{"id":"a-1991-46","name":"Associations Incorporation Act 1991","slug":"associations-incorporation-act-1991","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"46 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23097,"registerId":"act-a-1991-46-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"6","sectionType":"section","heading":"December 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 6 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n3A Offences against Act—application of Criminal Code etc 3\n4 Pecuniary gain—interpretation 3\n9 Registers 5\n11 Copies of documents 5\n12 Disposal of documents 6\n13 Defective documents 6\n13A Contact details may be kept confidential 7\n\nPage\ncontents 2 Associations Incorporation Act 1991\n14 Eligibility for incorporation 9\n15 Ineligible associations—incorporation 9\n16 Matters preliminary to incorporation 10\n17 Powers of authorised person 10\n18 Applications for incorporation 11\n19 Certificate of incorporation 13\n20 Date of incorporation 13\n21 Constitution of incorporated associations 13\n22 Corporate identity 14\n23 Property 14\n24 Legal capacity of incorporated associations 15\n25 Restriction of actions 15\nDivision 3.3 Incorporation of amalgamating associations\n26 Amalgamation of incorporated associations 17\n27 Incorporation of amalgamating associations 19\n28 Effect of incorporation—amalgamated associations 19\n29 Objects 20\n30 Alteration of objects 20\n31 Rules 21\n32 Rules other than model rules 21\n33 Alteration of rules 21\n34 Illegal objects or rules 22\n35 Copies of documents for members 23\n35A Committee may refuse access to documents 23\n36 Names 23\n37 Reservation of names 24\n38 Change of name 26\n39 Compulsory change of name 26\n40 Effect of change of name 26\n\nPage\ncontents 3\n41 Name on association’s documents etc 27\n42 References to purported entry into contracts etc—div 3.6 28\n43 Ratification of pre-incorporation contracts 29\n44 Liability of party to contract 29\n45 Substituted contract 33\n46 Substituted rights and liabilities 33\n47 Post-incorporation contracts 33\nDivision 3.7 Rights and liabilities of members and officers\n48 Relationship between association and members 34\n49 Court’s jurisdiction 34\n50 Rules of natural justice 34\n51 Liability of officers and members 34\n52 Property rights 35\n53 Enforcement of rights 35\n54 Disposal of trust property 35\n55 Authentication and execution of documents 36\n56 Validity of documents executed under common seal 37\n57 Public officer 38\n58 Inaugural public officer 38\n59 Notice of public officer’s appointment or change of address 39\n60 Committee 39\n61 Inaugural committee 40\n62 Notice of changes in committee 40\n63 Disqualification from office––convictions or bankruptcy 41\n63A Disqualification from office––noncompliance with Act 42\n63B Disqualification from office––disqualified under other legislation 43\n64 Vacancy in office of public officer 44\n64A Resignation of committee member 46\n65 Disclosure of material personal interest 46\n\nPage\ncontents 4 Associations Incorporation Act 1991\n65A Matter on which committee member has material personal interest 47\n65B Dispute resolution procedure 48\n65C Disciplinary action 49\n66 Information from officers 51\nDivision 4.2 Duties of officers\n66A Duty of care and diligence 51\n66B Duty of good faith and proper purpose 51\n66C Use of position 52\n66D Use of information 52\n67 Register of members 52\n67A Inspection of register of members 53\n67B Restriction of access to personal information 54\n68 First annual general meeting 55\n69 Annual general meetings 55\n70 Special resolutions 55\n70A Application—pt 5 57\n70B Definitions—pt 5 57\n70C Exemption from revenue thresholds 58\n71 Accounting records 58\n72 Annual statement of accounts 59\n73 Presentation of statement to members 60\n74 Review or audit of accounts 61\n75 Review reports 61\n76 Audit reports 63\n77 Reviewer’s and auditor’s liability 66\n78 Obstruction of auditor 66\n79 Registrar-general’s power to require statements and reports 66\n81 Definitions for pt 6 68\n\nPage\ncontents 5\n82 Voluntary transfer of incorporation 68\n83 Cancellation where continued incorporation inappropriate 69\n84 Membership of proposed company 71\n85 Cancellation of incorporation following voluntary transfer 71\n86 Effect of cancellation of incorporation 72\n87 Transfer of land to company 72\n88 Voluntary winding-up 73\n89 Application for winding-up by the court 73\n90 Winding-up by the court 73\n91 Application of Corporations Act 74\n92 Property of defunct association 74\n93 Cancellation of incorporation 76\n94 Property of former incorporated association 79\n95 Property vested in registrar-general 80\n96 Liability in relation to property vested in registrar-general 81\n97 Registrar-general’s power to act for defunct association 82\n98 Records of property vested in registrar-general 83\n99 Meaning of books in pt 8 84\n100 Secrecy 84\n101 Investigations by registrar-general 86\n102 Scope of registrar-general’s powers 86\n103 Production of association’s books 86\n104 Inspection of books held by lawyer 88\n105 Liability of person producing books 89\n106 Proceedings for offences 90\n107 Offences related to inspection of books 90\n108 Offences by officers of associations etc 91\n109 Offence—pecuniary gain 92\n110 Liability of members 92\n\nPage\ncontents 6 Associations Incorporation Act 1991\n112 Offences by unincorporated bodies 93\n114 Investment with associations 93\n115 Certificates as evidence 94\n116 Copies or extracts of books as evidence 96\n117 Constructive notice of documents etc 96\nPart 10 Notification and review of decisions\n118 Meaning of reviewable decision—pt 10 98\n119 Reviewable decision notices 98\n119A Applications for review 98\n119B Information sharing on ACNC registered entities 99\n120 Extensions of time for applications etc 99\n121 Registered office of incorporated association 100\n122 Service of documents 100\n123 Translation of instruments 101\n124 Powers of the court 102\n125 Determination of fees 102\n126 Approved forms 102\n127 Regulation-making power 102\nSchedule 1 Matters to be provided for in rules other than\nmodel rules 104\nSchedule 2 Modification of the Corporations Act, part 5.7\nin its application to incorporated associations 107\nSchedule 3 Reviewable decisions 110\nDictionary 111\n\nPage\ncontents 7\n1 About the endnotes 116\n2 Abbreviation key 116\n3 Legislation history 117\n4 Amendment history 124\n5 Earlier republications 136\n6 Expired transitional or validating provisions 141\n\nAn Act to provide for the incorporation of certain associations, and for related\npurposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Associations Incorporation Act 1991.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘constitution, for part 6 (Transfer of\nincorporation)—see section 81.’ means that the term ‘constitution’ is\ndefined in that section for part 6.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"3A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to the following offences against this\nAct (see Code, pt 2.1):\n• s 63B (Disqualification from office—disqualified under other\nlegislation)\n• s 65 (Disclosure of material personal interest)\n• s 65A (Matter on which committee member has material personal\ninterest)\n• s 74 (Review or audit of accounts)\n• s 79 (Registrar-general’s power to require statements and reports).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Pecuniary gain—interpretation","content":"4 Pecuniary gain—interpretation\nFor this Act, an association is not taken to be formed or carried on\nwith the object of obtaining pecuniary gain for its members, or to be\nobtaining pecuniary gain for its members, only because—\n(a) the association obtains a pecuniary gain, none of which is\nreceived by any of its members, or otherwise credited to its\nmembers; or\n(b) the association—\n(i) is established with the object of protecting a trade,\nbusiness, industry or calling in which its members are\nengaged or interested; and\n\n(ii) does not engage in, or in a branch or part of, the trade,\nbusiness, industry or calling; or\n(c) the association provides facilities or services for its members; or\n(d) its members derive a pecuniary gain from the enjoyment of\nfacilities or services provided by the association for social,\nrecreational, educational or other like purposes; or\n(e) any of its members receives remuneration from the association\nfor goods or services supplied by the member, or otherwise\nobtains a pecuniary gain from the association to which the\nmember would be entitled if he or she were not a member of the\n(f) its members compete for trophies or prizes in contests directly\nrelated to the objects of the association.\n\nAdministration Part 2\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Registers","content":"9 Registers\n(1) The registrar-general must keep a register of any matter the registrar-\ngeneral considers necessary for this Act.\n(2) The register may include any information the registrar-general\nconsiders appropriate.\n(3) The register may be kept in any form, including electronically, that\nthe registrar-general decides.\n","sortOrder":6},{"sectionNumber":"11","sectionType":"section","heading":"Copies of documents","content":"11 Copies of documents\n(1) If a person requests, the registrar must give the person—\n(a) a copy of, or an extract from, or a certified copy or certified\nextract from, any document lodged with the registrar-general\nunder this Act or the repealed Act; and\n(b) if the person is a member of the committee or the public officer\nof an association—a certified copy of the certificate of\nincorporation of the association.\nNote A person cannot request or obtain a copy of another person’s contact\ndetails that are contained in a lodged document if the other person has\nasked for their contact details to be kept confidential under s 13A.\n(2) In this section—\n(a) a reference to a copy of, or an extract from, a document includes\na reference to a print-out of the matters or some of the matters\ncontained in the document and recorded in a computerised\ndatabase comprising the matters contained in documents issued\nby or lodged with the registrar-general; and\n(b) a reference to a document includes a reference to—\n(i) an application lodged with the registrar-general under this\nAct; and\n\n(ii) if a reproduction or transparency of a document lodged\nwith the registrar-general has been incorporated in a\nregister—the reproduction or transparency; and\n(iii) a display on the screen of a computer terminal of a matter\nor matters recorded in the computerised database referred\nto in paragraph (a);\nbut does not include a reference to any document disposed of by\nthe registrar-general under section 12.\n","sortOrder":7},{"sectionNumber":"12","sectionType":"section","heading":"Disposal of documents","content":"12 Disposal of documents\nThe registrar-general may dispose of—\n(a) any document lodged with the registrar-general in relation to an\nincorporated association that, at least 7 years previously, was\ndissolved or ceased to be registered or the incorporation of\nwhich was cancelled; or\n(b) any document of which a reproduction or transparency has been\nincorporated in a register under section 9;\nif, in the opinion of the registrar-general, it is no longer necessary or\ndesirable to keep the document.\n","sortOrder":8},{"sectionNumber":"13","sectionType":"section","heading":"Defective documents","content":"13 Defective documents\n(1) If the registrar-general is of the opinion that a document submitted\nfor lodgment with the registrar-general—\n(a) contains matter contrary to law; or\n(b) contains matter that is, in a material particular, false or\nmisleading in the form or context in which it appears; or\n(c) has not been duly completed because of an omission or\nmisdescription; or\n(d) does not comply with this Act; or\n\nAdministration Part 2\n(e) contains an error, alteration or erasure;\nthe registrar-general may refuse to receive or register the document\nand may require—\n(f) that the document be appropriately amended or completed and\nresubmitted; or\n(g) that another document be lodged in place of the defective\ndocument; or\n(h) if the document has not been duly completed—that a\nsupplementary document be lodged.