec.3)","confidence":0.5,"description":"Section 12(1) states the chief executive 'must' either grant or refuse an application, implying discretion. Section 12(3) mandates the chief executive 'must refuse' if the industrial registrar establishes the objection ground. However, section 12(1) requires consideration of 'objections properly made' before deciding, while section 10A(3) prohibits deciding before receiving the industrial registrar's notice — creating a procedural sequence that could produce deadlock if the industrial registrar never responds."}]},"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":11,"completionTokens":3808},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally a simple incorporation and registration statute, the Act has expanded into a comprehensive corporate governance and financial accountability regime. It now imposes director-style duties on officers, tiered financial reporting and auditing obligations, applied Corporations Act provisions for insolvency and winding up, mechanisms to transfer incorporation to companies or Aboriginal and Torres Strait Islander corporations, co-operative conversion provisions, and data-sharing arrangements with national charities regulators. The scope has clearly grown well beyond basic association registration."},"complexity_factors":["Three-tier financial reporting regime (small, medium, large) with different audit, verification and lodgement requirements","Extensive cross-referencing to external statutes including the Corporations Act, Industrial Relations Act 2016, Co-operatives National Law and Fair Trading Inspectors Act 2014","Applied Corporations legislation matters for winding up and voluntary administration, imported with scheduled modifications in Schedule 1","Multiple conditional eligibility criteria and exclusions for incorporation, including industrial-purpose checks and mandatory industrial registrar consultation","Nested offence and defence provisions imposing personal liability on management committee members for breaches of financial and governance obligations","Lengthy amendment history visible in section annotations, indicating frequent and layered legislative changes since 1981"],"plain_english_summary":"**What this Act does**\n\nThis Act creates a legal framework for community groups, clubs, charities and other not-for-profit organisations in Queensland to become incorporated. Incorporation gives an association its own legal identity separate from its members, meaning it can own property, sign contracts and sue (or be sued) in its own name.\n\n**Who it affects**\n\nAnyone who runs, joins or deals with an incorporated association in Queensland — from small local clubs and hobby societies to large charities and community service organisations.\n\n**Key areas covered**\n\n- **Becoming incorporated**: An association needs at least 7 members and must not exist mainly to provide private financial gain to its members. The group must pass a special resolution (a vote of at least three-quarters of members present) to apply, submit proposed rules to the government regulator, and receive a certificate of incorporation.\n- **Name and rules**: An incorporated association must include “Incorporated” or “Inc.” in its name. It must have rules (similar to a constitution) setting out how it operates. The Act provides default “model rules” that fill gaps if an association’s own rules are silent on a matter. Associations must also have a grievance procedure to resolve internal disputes.\n- **Management and governance**: A management committee of at least three adults (including a president and treasurer) runs the association. Officers have legal duties similar to company directors — they must act with care and diligence, in good faith, avoid misusing their position, disclose material personal interests, and must not allow the association to trade while insolvent (unable to pay its debts).\n- **Financial accountability**: The Act classifies associations by size — small, medium and large — based on current assets and total revenue. Larger associations face stricter reporting, including audited financial statements. All associations must keep proper financial records and present reports at their annual general meeting.\n- **Members’ rights**: Members have a right to see the rules, inspect minutes of general meetings, and inspect financial documents. If internal grievance procedures fail, disputes about members’ rights can go to the Supreme Court.\n- **Changing or ending the association**: The Act covers changing an association’s name, amalgamating (merging) with other associations, transferring to a different corporate structure (such as a company limited by guarantee or an Aboriginal and Torres Strait Islander corporation), and winding up or cancelling incorporation. Leftover assets on winding up must generally be used for not-for-profit purposes.\n- **Enforcement and oversight**: The chief executive registers associations, can demand financial information, and can cancel incorporation if the association breaks the rules or ceases to operate properly. Parts of the national *Corporations Act* also apply for voluntary administration and winding up."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1981 Act was focused primarily on the basic mechanics of incorporation. Over four decades of amendments, the scope has significantly expanded to include detailed financial accountability requirements, corporate governance standards, grievance and dispute resolution procedures for members, data privacy protections for register information, integration with the industrial relations framework for union-like associations, protections for vulnerable persons (e.g. suppressing addresses of domestic violence victims from the register), and explicit exclusion from national corporations legislation. The law has evolved from a simple registration scheme into a comprehensive governance framework for the non-profit sector."