\n(2) The registrar-general may require a person who submits a document\nfor lodgment with the registrar-general to give the registrar-general\nany other document or further information that the registrar-general\nthinks necessary in order to form an opinion whether the registrar-\ngeneral may refuse to receive or register the document.\n","sortOrder":9},{"sectionNumber":"13A","sectionType":"section","heading":"Contact details may be kept confidential","content":"13A Contact details may be kept confidential\n(1) This section applies to a document that is or has been lodged with the\nregistrar-general under this Act.\n(2) A person whose contact details are contained in the document may\nask the registrar-general, in writing, to keep the person’s contact\ndetails confidential.\n(3) If a person makes a request under subsection (2), the registrar-general\nmust ensure that any document the subject of the request is made\navailable for a request under section 11 only in a way that does not\nshow the person’s contact details.\n(4) However, a person who is the public officer of an incorporated\nassociation must have at least 1 address available for service of\ndocuments.\nNote A public officer’s address may be a residential, business or PO box\naddress.\n\n(5) In this section:\ncontact details, for a person, include the person’s address, email and\ntelephone number.\n\nPreliminary Division 3.1\n","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Eligibility for incorporation","content":"14 Eligibility for incorporation\n(1) An association is eligible for incorporation if it—\n(a) has at least 5 members; and\n(b) is formed or carried on for a lawful object; and\n(c) is not ineligible for incorporation under subsection (2).\n(2) An association is ineligible for incorporation under this subsection if\nit—\n(a) is formed or carried on with the object of obtaining pecuniary\ngain for its members; or\n(b) is obtaining pecuniary gain for its members; or\n(c) has capital divided into shares or stock held by its members; or\n(d) holds property in which its members have an alienable interest,\nwhether directly or in the form of shares or stock in its capital or\notherwise; or\n(e) is capable of applying for registration as an organisation under\nthe Fair Work (Registered Organisations) Act 2009 (Cwlth),\nchapter 2, part 2.\n","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Ineligible associations—incorporation","content":"15 Ineligible associations—incorporation\n(1) The Minister may declare an association to be eligible for\nincorporation under this Act even though the association is formed or\ncarried on with the object of obtaining pecuniary gain, or obtaining\npecuniary gain, for the members of the association.\nNote Power given under an Act to make a statutory instrument includes power\nto make different provision for different categories, eg different classes\nof people (see Legislation Act, s 48).\n\n(2) The Minister may make the incorporation of an association under a\ndeclaration subject to any conditions determined by the Minister.\n(3) A declaration is a notifiable instrument.\n","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Matters preliminary to incorporation","content":"16 Matters preliminary to incorporation\nAn association or a group of 5 or more persons proposing to form and\nincorporate an association may, by resolution—\n(a) authorise a person who is at least 18 years of age and who resides\nin the ACT to apply for the incorporation of the association or\nproposed association; and\n(b) approve a statement of the objects of the association or proposed\nassociation for the purposes of the application; and\n(c) adopt rules of the association or proposed association, being—\n(i) the model rules, as in force from time to time; or\n(ii) rules other than the model rules, being rules that comply\nwith section 32; and\n(d) appoint at least 3 members of the association or of the group\nproposing to form and incorporate an association to be the\ninaugural members of the committee of the incorporated\nassociation if the application is successful.\n","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Powers of authorised person","content":"17 Powers of authorised person\n(1) An authorised person may—\n(a) lodge an application with the registrar-general for the\nincorporation of an association or proposed association; and\n(b) do anything necessary to secure the incorporation of the\nassociation or proposed association.\n\n(2) Subsection (1) (b) applies in relation to an authorised person despite\nany provision to the contrary in the rules adopted by the association\nor proposed association under section 16 (c).\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Applications for incorporation","content":"18 Applications for incorporation\n(1) An application for the incorporation of an association or proposed\nassociation—\n(a) must state—\n(i) the proposed name of the association or proposed\nassociation (being a name that complies with division 3.5);\nand\n(ii) the name and address of the applicant; and\n(iii) the name and address of the person who will be the\ninaugural public officer of the association; and\n(iv) the name and address of each person who will be an\ninaugural member of the committee of the association or\nproposed association; and\n(v) the address and hours of opening of the registered office (if\nany) of the association or proposed association in\naccordance with section 121 (1); and\n(vi) the prescribed particulars (if any); and\nconfidential (see s 13A (2)). However, a public officer must have\nat least 1 address publicly available for service of documents (see\ns 13A (4)).\n\n(b) must be accompanied by—\n(i) a copy of a statement of the objects of the association or\nproposed association approved under section 16 (b); and\n(ii) a notice (if any) given under section 37 (3) stating the name\nreserved for incorporation of the association or proposed\n(iii) a statement to the effect that the model rules as in force\nfrom time to time have been adopted as the rules of the\nassociation or proposed association under\nsection 16 (c) (i), or a copy of the rules of the association\nor proposed association adopted under section 16 (c) (ii);\nand\n(iv) a notice specifying particulars of any trust relating to the\nassociation or proposed association, with a copy of the\ndeed or other instrument creating or embodying the trust;\nand\n(v) a statement by the applicant in accordance with\nsubsection (2); and\n(vi) the prescribed documents (if any).\n(2) A statement by the applicant for subsection (1) (b) (v) must certify\n(a) the applicant is authorised to apply for the incorporation of the\nassociation or proposed association under section 16 (a); and\n(b) the particulars stated in the application are correct; and\n(c) the copy of each document accompanying the application is a\ntrue copy of the document.\n\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Certificate of incorporation","content":"19 Certificate of incorporation\nIf—\n(a) an application for the incorporation of an association or\nproposed association is made under section 18; and\n(b) the registrar-general is satisfied that the association is, or would\nbe, when formed, eligible for incorporation under this Act;\nthe registrar-general must incorporate the association or proposed\nassociation by issuing to it a certificate of incorporation.\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Date of incorporation","content":"20 Date of incorporation\nAn association is taken to have been incorporated on the date stated\nin the certificate of incorporation as the date of incorporation.\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Constitution of incorporated associations","content":"21 Constitution of incorporated associations\n(1) An incorporated association is, subject to this Act and the rules of the\nassociation, taken to be constituted, under the name stated in the\ncertificate of incorporation issued for the association, by the persons\nwho are its members from time to time.\n(2) For subsection (1), persons who were, immediately before the date on\nwhich an association was incorporated—\n(a) for an association for which the certificate was issued under\nsection 19—members of the association, or members of the\ngroup proposing to form the association; or\n(b) for an association incorporated under section 27—the members\nof the associations that amalgamated under that section;\nare taken to have been members of the association at the time the\nassociation was incorporated.\n\n","sortOrder":18},{"sectionNumber":"22","sectionType":"section","heading":"Corporate identity","content":"22 Corporate identity\nAn incorporated association—\n(a) is a body corporate with perpetual succession; and\n(b) may have a common seal; and\n(c) has power to acquire, hold and dispose of real and personal\nproperty; and\n(d) is capable of suing and being sued in its corporate name; and\n(e) is capable of performing all the functions of a body corporate.\n","sortOrder":19},{"sectionNumber":"23","sectionType":"section","heading":"Property","content":"23 Property\n(1) Any property that was, immediately before the date on which an\nassociation was incorporated, held, in trust or otherwise, on behalf of\nthe association or proposed association by any person (including, for\nan association incorporated under section 27, property held by or on\nbehalf of an amalgamating association within the meaning of\ndivision 3.3) is taken to have vested in the association on\nincorporation.\n(2) Property referred to in subsection (1) vests in an association subject\nto any mortgage, charge, encumbrance, lien, lease, covenant, contract\nor other liability affecting the property immediately before the date\non which the association was incorporated, and subject to the\nprovisions of any trust affecting the property immediately before that\ndate.\n(3) After property that is taken to have vested in an association in\naccordance with subsection (1) has been delivered or transferred to\nthe association, the trustee of that property immediately before it\nbecame so vested is not liable or accountable for the property and is\nnot bound to see to the application, distribution or appropriation of\nthat property.\n\n","sortOrder":20},{"sectionNumber":"24","sectionType":"section","heading":"Legal capacity of incorporated associations","content":"24 Legal capacity of incorporated associations\nAn incorporated association has, both within and outside the ACT,\nthe legal capacity of a natural person and, without limiting the\ngenerality of the foregoing, has, both within and outside the ACT,\npower—\n(a) to grant a floating charge on property of the association; and\n(b) to arrange for the association to be registered or otherwise\nrecognised as a corporate body in a place outside the ACT; and\n(c) to do any act that it is authorised to do by any other law.\n","sortOrder":21},{"sectionNumber":"25","sectionType":"section","heading":"Restriction of actions","content":"25 Restriction of actions\n(1) The objects or rules of an incorporated association may contain an\nexpress restriction on, or an express prohibition of, the exercise by\nthe association of any power given by this Act to the association.\n(2) If an incorporated association—\n(a) purports to exercise a power contrary to an express restriction\non, or an express prohibition of, the exercise of that power, being\na restriction or prohibition contained in the objects or rules of\n(b) does an act otherwise than in accordance with the objects of the\nthe association contravenes this subsection.\n(3) An officer of an incorporated association must not, by act or\nomission, directly or indirectly, be knowingly concerned in or party\nto a contravention by the association of subsection (2).\n\n(4) If, by purporting to exercise a power as mentioned in\nsubsection (2) (a), or by doing an act as mentioned in\nsubsection (2) (b), an incorporated association contravenes\nsubsection (2), the purported exercise of the power, or the act, is not\ntaken to be invalid only because of the contravention.\n(5) An act by an officer of an incorporated association is not taken to be\ninvalid only because the act is prohibited by subsection (2).\n(6) The fact that—\n(a) by purporting to exercise a power as mentioned in subsection (2)\n(a), or by doing an act as mentioned in subsection (2) (b), an\nincorporated association contravened, or would contravene,\nsubsection (2); or\n(b) by doing a particular act, an officer of an incorporated\nassociation contravened, or would contravene, subsection (3);\nis not admissible in evidence in any proceedings except—\n(c) a prosecution of a person for an offence against this Act; or\n(d) proceedings against the association by a member of the\nassociation to restrain the association from doing any act; or\n(e) proceedings by the association or by a member of the association\nagainst an officer or former officer of the association; or\n(f) an application by the registrar-general or by a member of the\nassociation to wind up the association.\n\nIncorporation of amalgamating associations Division 3.3\n","sortOrder":22},{"sectionNumber":"Div 3","sectionType":"division","heading":"3 Incorporation of amalgamating","content":"Division 3.3 Incorporation of amalgamating\n","sortOrder":23},{"sectionNumber":"26","sectionType":"section","heading":"Amalgamation of incorporated associations","content":"26 Amalgamation of incorporated associations\n(1) Two or more incorporated associations proposing to amalgamate (in\nthis division called the amalgamating associations) may lodge with\nthe registrar-general a joint application for incorporation as a single\nassociation (in this division called the new association) if—\n(a) the terms of the proposed amalgamation and a statement of the\nobjects of the new association have each been approved by a\nspecial resolution passed by each amalgamating association; and\n(b) the model rules as in force from time to time, or other rules that\ncomply with section 32, have been adopted as the rules of the\nnew association by a special resolution passed by each\namalgamating association.\n(2) An application—\n(a) must state—\n(i) the proposed name of the new association (being a name\nthat complies with division 3.5); and\n(ii) the name and address of the person nominated by the\namalgamating associations to be the inaugural public\nofficer of the new association; and\n(iii) the names and addresses of at least 3 persons nominated by\nthe amalgamating associations to be the inaugural\nmembers of the committee of the new association; and\n(iv) the address and hours of opening of the registered office (if\nany) of the new association in accordance with\nsection 121 (1); and\n\nDivision 3.3 Incorporation of amalgamating associations\n(v) the prescribed particulars (if any); and\nconfidential (see s 13A (2)). However, a public officer must have\nat least 1 address publicly available for service of documents (see\ns 13A (4)).\n(b) must be accompanied by—\n(i) a copy of the statement of the objects of the new\nassociation approved in accordance with section 26 (1) (a);\nand\n(ii) a statement to the effect that the model rules as in force\nfrom time to time have been adopted in accordance with\nsection 26 (1) (b) as the rules of the new association, or a\ncopy of other rules adopted in accordance with that section\nas the rules of the new association; and\n(iii) a notice stating particulars of any trust relating to the\namalgamating associations or the new association, with a\ncopy of the deed or other instrument creating the trust; and\n(iv) a statement to the effect that the resolutions referred to in\nsubsection (1) (a) and (b) have been duly passed by the\namalgamating associations; and\n(v) a statement by the applicants in accordance with\nsubsection (3); and\n(vi) the prescribed documents (if any).\n(3) A statement for subsection (2) (b) (v) must be made jointly by the\namalgamating associations to the effect that—\n(a) the particulars stated in the application are correct; and\n(b) the copy of each document accompanying the application is a\ntrue copy of the document.\n\nIncorporation of amalgamating associations Division 3.3\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Incorporation of amalgamating associations","content":"27 Incorporation of amalgamating associations\nIf the registrar-general is satisfied—\n(a) that each amalgamating association making an application under\nsection 26 (1) has complied with this Act; and\n(b) that the new association is, or would be when formed, eligible\nfor incorporation under this Act;\nthe registrar-general must incorporate the new association by issuing\nto it a certificate of incorporation.\n","sortOrder":25},{"sectionNumber":"28","sectionType":"section","heading":"Effect of incorporation—amalgamated associations","content":"28 Effect of incorporation—amalgamated associations\n(1) On the incorporation of a new association under section 27—\n(a) each of the amalgamating associations that was a party to the\nincorporation is taken to have been dissolved and to have had its\nincorporation cancelled; and\n(b) the bodies corporate previously constituted by the amalgamating\nassociations are taken to be subsumed in the body corporate\nconstituted by the new association; and\n(c) any property or proprietary or other right that was, immediately\nbefore the date when the new association was incorporated,\nvested in an amalgamating association are, subject to any trust\naffecting the property or right, taken to be vested in, and may be\nexercised or enforced by, the new association; and\n(d) any liability, obligation or penalty that could have been enforced\nagainst or recovered from an amalgamating association\nimmediately before that date is enforceable against or\nrecoverable from the new association; and\n(e) any investigation, legal proceeding or remedy that could,\nimmediately before that date, have been instituted, continued or\nenforced against an amalgamating association may be instituted,\ncontinued or enforced against the new association; and\n\n(f) this Act applies in relation to the new association as if it had\nbeen incorporated under section 19.\n(2) If, under subsection (1) (c), land or an interest in land (being land in\nthe ACT) held by an existing association is taken to be property of a\nnew association, the registrar-general must, on production of the\ncertificate of incorporation of the new association, enter the new\nassociation as the registered proprietor of the land or interest in land\non the land titles register.\n(3) A reference in a will or other instrument to an association that was a\nparty to the incorporation of a new association under section 27 must,\nunless the will or other instrument otherwise provides, be construed\nas a reference to the new association.\nDivision 3.4 Objects and rules of incorporated\n","sortOrder":26},{"sectionNumber":"29","sectionType":"section","heading":"Objects","content":"29 Objects\nThe objects of an incorporated association are the objects appearing\nin the statement of the association’s objects lodged with the registrar-\ngeneral under section 18 (1) (b) (i) or 26 (2) (b) (i), being those objects\nas altered from time to time in accordance with section 30.\n","sortOrder":27},{"sectionNumber":"30","sectionType":"section","heading":"Alteration of objects","content":"30 Alteration of objects\n(1) An incorporated association may, by special resolution, alter its\nobjects.\n(2) An incorporated association must, not later than 1 month after a\nspecial resolution to alter the objects of the association has been\npassed by the association, lodge with the registrar-general a notice\nsetting out the particulars of the alteration.\n(3) A resolution to alter the objects of an incorporated association is of\nno effect until the notice has been lodged.\n\nObjects and rules of incorporated associations Division 3.4\n","sortOrder":28},{"sectionNumber":"31","sectionType":"section","heading":"Rules","content":"31 Rules\n(1) The rules of an incorporated association are—\n(a) if the association, or a group of persons proposing to form the\nassociation, has adopted the model rules under section 16 (c) (i),\n26 (1) (b) or 33 (1) (a)—those rules as in force from time to time;\nor\n(b) if the association, or group, has adopted rules other than the\nmodel rules under section 16 (c) (ii), 26 (1) (b) or 33 (1) (b)—\nthose rules as altered from time to time in accordance with\nsection 33.\n(2) If the model rules make provision in relation to any matter not\nprovided for in the rules of an incorporated association, the rules of\nthe association are taken to include the provision of the model rules\nin relation to that matter.\n","sortOrder":29},{"sectionNumber":"32","sectionType":"section","heading":"Rules other than model rules","content":"32 Rules other than model rules\nFor sections 16 (c) (ii), 26 (1) (b) and 33 (1) (b), rules other than the\nmodel rules are taken to comply with this section if they—\n(a) provide for the matters stated in schedule 1, column 2 as\nrequired by schedule 1, column 3; and\n(b) provide for any prescribed matters; and\n(c) are arranged numerically by subject matter.\n","sortOrder":30},{"sectionNumber":"33","sectionType":"section","heading":"Alteration of rules","content":"33 Alteration of rules\n(1) Subject to this Act, an incorporated association may, by special\nresolution, alter its rules in whole or in part and may, in particular—\n(a) adopt as its rules the model rules as in force from time to time\ninstead of rules other than the model rules adopted under section\n16 (c) (ii) or 26 (1) (b) or paragraph (b); or\n\n(b) adopt as its rules other rules that comply with section 32 instead\nof the model rules adopted under section 16 (c) (i) or 26 (1) (b)\nor paragraph (a).\n(2) If an incorporated association has resolved to alter its rules, the\nassociation must, not later than 1 month after the resolution was\npassed, lodge with the registrar-general a notice setting out the\nparticulars of the alteration, and including a declaration by at least 2\nmembers of the committee of the association to the effect that a\nspecial resolution referred to in subsection (1) was duly passed by the\n(3) If a notice relating to the alteration of the rules of an association has\nbeen lodged under subsection (2), the registrar-general may give\nnotice to the association that it is required to lodge a copy of its rules\nwith the registrar-general.\n(4) If an incorporated association has been given notice by the registrar-\ngeneral under subsection (3), the association must, not later than 1\nmonth after the date of the notice, lodge with the registrar-general a\nprinted copy, in consolidated form, of the association’s rules as\naltered and in force at that date.\n(5) A resolution to alter the rules of an incorporated association is of no\neffect until a notice has been lodged by the association under\nsubsection (2).\n","sortOrder":31},{"sectionNumber":"34","sectionType":"section","heading":"Illegal objects or rules","content":"34 Illegal objects or rules\nAn object or rule of an incorporated association that is inconsistent\nwith this Act or with another law in force in the ACT is of no effect.\n\n","sortOrder":32},{"sectionNumber":"35","sectionType":"section","heading":"Copies of documents for members","content":"35 Copies of documents for members\n(1) On the request of a member of an incorporated association, the\nassociation must give the member—\n(a) a copy of a current statement of the objects of the association; or\n(b) a copy of the rules of the association currently in force; or\n(c) a copy of the deeds of any trust relevant to the association; or\n(d) a summary of the minutes of a meeting of the committee.\n(2) An incorporated association may charge a fee not exceeding the fee\ndetermined under section 125 (Determination of fees) for this section\nfor each copy of a document given to a member under subsection (1).\n","sortOrder":33},{"sectionNumber":"35A","sectionType":"section","heading":"Committee may refuse access to documents","content":"35A Committee may refuse access to documents\n(1) The committee of an incorporated association may refuse to give a\nmember of the association access to the following documents if\nsatisfied that allowing access to the document would be prejudicial to\nthe interests of the association:\n(a) a document mentioned in section 35 (1);\n(b) if the association’s rules allow a member access to other\ndocuments held by the association—those documents.\n(2) The rules of an incorporated association may provide for the\ncircumstances in which access to the documents is allowed or\nrestricted, including requiring the member to state the purpose for\nrequiring access to the document.