},"complexity_factors":["Multiple interacting pieces of legislation (Corporations Act, Industrial Relations Act 2016, Fair Trading Inspectors Act 2014, Local Government Electoral Act 2011, Partnership Act 1891, Education (General Provisions) Act 2006) create a web of cross-references that are difficult to navigate without reading multiple laws","Eligibility exclusions (section 5) involve deeply nested conditions with multiple layers of sub-paragraphs, making it hard to determine at a glance whether a particular group qualifies","The definition of 'financial gain for members' (section 4) contains an extensive list of exceptions and carve-outs that require careful analysis to apply correctly","Ultra vires provisions (section 26) use archaic legal language from contract and property law that is inaccessible to non-lawyers","The industrial purpose pathway (sections 10A, 12) introduces a parallel regulatory process involving the industrial registrar that sits outside the main incorporation process","Trust law concepts (section 22) — property held on trust, covenants — require specialist legal knowledge to understand","Numerous administrative processes (application, notice, objection, decision, appeal) with specific timeframes (14 days, 30 days, 3 months, 35/40 days) that must be tracked carefully","The interplay between model rules and custom rules (sections 46, 47, 47A) — including automatic incorporation of model rule provisions — creates uncertainty about what rules actually govern an association","Significant legislative history with many amendments over 40+ years creating inconsistent language and style throughout the Act"],"plain_english_summary":"## Associations Incorporation Act 1981 (Queensland)\n\n### What is this law about?\n\nThis Queensland law creates a system that allows community groups, clubs, and non-profit organisations to become legally recognised entities (called \"incorporated associations\"). Think of it like getting an official legal identity for your local sports club, community group, hobby society, or charity.\n\n### Who does it affect?\n\n- **Community groups, clubs, charities, and non-profits** wanting legal status\n- **Members of those organisations** (including ordinary members and committee members)\n- **Officers and committee members** who run these organisations\n- **Third parties** (businesses, individuals) who deal with these organisations\n\n### Why does it matter?\n\n**Before incorporation**, a group like a local football club has no official legal identity — it can't easily own property, sign contracts, or be sued as an entity. Individual members could be personally liable for the club's debts.\n\n**After incorporation**, the group becomes a proper legal entity (called a \"body corporate\") that can:\n- Own property in its own name\n- Sign contracts\n- Sue or be sued (not the individual members)\n- Protect members from personal liability for the organisation's debts\n\n### Key things covered by this law:\n\n1. **Who can incorporate** — You need at least 7 members, can't be profit-driven for members, and can't already be covered by another law.\n\n2. **How to incorporate** — Members vote (at least 75% must agree), adopt rules for the organisation, and apply to the government (the \"chief executive\" of the relevant department).\n\n3. **The name** — Must include \"Incorporated\" or \"Inc\" at the end. Only incorporated associations can use this word — others using it can be fined.\n\n4. **Rules of the organisation** — The law sets minimum standards for how the organisation must be run, including dispute resolution processes (grievance procedures) for members.\n\n5. **Financial accountability and governance** — The law sets standards for how the organisation manages its money and is governed.\n\n6. **Relationship with corporations law** — Incorporated associations are specifically excluded from most national corporations (company) laws, so this Queensland law governs them instead.\n\n7. **Privacy protections** — Information from the register of incorporated associations cannot be used for advertising or marketing without the association's approval.\n\n8. **Industrial organisations** — If an association has a \"union-like\" purpose (an industrial purpose), there's a special process involving the industrial registrar before it can be registered."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original Act (1981) provided a simple mechanism for unincorporated associations to become incorporated, focusing on incorporation and basic operational rules. Over time, amendments have added extensive corporate governance requirements (e.g., mandatory management committees, officer duties, disclosure of interests), detailed financial reporting obligations (tiered based on size), and mechanisms for voluntary administration, winding up, cancellation, and reinstatement. The Act now also allows conversion to and from co-operatives and transfer to companies limited by guarantee, significantly expanding its original scope from a basic incorporation scheme to a comprehensive regulatory framework for not-for-profit organisations."},"complexity_factors":["Over 160 sections across 18 parts and multiple divisions","Extensive cross-referencing to the Corporations Act and other Queensland legislation","Large number of defined terms (located in Schedule 2)","Complex classification system for financial reporting (small, medium, large associations) with regulatory thresholds","Detailed provisions for special resolutions, meetings, and quorums with multiple exceptions","Layered powers for the chief executive to request information, cancel incorporations, and reinstate associations","Transitional provisions for multiple amending Acts over several decades","Provisions for voluntary administration and winding up that apply federal Corporations Act with state-specific modifications"],"plain_english_summary":"This Act sets up a system for groups of people (at least 7) to become legal entities called 'incorporated associations'. Once incorporated, the group can own property, enter contracts, and sue or be sued in its own name, and its members generally have limited personal liability for the association's debts. The Act covers the entire lifecycle of an association: how to apply for incorporation (including eligibility and objections), what rules the association must have (its constitution), how it must be run (management committee, meetings, financial record-keeping and reporting), how to change its name or rules, how to amalgamate with other associations, and how to wind up or cancel its incorporation. It also sets out duties for officers (like care and diligence, good faith, and avoiding conflicts of interest) and provides for voluntary administration and winding up under the Corporations Act. The Act applies to associations that are not-for-profit and not formed for financial gain, though some incidental trading is allowed."}},"importantCases":[],"_links":{"self":"/api/acts/associations-incorporation-act-1981","history":"/api/acts/associations-incorporation-act-1981/history","analysis":"/api/acts/associations-incorporation-act-1981/analysis","conflicts":"/api/acts/associations-incorporation-act-1981/conflicts","importantCases":"/api/acts/associations-incorporation-act-1981/important-cases","documents":"/api/acts/associations-incorporation-act-1981/documents"}}