\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Names","content":"36 Names\nThe name of an incorporated association must include, at the end of\nthe name, the word ‘Incorporated’ or the abbreviation ‘Inc.’.\n\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Reservation of names","content":"37 Reservation of names\n(1) An authorised applicant may lodge with the registrar-general an\napplication for the reservation of the name specified in the application\nas—\n(a) the name of a proposed association in relation to which an\napplication for incorporation is to be lodged; or\n(b) the name of an association that intends to apply for\nincorporation; or\n(c) the name of a new association within the meaning of\ndivision 3.3; or\n(d) the new name that an incorporated association has resolved to\napply for approval to adopt under section 38 (1).\n(2) If—\n(a) the registrar-general is satisfied that an application is made in\ngood faith; and\n(b) the name specified in the application is available for reservation;\nthe registrar-general must reserve the name, for the period of\n4 months beginning on the date when the application was lodged, for\nthe association or proposed association to which the application\nrelates.\n(3) As soon as practicable after making a decision in relation to an\napplication for the reservation of a name, the registrar-general must,\nby notice in writing to the applicant, tell the applicant of that decision.\n\n(4) The reservation of a name for an association, proposed association or\nincorporated association does not of itself entitle the association or\nproposed association to be incorporated under the reserved name, or\nentitle the incorporated association to change its name to the reserved\nname.\n(5) For subsection (2) (b), a name is taken to be available for reservation\nfor an association or proposed association unless it is—\n(a) a name that is, in the opinion of the registrar-general,\nundesirable; or\n(b) a name or a name of a kind stated by the Minister in writing for\nthis paragraph; or\n(c) a business name registered under the Business Names\nRegistration Act 2011 (Cwlth); or\n(d) the name of an incorporated association; or\n(e) reserved for another association or proposed association; or\n(f) a name that so closely resembles a name referred to in paragraph\n(d) or (e) as to be likely to be mistaken for it.\n(6) An instrument under subsection (5) (b) is a notifiable instrument.\n(7) If the registrar-general refuses to reserve a name or a name of a kind\nreferred to in subsection (5) (a), (b) or (f) for an association or\nproposed association, the authorised applicant may apply to the\nMinister for consent to the reservation of the name for the association\nor proposed association and, if the Minister gives that consent, the\nname is, for subsection (2) (b), taken to be available for reservation.\n(8) In this section:\nauthorised applicant, in relation to an association or proposed\nassociation, means—\n(a) an authorised person; or\n\n(b) for a new association within the meaning of division 3.3—a\nperson authorised for subsection (1) by the amalgamating\nassociations; or\n(c) for an incorporated association that has resolved to apply to the\nregistrar-general for approval to adopt a new name—the public\nofficer of the association.\n","sortOrder":36},{"sectionNumber":"38","sectionType":"section","heading":"Change of name","content":"38 Change of name\n(1) An incorporated association may, by special resolution, resolve to\napply to the registrar-general for approval to adopt a new name.\n(2) An application must include a declaration by at least 2 members of\nthe committee of the association to the effect that a special resolution\nreferred to in subsection (1) was duly passed by the association.\n(3) If the new name has been reserved for the association in accordance\nwith section 37 and the registrar-general approves the adoption of the\nnew name by the association, the registrar-general must issue to the\nassociation a certificate of incorporation under the new name.\n","sortOrder":37},{"sectionNumber":"39","sectionType":"section","heading":"Compulsory change of name","content":"39 Compulsory change of name\n(1) If it appears to the registrar-general that an association has been\nincorporated under a name or a name of a kind referred to in\nsection 37 (5) without the consent of the Minister, the\nregistrar-general may, by notice in writing to the association, direct\nthe association to change its name.\n(2) A direction to an association under subsection (1) has effect as if it\nwere a special resolution of the association passed under\nsection 38 (1).\n","sortOrder":38},{"sectionNumber":"40","sectionType":"section","heading":"Effect of change of name","content":"40 Effect of change of name\n(1) A change of name of an incorporated association under section 38 is\nnot taken to—\n(a) create a new legal entity; or\n\n(b) prejudice or affect the identity of the body corporate constituted\nby the association or its continuity as a body corporate; or\n(c) affect the date of incorporation of the association; or\n(d) affect the property, or the rights and obligations of the\n(e) render defective any legal proceedings by or against the\n(2) If the name of an incorporated association has been changed, any\nlegal proceedings that could have been continued or instituted by or\nagainst the association in its former name may be continued or\ninstituted by or against the association in its new name.\n","sortOrder":39},{"sectionNumber":"41","sectionType":"section","heading":"Name on association’s documents etc","content":"41 Name on association’s documents etc\nThe name of an incorporated association must appear in legible\ncharacters—\n(a) on the common seal (if any) of the association; and\n(b) on every business letter, statement of account, invoice, official\nnotice, publication, bill of exchange, promissory note,\nendorsement, cheque or other negotiable instrument, order,\nreceipt and letter of credit issued or executed by or on behalf of\n\n","sortOrder":40},{"sectionNumber":"42","sectionType":"section","heading":"References to purported entry into contracts etc—div 3.6","content":"42 References to purported entry into contracts etc—div 3.6\n(1) For this division, a nonexistent incorporated association purports to\nenter into a contract if—\n(a) a person executes a contract in the name of an incorporated\nassociation where no incorporated association of that name\nexists; or\n(b) a person purports to enter into a contract as agent or trustee for\na proposed incorporated association.\n(2) For this division, a person purports to execute a contract as agent or\ntrustee of a nonexistent incorporated association if the person\nexecutes a contract or purports to enter into a contract mentioned in\nsubsection (1) (a) or (b).\n(3) For this division, the incorporation of an association in relation to the\npurported entry into a contract by a nonexistent incorporated\nassociation means—\n(a) if a person has executed a contract in the name of an\nincorporated association where no incorporated association of\nthat name exists—the incorporation of an association that,\nhaving regard to all the circumstances, is reasonably identifiable\nwith the proposed incorporated association in the name of which\nthe contract was executed; or\n(b) if a person has purported to enter into a contract as an agent or\ntrustee for a proposed incorporated association—the\nincorporation of an association that, having regard to all the\ncircumstances, is reasonably identifiable with the proposed\nincorporated association.\n\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Ratification of pre-incorporation contracts","content":"43 Ratification of pre-incorporation contracts\n(b) the association is incorporated within a reasonable time after the\ncontract is purported to have been entered into;\nthe incorporated association may, within a reasonable time after its\nincorporation, ratify the contract.\n(2) If an incorporated association ratifies a contract as provided for in\nsubsection (1), the association is bound by, and is entitled to the\nbenefit of, the contract as if the association had been incorporated\nbefore the contract was entered into and had been party to the\ncontract.\n(3) For this division, a contract may be ratified by an incorporated\nassociation in the same manner as a contract may be entered into by\nan incorporated association under section 47, and section 47 has\neffect as if—\n(a) a reference in that section to entering into a contract included a\nreference to ratifying a contract; and\n(b) the reference in section 56 to a contract executed, or purporting\nto have been executed, under the common seal (if any) of an\nincorporated association included a reference to a contract\nratified, or purporting to have been ratified, under the common\nseal (if any) of an incorporated association.\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"Liability of party to contract","content":"44 Liability of party to contract\n(a) a person purports to enter into a contract as agent or trustee for\na proposed incorporated association; and\n\n(b) the association is incorporated within a reasonable time after the\nperson purported to enter into the contract but does not ratify the\ncontract within a reasonable time after the association was\nincorporated;\nthen, despite any rule of law or equity to the contrary, the person has\nno right of indemnity against the incorporated association in relation\nto the contract.\n(2) If a nonexistent incorporated association purports to enter into a\ncontract and the association—\n(a) is not incorporated within a reasonable time after the contract is\npurported to be entered into; or\n(b) is incorporated within that time but does not ratify the contract\nwithin a reasonable time after being incorporated;\nthe other party or each of the other parties to the contract may, subject\nto subsections (5) and (6), recover from the person or from any 1 or\nmore of the persons who purported to execute the contract on behalf\nof the nonexistent incorporated association an amount of damages\nequivalent to the amount of damages for which the party could have\nobtained a judgment against the incorporated association if—\n(c) where the association has not been incorporated as referred to in\nparagraph (a)—the association had been incorporated and had\nratified the contract under section 43 (1); or\n(d) where the association has been incorporated as referred to in\nparagraph (b)—the association had ratified the contract under\nsection 43 (1);\nand the contract had been discharged because of a breach of the\ncontract constituted by the refusal or failure of the incorporated\nassociation to perform any obligation under the contract.\n\n(3) If—\n(a) proceedings are brought to recover damages under\nsubsection (2) in relation to a contract purported to have been\nentered into by a nonexistent incorporated association; and\n(b) the association has been incorporated;\nthe court may, if it thinks it just to do so, make either or both of the\nfollowing orders:\n(c) an order directing the incorporated association to transfer or pay\nto any party to the contract who is named in the order any\nproperty, or an amount not exceeding the value of any benefit,\nreceived by the incorporated association as a result of the\ncontract;\n(d) an order that the incorporated association pay the whole or a\nspecified portion of any damages that, in those proceedings, the\ndefendant has been or is found liable to pay.\n(4) If, in proceedings to recover damages under subsection (2) in relation\nto a contract purported to be entered into by a nonexistent\nincorporated association, the court makes an order under\nsubsection (3) (c), the court may refuse to award any damages in the\nproceedings, or may award an amount of damages less than the\namount the court would have awarded if the order had not been made.\n(5) If—\n(b) the association is incorporated and ratifies the contract as\nprovided for in section 43 (1); and\n(c) the contract is discharged by a breach of the contract constituted\nby a refusal or failure of the incorporated association to perform\nall or any of its obligations under the contract; and\n\n(d) the other party or any 1 or more of the other parties to the\ncontract brings or bring proceedings against the incorporated\nassociation for damages for breach of the contract;\nthe court may, subject to subsection (7), if it thinks it just to do so,\norder the person or any 1 or more of the persons who purported to\nexecute the contract on behalf of the incorporated association to pay\nto the person or persons by whom the proceedings are brought the\nwhole or a specified portion of any damages that the incorporated\nassociation has been, or is, found liable to pay to the person or persons\nby whom the proceedings are brought.\n(6) If a person purports, whether alone or together with another person or\npersons, to execute a contract on behalf of a nonexistent incorporated\nassociation, the other party to the contract, or any of the other parties\nto the contract, may, by writing signed by the party or parties, consent\nto the firstmentioned person or persons being exempted from any\nliability in relation to the contract.\n(7) If a person has, in accordance with subsection (6), consented to the\nexemption of another person from liability in relation to a contract\nthat the other person purported to execute on behalf of a nonexistent\n(a) despite subsection (2), the firstmentioned person is not entitled\nto recover damages from that other person in relation to that\n(b) the court shall not, in proceedings referred to in subsection (5),\norder that other person to pay to the firstmentioned person any\ndamages or proportion of the damages that the incorporated\nassociation has been, or may be, found liable to pay to that\nfirstmentioned person.\n\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Substituted contract","content":"45 Substituted contract\nIf—\n(b) the association is subsequently incorporated; and\n(c) the incorporated association and the other party or parties to the\ncontract enter into a contract in substitution for the\nfirstmentioned contract;\nany liabilities to which the person who purported to execute the\nfirstmentioned contract on behalf of the nonexistent incorporated\nassociation is subject, under this division, in relation to the\nfirstmentioned contract (including liabilities under an order made by\na court under this division) are taken to have been discharged.\n","sortOrder":44},{"sectionNumber":"46","sectionType":"section","heading":"Substituted rights and liabilities","content":"46 Substituted rights and liabilities\nAny rights or liabilities of a person under this division (including\nrights or liabilities under an order made by a court under this division)\nin relation to a contract are taken to be substituted for any rights that\nthe person would have, or any liabilities to which the person would\nbe subject, apart from this division.\n","sortOrder":45},{"sectionNumber":"47","sectionType":"section","heading":"Post-incorporation contracts","content":"47 Post-incorporation contracts\n(1) A person acting with the express or implied authority of an\nincorporated association may enter into, vary or discharge a contract\nin the name of or on behalf of the association as if the contract were\nentered into, varied or discharged by an individual.\n(2) The entering into, variation or discharge of a contract in accordance\nwith subsection (1) binds the association and the other party or parties\nto the contract.\n\nDivision 3.7 Rights and liabilities of members and officers\nDivision 3.7 Rights and liabilities of members and\nofficers\n48 Relationship between association and members\nThe rules of an incorporated association are taken to bind the\nassociation and its members from time to time as if the rules had been\nsigned by each member and contained covenants on the part of each\nmember to observe all the rules.\n","sortOrder":46},{"sectionNumber":"49","sectionType":"section","heading":"Court’s jurisdiction","content":"49 Court’s jurisdiction\nA member of an incorporated association who is deprived by a\ndecision of the association of a right conferred on the member, as a\nmember, by the rules of the association, may apply to the court for an\norder to vary or set aside the decision.\n","sortOrder":47},{"sectionNumber":"50","sectionType":"section","heading":"Rules of natural justice","content":"50 Rules of natural justice\nIf an incorporated association exercises any power that it has to\nadjudicate a dispute between its members, or between itself and a\nmember or members, in relation to the rights given to the members\nby the rules of the association, any decision made by the association\nis not taken to be valid unless, in any proceedings in relation to the\ndispute, the rules of natural justice have been complied with.\n","sortOrder":48},{"sectionNumber":"51","sectionType":"section","heading":"Liability of officers and members","content":"51 Liability of officers and members\nAn officer or a member of an incorporated association is not, except\nas otherwise provided by this Act or the rules of the association,\ntaken, only because of being a member or officer, to be liable to\ncontribute to the payment of any debts or other liabilities incurred by\nthe association, or to the costs, charges or expenses incurred in the\ncourse of winding up the association.\n\nMiscellaneous Division 3.8\n","sortOrder":49},{"sectionNumber":"52","sectionType":"section","heading":"Property rights","content":"52 Property rights\nMembership of an incorporated association is not, except as\notherwise provided by this Act, taken to give the members of the\nassociation any right, title or interest, whether legal or equitable, in\nthe property of the association.\n","sortOrder":50},{"sectionNumber":"53","sectionType":"section","heading":"Enforcement of rights","content":"53 Enforcement of rights\n(1) On the application of an incorporated association or a member of an\nincorporated association, the court may, by order—\n(a) give directions for the performance and observance of the rules\nof the incorporated association by any person who is under an\nobligation to perform or observe those rules; and\n(b) declare and enforce the rights or obligations of members of an\nincorporated association between themselves, or the rights or\nobligations between an incorporated association and a member\nof the incorporated association.\n(2) On hearing an application, the court may make an order whether or\nnot the application relates to a right or interest in property, and\nwhether or not the applicant has an interest in property of the\n","sortOrder":51},{"sectionNumber":"54","sectionType":"section","heading":"Disposal of trust property","content":"54 Disposal of trust property\n(1) If a trust in relation to property held by an incorporated association\nhas come wholly or partly to an end, the association may apply to the\ncourt for an order authorising the disposal of all or part of the\nproperty.\n(2) Application for an order must be made—\n(a) if the value of the property does not exceed $50 000—to the\nMagistrates Court; or\n\n(b) in any other case—to the Supreme Court.\n(3) On hearing an application, the court may, if it thinks it just to do so,\nmake an order—\n(a) authorising the disposal of all or part of the property; and\n(b) directing the way in which the proceeds from the disposal of the\nproperty or part are to be dealt with.\n(4) An application may be made, and the court may exercise its powers,\neven though the deed or other instrument creating or embodying the\ntrust does not, or the rules of the association do not, contain any power\nto dispose of the property or prohibit the disposal of the property.\n","sortOrder":52},{"sectionNumber":"55","sectionType":"section","heading":"Authentication and execution of documents","content":"55 Authentication and execution of documents\n(1) A document or proceeding requiring authentication by an\nincorporated association may be authenticated by the signature of the\npublic officer or the secretary (if any) of the association and need not\nbe authenticated under the common seal (if any) of the association.\n(2) An incorporated association may execute a document without using\na common seal if the document is signed by 2 committee members of\n(3) An incorporated association may, by the signature of 2 committee\nmembers of the association, empower a person, either generally or in\nrelation to a stated matter, as its agent or attorney, to execute deeds\non its behalf.\n(4) A deed signed by the agent or attorney on behalf of the association\nbinds the association.\n\nMiscellaneous Division 3.8\n(5) The authority of an agent or attorney empowered to act on behalf of\nan incorporated association under subsection (2), as between the\nassociation and a person dealing with the agent or attorney, continues\nduring the period (if any) stated in the instrument conferring the\nauthority or, if no period is stated, until notice of the revocation or\ntermination of the agent’s or attorney’s authority has been given to\nthat person.\n(6) Nothing in this section is taken—\n(a) to affect the operation of any law in force in the ACT that\nrequires some consent or sanction to be obtained, or some\nprocedure to be complied with, in relation to the entering into,\nvariation or discharge of a contract; or\n(b) to prevent an incorporated association from entering into,\nvarying or discharging a contract under its common seal (if any).\n(7) In this section:\nofficer does not include a person mentioned in the dictionary,\ndefinition of officer, paragraph (c).\n","sortOrder":53},{"sectionNumber":"56","sectionType":"section","heading":"Validity of documents executed under common seal","content":"56 Validity of documents executed under common seal\nA contract or other instrument executed, or purporting to have been\nexecuted, under the common seal (if any) of an incorporated\nassociation is not taken to be invalid only because a person attesting\nthe fixing of the common seal was in any way, directly or indirectly,\ninterested in the contract or other instrument or in the matter to which\nthe contract or other instrument relates.\n\n","sortOrder":54},{"sectionNumber":"Div 4","sectionType":"division","heading":"1 Appointment of public officer and","content":"Division 4.1 Appointment of public officer and\ncommittee\n","sortOrder":55},{"sectionNumber":"57","sectionType":"section","heading":"Public officer","content":"57 Public officer\n(1) An incorporated association must have a public officer.\n(2) A person is not eligible to be the public officer of an incorporated\nassociation unless the person resides in the ACT and is at least\n18 years of age.\n(3) The public officer of an incorporated association may, unless the rules\nof the association otherwise provide, hold any office of the\nassociation in addition to the office of public officer.\n(4) An act of the public officer of an incorporated association is not taken\nto be invalid only because—\n(a) there is a defect in the public officer’s appointment; or\n(b) the public officer was not eligible to be the public officer under\nsubsection (2); or\n(c) the office of the public officer was, at the time of the act, taken\nto be vacant under section 64 (2).\n","sortOrder":56},{"sectionNumber":"58","sectionType":"section","heading":"Inaugural public officer","content":"58 Inaugural public officer\nThe inaugural public officer of an association incorporated under this\nAct is, unless the rules of the association otherwise provide, taken to\nbe—\n(a) for an association incorporated under section 19—the person\nauthorised under section 16 (a) to apply for the incorporation of\n\n(b) for an association incorporated under section 27—the person\nnominated as the inaugural public officer of the association\nunder section 26 (2) (a) (ii).\n","sortOrder":57},{"sectionNumber":"59","sectionType":"section","heading":"Notice of public officer’s appointment or change of","content":"59 Notice of public officer’s appointment or change of\naddress\n(1) A person who is appointed to be the public officer (other than the\ninaugural public officer) of an incorporated association must, not later\nthan 1 month after being appointed, lodge with the registrar-general\na notice of the appointment.\n(2) If the public officer of an incorporated association changes the public\nofficer’s address, the public officer must, within 1 month after the\nchange, lodge with the registrar-general a notice of the change.\nconfidential (see s 13A (2)). However, a public officer must have at least\n1 address publicly available for service of documents (see s 13A (4)).\n(3) This section does not apply to an incorporated association that is an\nACNC registered entity.\n","sortOrder":58},{"sectionNumber":"60","sectionType":"section","heading":"Committee","content":"60 Committee\n(1) An incorporated association must have a committee of at least 3\nmembers of the association.\n(2) The committee of an incorporated association has the management of\n\n","sortOrder":59},{"sectionNumber":"61","sectionType":"section","heading":"Inaugural committee","content":"61 Inaugural committee\nThe inaugural members of the committee of an association\nincorporated under this Act are, unless the rules of the association\notherwise provide, taken to be—\n(a) for an association incorporated under section 19—the persons\nappointed under section 16 (d); or\n(b) for an association incorporated under section 27—the persons\nnominated for section 26 (2) (a) (iii).\n","sortOrder":60},{"sectionNumber":"62","sectionType":"section","heading":"Notice of changes in committee","content":"62 Notice of changes in committee\n(a) a person becomes a member (other than an inaugural member)\nof the committee of an incorporated association; or\n(b) the office of a member of the committee of an incorporated\nassociation becomes vacant; or\n(c) a member of the committee of an incorporated association\nchanges the member’s address;\nthe association must, not later than 1 month after the occurrence of\nthe event referred to in paragraph (a), (b) or (c), lodge with the\nregistrar-general notice of the occurrence.\n(2) If a member of the committee of an incorporated association changes\nthe member’s address the member must, within 1 month after the\nchange occurred, notify the association of the change.\n(including address) confidential (see s 13A (2)).\n(3) Subsection (1) does not apply to an incorporated association that is\nan ACNC registered entity.\n\n","sortOrder":61},{"sectionNumber":"63","sectionType":"section","heading":"Disqualification from office––convictions or bankruptcy","content":"63 Disqualification from office––convictions or bankruptcy\n(1) A person who has been convicted, whether in or outside the ACT,\nof—\n(a) an indictable offence in relation to the promotion, formation or\nmanagement of a body corporate; or\n(b) an offence involving fraud or dishonesty punishable by\nimprisonment for a period of 3 months or more;\nmust not, within the period of 5 years after the person was convicted\nor released from imprisonment for the offence, whichever is later,\nwithout leave of the Supreme Court, accept an appointment or act as\nthe public officer or a member of the committee of an incorporated\n(2) A person who is bankrupt or personally insolvent must not, without\nleave of the Supreme Court, accept an appointment or act as the\npublic officer or a member of the committee of an incorporated\n(3) A person referred to in subsection (1) may apply to the Supreme Court\nfor leave to accept an appointment or to act as the public officer or a\nmember of the committee of an incorporated association.\n(4) A person referred to in subsection (2) may apply to the Supreme Court\nfor leave to accept an appointment or to act as the public officer or a\nmember of the committee of an association.\n(5) A person intending to make an application under subsection (3) or (4)\nmust lodge with the registrar-general at least 21 days notice of\nintention to make the application.\n\n(6) On hearing an application under subsection (3) or (4), the Supreme\nCourt may grant or refuse to grant the applicant leave to accept an\nappointment or to act as the public officer or a member of the\ncommittee of an incorporated association, and may, when granting\nleave, make the grant subject to any conditions or limitations the court\nthinks fit.\n(7) On the application of the registrar-general, the Supreme Court may\nrevoke or vary leave granted to a person by the court under subsection\n(6).\n(8) A person must not contravene the requirements of any conditions or\nlimitations included in a grant of leave under subsection (6).\n","sortOrder":62},{"sectionNumber":"63A","sectionType":"section","heading":"Disqualification from office––noncompliance with Act","content":"63A Disqualification from office––noncompliance with Act\n(1) This section applies if the registrar-general is satisfied that––\n(a) a person is, or has been, the public officer or a committee\nmember of an incorporated association; and\n(b) the person or the association has failed to comply with this Act.\n(2) The registrar-general may apply to the ACAT for an order to\ndisqualify the office-holder.\n(3) On application under subsection (2), the ACAT may make an order\ndisqualifying the person from being the public officer or a committee\nmember of an incorporated association for the period the ACAT\nconsiders appropriate if satisfied that––\n(a) either—\n(i) the person has failed to comply with this Act; or\n(ii) while the person was the public officer or a committee\nmember of an incorporated association, the association\nfailed to comply with this Act; and\n\n(b) having regard to the extent of the noncompliance, the\ndisqualification is justified.\n(4) The ACAT may revoke the order on the application of the person\nagainst whom the order was made.\n","sortOrder":63},{"sectionNumber":"63B","sectionType":"section","heading":"Disqualification from office––disqualified under other","content":"63B Disqualification from office––disqualified under other\nlegislation\n(1) A person commits an offence if the person—\n(a) has been disqualified from managing a corporation or an\nAboriginal and Torres Strait Islander corporation under—\n(i) any of the following provisions of the Corporations Act:\n(A) section 206B (1) (a) and (b) (Convictions);\n(B) section 206B (3) and (4) (Bankruptcy or personal\n(C) section 206E (Court power of disqualification—\n(ii) any of the following provisions of the Corporations\n(Aboriginal and Torres Strait Islander) Act 2006 (Cwlth):\n(A) section 279-5 (1) (a) and (b) (Convictions);\n(B) section 279-5 (3) and (4) (Bankruptcy or personal\n(C) section 279-25 (Court power of disqualification—\nrepeated contraventions of Act); and\n(b) accepts an appointment or acts as the public officer or a member\nof the committee of an incorporated association while the person\nis disqualified; and\n\n(c) does not have the Supreme Court’s leave to do so.\n(2) A person mentioned in subsection (1) may, after giving the\nregistrar-general at least 21 days written notice, apply to the Supreme\nCourt for leave to—\n(a) accept an appointment or to act as the public officer; or\n(b) a member of the committee of an incorporated association.\n(3) On hearing an application, the Supreme Court may—\n(a) give leave, including on any condition the court considers\nappropriate; or\n(b) refuse to give leave.\n(4) On the application of the registrar-general, the Supreme Court may\nrevoke or vary leave granted to a person by the court.\n(5) A person commits an offence if the person fails to comply with any\ncondition imposed by the court under subsection (3) (a).\n","sortOrder":64},{"sectionNumber":"64","sectionType":"section","heading":"Vacancy in office of public officer","content":"64 Vacancy in office of public officer\n(1) An incorporated association may, by resolution, remove its public\nofficer from office.\n(2) The office of the public officer of an incorporated association is taken\nto be vacant if the public officer—\n(a) is removed from office under subsection (1); or\n(b) resigns from office; or\n(c) dies; or\n\n(d) becomes bankrupt or personally insolvent; or\n(e) is not physically or mentally fit to exercise the functions of\noffice; or\n(f) was convicted or released from imprisonment for an offence\nmentioned in section 63 (1) within 5 years immediately before\nthe public officer’s appointment, or is convicted of such an\noffence after taking office; or\n(g) is disqualified from managing a corporation or an Aboriginal\nand Torres Strait Islander corporation under—\n(i) any of the following provisions of the Corporations Act:\n(A) section 206B (1) (a) and (b) (Convictions);\n(B) section 206B (3) and (4) (Bankruptcy or personal\n(C) section 206E (Court power of disqualification—\n(ii) any of the following provisions of the Corporations\n(Aboriginal and Torres Strait Islander) Act 2006 (Cwlth):\n(A) section 279-5 (1) (a) and (b) (Convictions);\n(B) section 279-5 (3) and (4) (Bankruptcy or personal\n(C) section 279-25 (Court power of disqualification—\n(h) is subject to a disqualification order under section 63A; or\n(i) ceases to reside in the ACT.\n(3) If a vacancy occurs in the office of the public officer of an\nincorporated association, the committee of the association must,\nwithin 14 days after the vacancy occurred appoint a person to fill the\nvacancy.\n\n(4) If the committee without reasonable cause does not comply with\nsubsection (3), each member of the committee commits an offence.\nMaximum penalty (subsection (4)): 2 penalty units.\n","sortOrder":65},{"sectionNumber":"64A","sectionType":"section","heading":"Resignation of committee member","content":"64A Resignation of committee member\nA member of the committee of an incorporated association may\nresign as a committee member by written notice given to the\npublic officer.\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Disclosure of material personal interest","content":"65 Disclosure of material personal interest\n(1) If a member of the committee of an incorporated association has a\nmaterial personal interest in a matter being considered at a committee\nmeeting, the committee member must—\n(a) as soon as the member becomes aware of the interest, disclose\nthe nature and extent of the interest to the committee; and\n(b) disclose the nature and extent of the interest at the next general\nmeeting of the association.\n(2) Subsection (1) does not apply in relation to a material personal\ninterest—\n(a) that exists only because the member—\n(i) is an employee of the incorporated association; or\n(ii) is a member of a class of people for whose benefit the\nassociation is established; or\n(b) that the member has in common with all, or a substantial\nproportion of, the members of the association.\n\n(3) Subsection (4) applies if a member of the committee of an\nincorporated association has an interest in a contract or proposed\ncontract and the member—\n(a) is not required to disclose the interest because of subsection (2);\nor\n(b) discloses the interest in accordance with subsection (1) and has\ncomplied with section 65A (1).\n(4) For subsection (3)—\n(a) the contract is not liable to be avoided by the association on any\nground arising from the fiduciary relationship between the\nmember and the association; and\n(b) the member is not liable to account for profits derived from the\ncontract.\n(5) A disclosure of a material personal interest required by subsection (1)\nmust give details of—\n(a) the nature and extent of the interest; and\n(b) the relation of the interest to the activities of the incorporated\n(6) The details mentioned in subsection (5) must be recorded in the\nminutes of the committee meeting at which the disclosure is made.\n","sortOrder":67},{"sectionNumber":"65A","sectionType":"section","heading":"Matter on which committee member has material","content":"65A Matter on which committee member has material\npersonal interest\n(1) A member of the committee of an incorporated association who has\na material personal interest in a matter being considered at a\ncommittee meeting must not—\n(a) be present while the matter is being considered at the meeting;\nor\n\n(b) vote on the matter.\n(2) Subsection (1) does not apply in relation to a material personal\ninterest—\n(a) that exists only because the member belongs to a class of people\nfor whose benefit the association is established; or\n(b) that the member has in common with all, or a substantial\nproportion of, the members of the association.\n(3) If there are not enough committee members to form a quorum to\nconsider a matter because of subsection (1)—\n(a) 1 or more committee members (including those who have a\nmaterial personal interest in the matter) may call a general\nmeeting; and\n(b) the general meeting may pass a resolution to deal with the\nmatter.\n","sortOrder":68},{"sectionNumber":"65B","sectionType":"section","heading":"Dispute resolution procedure","content":"65B Dispute resolution procedure\n(1) The rules of an incorporated association must set out a dispute\nresolution procedure for dealing with any dispute under this Act or\nthe rules between—\n(a) a member and another member; or\n(b) a member and the association.\nNote Any power of an incorporated association to adjudicate a dispute under\nthis section is subject to the rules of natural justice (see s 50).\n(2) A member may appoint any person to act on behalf of the member in\nthe dispute resolution procedure.\n\n(3) In applying the dispute resolution procedure, the association must\nensure that—\n(a) each party to the dispute has been given an opportunity to be\nheard on the matter which is the subject of the dispute; and\n(b) the outcome of the dispute is determined by an unbiased\ndecision-maker; and\n(c) the decision-maker notifies each party to the dispute, in writing,\nabout the decision and gives reasons for the decision; and\n(d) to the extent that doing so is compatible with paragraphs (a)\nto (c), the dispute resolution procedure is completed as soon as\nis reasonably practicable; and\n(e) the dispute resolution procedure includes an appeal process.\n(4) If a member has initiated a dispute resolution procedure in relation to\na dispute between the member and the association, the association\nmust not take disciplinary action against any of the following people\nin relation to the matter which is the subject of the dispute resolution\nprocedure until the dispute resolution procedure has been completed:\n(a) the member who initiated the dispute resolution procedure\n(complainant member);\n(b) a member of the association appointed by the complainant\nmember under subsection (2) to act on behalf of the complainant\nmember in the dispute resolution procedure.\n","sortOrder":69},{"sectionNumber":"65C","sectionType":"section","heading":"Disciplinary action","content":"65C Disciplinary action\n(1) This section applies if an incorporated association proposes to take\ndisciplinary action against a member in relation to that member’s\nstatus as a member of the association.\n\n(2) Subject to subsections (3) and (4), the procedure (a disciplinary\nprocedure) under which disciplinary action is taken must be in\naccordance with the procedure (if any) provided by the rules of the\n(3) In applying the disciplinary procedure, the association must ensure\n(a) the member who is the subject of the disciplinary procedure—\n(i) is told the grounds upon which the disciplinary action\nagainst the member is proposed to be taken; and\n(ii) has been given an opportunity to be heard in relation to the\nmatter; and\n(b) the outcome of the disciplinary procedure is decided by an\nunbiased decision-maker; and\n(c) the decision-maker notifies the member, in writing, about the\ndecision and gives reasons for the decision; and\n(d) the disciplinary procedure includes an appeal process; and\n(e) to the extent that doing so is compatible with paragraphs (a)\nto (d), the disciplinary procedure is completed as soon as is\nreasonably practicable.\n(4) A member of an incorporated association who is the subject of a\ndisciplinary procedure must not initiate a dispute resolution\nprocedure in relation to the matter which is the subject of the\ndisciplinary procedure until the disciplinary procedure has been\ncompleted.\n\nDuties of officers Division 4.2\n","sortOrder":70},{"sectionNumber":"66","sectionType":"section","heading":"Information from officers","content":"66 Information from officers\nThe registrar-general may, by notice served on a person who, from\nreturns or other information lodged with the registrar-general, appears\nto be a member of the committee or the public officer of an\nincorporated association, require the person, within the time stated in\nthe notice, to lodge with the registrar-general a notice—\n(a) indicating the person’s current home address; and\n(b) stating whether or not the person holds the office stated in the\nregistrar-general’s notice to the person and, if not, to indicate the\ndate when the person ceased to hold the office.\nconfidential (see s 13A (2)). However, a public officer must have at least\n1 address publicly available for service of documents (see s 13A (4)).\nDivision 4.2 Duties of officers\n","sortOrder":71},{"sectionNumber":"66A","sectionType":"section","heading":"Duty of care and diligence","content":"66A Duty of care and diligence\nAn officer of an incorporated association must exercise the officer’s\nfunctions and discharge the officer’s duties with the degree of care\nand diligence that a reasonable person would exercise if that person—\n(a) were an officer of the association in the circumstances applying\nat the time of the exercise of the function or the discharge of the\nduty; and\n(b) occupied the office held by, and had the same responsibilities\nwithin the association as, the officer.\n","sortOrder":72},{"sectionNumber":"66B","sectionType":"section","heading":"Duty of good faith and proper purpose","content":"66B Duty of good faith and proper purpose\nAn officer of an incorporated association must exercise the officer’s\nfunctions and discharge the officer’s duties—\n(a) in good faith in the best interests of the association; and\n(b) for a proper purpose.\n\n","sortOrder":73},{"sectionNumber":"66C","sectionType":"section","heading":"Use of position","content":"66C Use of position\nAn officer of an incorporated association must not improperly use the\nofficer’s position to—\n(a) gain an advantage for the officer or another person; or\n(b) cause detriment to the association.\n","sortOrder":74},{"sectionNumber":"66D","sectionType":"section","heading":"Use of information","content":"66D Use of information\n(1) This section applies if a person obtains information because the\nperson is, or has been, an officer of an incorporated association.\n(2) The person must not improperly use the information to—\n(a) gain an advantage for the person or another person; or\n(b) cause detriment to the association.\n","sortOrder":75},{"sectionNumber":"67","sectionType":"section","heading":"Register of members","content":"67 Register of members\n(1) An incorporated association must keep and maintain a register of\nmembers in accordance with this section.\n(2) The register of members must contain the following information\nabout each person who is a member of the association:\n(a) the person’s name and contact details;\n(b) if applicable—the class of membership of the person;\n(c) the date the person became a member of the association;\n(d) anything required by the association’s rules;\n(e) anything else prescribed by regulation.\n\nRegister of members Division 4.3\n","sortOrder":76},{"sectionNumber":"67A","sectionType":"section","heading":"Inspection of register of members","content":"67A Inspection of register of members\n(1) A member of an incorporated association may apply to the committee\nof the association to allow the member to inspect the register of\nmembers.\n(2) The committee must—\n(a) allow the request; or\n(b) refuse the request.\n(3) The committee—\n(a) must refuse the request to the extent that it would allow the\nmember to access any personal information restricted under\nsection 67B; and\n(b) may refuse the request if satisfied that the member sought the\ninspection to use information on the register for a purpose that\nwas—\n(i) not directly related to the management or the purposes of\n(ii) prohibited by the rules of the association; or\n(iii) improper.\nNote A dispute may be dealt with under an incorporated association’s dispute\nresolution procedure (see s 65B).\n(4) If the committee allows the request, the committee must make the\nregister of members available for inspection by the member—\n(a) at a reasonable time or any time stated for the purpose in the\nrules of the association; and\n(b) at—\n(i) the address of the public officer of the association; or\n(ii) the registered office of the association (if any); or\n\n(iii) another place in the ACT nominated by the committee.\n(5) A regulation may provide for how the committee must deal with\napplications and make decisions under this section.\n","sortOrder":77},{"sectionNumber":"67B","sectionType":"section","heading":"Restriction of access to personal information","content":"67B Restriction of access to personal information\n(1) A member of an incorporated association may apply to the committee\nof the association to restrict access to personal information of the\nmember recorded in the register of members.\n(2) The application may seek to restrict access so that the personal\ninformation is available only to—\n(a) the public officer; and\n(b) members of the committee other than a stated member or stated\nmembers of the committee.\n(3) The request may be made by—\n(a) the person; or\n(b) if the person is a child—a parent or guardian of the person.\n(4) The committee must—\n(a) if satisfied that there are special circumstances which justify\ndoing so, agree to the request; or\n(b) refuse the request.\n(5) If the committee refuses the request, the committee must notify the\nperson who made the request, in writing, about the decision and give\nreasons for the decision.\n(6) If the committee refuses the request, the committee must not release\nthe personal information without the consent of the person unless at\nleast 28 days have passed since the committee gave notice to the\nperson under subsection (5).\nNote A dispute may be dealt with under an incorporated association’s dispute\nresolution procedure (see s 65B).\n\nGeneral meetings Division 4.4\n(7) A regulation may provide for how the committee must deal with\napplications and make decisions under this section.\n","sortOrder":78},{"sectionNumber":"68","sectionType":"section","heading":"First annual general meeting","content":"68 First annual general meeting\nAn incorporated association must hold its first annual general meeting\nwithin the period of 18 months commencing on the date when the\nassociation was incorporated.\n","sortOrder":79},{"sectionNumber":"69","sectionType":"section","heading":"Annual general meetings","content":"69 Annual general meetings\nAn incorporated association must, in addition to any other meeting it\nholds, hold an annual general meeting, once in each calendar year,\nwithin the period of 5 months beginning at the end of the association’s\nmost recently ended financial year.\n","sortOrder":80},{"sectionNumber":"70","sectionType":"section","heading":"Special resolutions","content":"70 Special resolutions\n(1) A resolution of an incorporated association is taken to be a special\nresolution if—\n(a) it is passed at a general meeting of the association, being a\nmeeting of which at least 21 days notice, accompanied by notice\nof intention to propose the resolution as a special resolution, has\nbeen given to the members of the association; and\n(b) it is passed by at least ¾ of the votes of those members of the\nassociation who, being entitled to vote, vote personally or, if the\nrules of the association permit voting by proxy, vote by proxy at\nthe meeting.\n\n(2) For this section, voting personally includes voting while taking part\nin a meeting conducted using a method of communication, or a\ncombination of methods of communication, that allows a member\ntaking part to hear or otherwise know what each other member taking\npart says without the members being in each other’s presence.\nExamples—methods of communication\nvideo conferencing software, instant messaging, telephone conferencing, in writing\n\n","sortOrder":81},{"sectionNumber":"70A","sectionType":"section","heading":"Application—pt 5","content":"70A Application—pt 5\nThis part does not apply to an incorporated association that is an\nACNC registered entity.\n","sortOrder":82},{"sectionNumber":"70B","sectionType":"section","heading":"Definitions—pt 5","content":"70B Definitions—pt 5\nauditor, of an association’s statement of accounts, means a person\nwho—\n(a) is not a member or officer of the association; and\n(b) has not prepared or assisted with the preparation of the accounts;\nand\n(c) is either—\n(i) registered as an auditor under the Corporations Act; or\n(ii) a member of the Institute of Chartered Accountants in\nAustralia, the Institute of Public Accountants, or CPA\nAustralia.\nlarge association, for a financial year, means an association that has\na total revenue for the financial year of $1 000 000 or more.\nmedium association, for a financial year, means an association that\nhas a total revenue for the financial year of $400 000 or more but less\nthan $1 000 000.\nrequired statement means a statement of accounts—\n(a) for a small association—reviewed in accordance with\nsection 75; or\n(b) for a medium association—reviewed or audited in accordance\nwith section 75; or\n\n(c) for a large association—audited in accordance with section 76.\nreviewer, of an association’s statement of accounts, means a person\nwho—\n(a) is not an officer of the association; and\n(b) has not prepared or assisted with the preparation of the accounts.\nsmall association, for a financial year, means an association that has\na total revenue for the financial year of less than $400 000.\n","sortOrder":83},{"sectionNumber":"70C","sectionType":"section","heading":"Exemption from revenue thresholds","content":"70C Exemption from revenue thresholds\n(1) For section 70B, definitions of large association, medium\nassociation and small association, the committee of an association\nmay, for a financial year, ask in writing that the registrar-general\ndisregard the association’s revenue for the financial year.\n(2) The registrar-general may agree to the committee’s request if the\nregistrar-general is satisfied special circumstances apply to the\nassociation for the financial year.\n(3) If the registrar-general agrees to the committee’s request, the\nregistrar-general—\n(a) must state whether the association is taken to be a large, medium\nor small association for the financial year for this part; and\n(b) may impose conditions on the association.\n","sortOrder":84},{"sectionNumber":"71","sectionType":"section","heading":"Accounting records","content":"71 Accounting records\nAn incorporated association must—\n(a) keep accounting records that correctly record and explain the\ntransactions (including any transactions as trustee) and the\nfinancial position of the association; and\n\n(b) keep its accounting records in such a way that—\n(i) true and fair accounts of the association can be prepared\nfrom time to time; and\n(ii) a statement of the accounts of the association can\nconveniently and properly be reviewed or audited in\naccordance with this part; and\n(c) retain its accounting records for at least 7 years after the\ntransactions to which they relate were completed.\n","sortOrder":85},{"sectionNumber":"72","sectionType":"section","heading":"Annual statement of accounts","content":"72 Annual statement of accounts\n(1) Before the end of the period within which the first annual general\nmeeting or any subsequent annual general meeting of an incorporated\nassociation is required to be held under section 68 or 69, the\ncommittee of the association must prepare a statement of the\nassociation’s accounts.\n(2) The statement of accounts must not be misleading and must give a\ntrue and fair account of—\n(a) the income and expenditure of the association during the most\nrecently ended financial year of the association; and\n(b) the assets and liabilities of the association at the end of that\n(c) any mortgages, charges or other securities of any description\naffecting any property of the association at the end of that\n\n(d) for each trust of which the association was the trustee during a\nperiod in that financial year, being part or all of that financial\nyear—\n(i) the income and expenditure of the trust during that period;\nand\n(ii) the assets and liabilities of the trust at the end of that period;\nand\n(iii) any mortgages, charges or other securities of any\ndescription affecting any of the property of the trust during\nthat period; and\n(e) any prescribed matters.\n","sortOrder":86},{"sectionNumber":"73","sectionType":"section","heading":"Presentation of statement to members","content":"73 Presentation of statement to members\n(1) At each annual general meeting of an incorporated association the\nfollowing documents must be presented by the committee for the\nconsideration of the meeting:\n(a) the required statement of the association’s accounts for the most\nrecently ended financial year of the association;\n(b) a copy of the reviewer’s or auditor’s report to the association in\nrelation to the association’s accounts for that financial year;\n(c) a report signed by 2 members of the committee stating—\n(i) the name of each member of the committee of the\nassociation during the most recently ended financial year\nof the association and, if different, at the date of the report;\nand\n(ii) the principal activities of the association during the most\nrecently ended financial year and any significant change in\nthe nature of those activities that occurred during that\n\n(iii) the net profit or loss of the association for the most recently\nended financial year.\n(2) The committee of a large association must ensure that the prescribed\nnumber of copies of the documents referred to in subsection (1) (a)\nand (b) are available for perusal by members of the association\nimmediately before and during the annual general meeting.\n","sortOrder":87},{"sectionNumber":"74","sectionType":"section","heading":"Review or audit of accounts","content":"74 Review or audit of accounts\n(1) A medium and large association must appoint an auditor.\n(2) For each financial year, the committee of an incorporated association\nmust take reasonable steps to ensure that the following is done at least\n14 days before the association’s annual general meeting:\n(a) for a small association—the association’s accounts for the\nfinancial year are reviewed by a reviewer;\n(b) for a medium association—the association’s accounts for the\nfinancial year are reviewed or audited by an auditor;\n(c) for a large association—the association’s accounts for the\nfinancial year are audited by an auditor.\n","sortOrder":88},{"sectionNumber":"75","sectionType":"section","heading":"Review reports","content":"75 Review reports\n(1) This section applies if—\n(a) a reviewer is used by a small association to review the\nassociation’s statement of accounts; or\n(b) an auditor is appointed by a medium association to review the\nassociation’s statement of accounts.\n\n(2) For a small association, a reviewer must—\n(a) undertake a review of the association’s accounting records; and\n(b) prepare a written report; and\n(c) state in the report whether, on the basis of the review, anything\nhas come to the reviewer’s attention that causes the reviewer to\nbelieve that the accounting records do not satisfy the\nrequirements of this part.\n(3) For a medium association, an auditor must—\n(a) undertake a review of the association’s accounting records in\naccordance with the auditing standards; and\n(b) prepare a written report in accordance with the auditing\nstandards; and\n(c) state in the report—\n(i) whether, on the basis of the review, anything has come to\nthe reviewer’s attention that causes the reviewer to believe\nthat the accounting records do not satisfy the requirements\nof this part; and\n(ii) whether the reviewer has been given all information,\nexplanation and assistance necessary for the conduct of the\nreview; and\n(iii) whether the association has kept accounting records\nsufficient to enable a statement of the association’s\naccounts to be prepared and reviewed; and\n(iv) whether the association has kept other records as required\nby this Act.\n(4) In this section:\nauditing standard—see the Corporations Act, section 9.\n\n","sortOrder":89},{"sectionNumber":"76","sectionType":"section","heading":"Audit reports","content":"76 Audit reports\n(1) This section applies if an auditor is appointed by a medium or large\nassociation to audit the association’s statement of accounts.\n(2) The auditor must report to the association on the accounts required to\nbe laid before the association at the annual general meeting and on\nthe association’s accounting records and other records relating to\nthose accounts.\n(3) The auditor must, in a report under this section, state—\n(a) whether the accounts are in the auditor’s opinion properly drawn\nup—\n(i) so as to give a true and fair view of matters required by\nsection 72 (2) to be dealt with in the accounts; and\n(ii) in accordance with the provisions of this Act; and\n(iii) in accordance with the accounting standards; and\n(b) if, in the auditor’s opinion, the accounts have not been drawn up\nin accordance with the accounting standards—\n(i) whether, in the auditor’s opinion, the accounts would, if\ndrawn up in accordance with the accounting standards,\nhave given a true and fair view of the matters required by\nsection 72 (2) to be dealt with in the accounts; and\n(ii) if, in the auditor’s opinion, the accounts would not, if so\ndrawn up, have given a true and fair view of those\nmatters—the auditor’s reasons for being of that opinion;\nand\n(iii) if subparagraph (ii) does not apply—particulars of the\nquantified financial effect on the accounts of the failure to\nso draw up the accounts; and\n\n(c) any defect or irregularity in the accounts and any matter not set\nout in the accounts without regard to which a true and fair view\nof the matters dealt with by the accounts would not be obtained;\nand\n(d) if the auditor is not so satisfied about any matter referred to in\nparagraph (a) or (b)—the auditor’s reasons for not being so\nsatisfied.\n(4) It is the duty of the auditor to form an opinion about each of the\nfollowing matters:\n(a) whether the auditor has obtained all the information and\nexplanations that the auditor required;\n(b) whether proper accounting records and other records have been\nkept by the association as required by this Act;\nand the auditor must state in the auditor’s report particulars of any\ndeficiency, failure or shortcoming in relation to any matter referred\nto in this subsection.\n(5) The auditor has a right of access at all reasonable times to the\naccounting records and other records of the association and is entitled\nto require from any officer of the association any information and\nexplanations the auditor desires for the purpose of auditing the\nassociation’s accounts.\n(6) The auditor’s report must be attached to or endorsed on the accounts\nand must, if a member so requires, be read before the association at\nthe annual general meeting, and is open to inspection by a member at\nany reasonable time.\n\n(7) The auditor or an agent of the auditor authorised by the auditor in\nwriting for the purpose is entitled to attend any general meeting of the\nassociation and to receive all notices of and other communications\nrelating to any general meeting that a member is entitled to receive\nand to be heard at any general meeting that the auditor attends on any\npart of the business of the meeting that concerns the auditor in the\ncapacity of auditor and is entitled so to be heard even if the auditor\nretires at that meeting or a resolution to remove the auditor from\noffice is passed at that meeting.\n(8) If the auditor becomes aware that the association or the committee\nhave made default in complying with section 69 or 73 relating to the\nlaying of accounts before the annual general meeting of the\nassociation, the auditor must immediately inform the registrar-\ngeneral by notice in writing and if accounts have been prepared and\naudited, send to the registrar-general a copy of the accounts and of\nthe auditor’s report on those accounts.\n(9) Except in a case to which subsection (8) applies, if the auditor, in the\ncourse of the performance of duties as auditor is satisfied that—\n(a) there has been a contravention of this Act; and\n(b) the circumstances are such that in the auditor’s opinion the\nmatter has not been or will not be adequately dealt with by\ncomment in the auditor’s report on the accounts or by bringing\nthe matter to the notice of the committee of the association;\nthe auditor must immediately report the matter to the registrar-general\nby notice in writing.\n(10) In this section:\naccounting standard—see the Corporations Act, section 9.\n\n","sortOrder":90},{"sectionNumber":"77","sectionType":"section","heading":"Reviewer’s and auditor’s liability","content":"77 Reviewer’s and auditor’s liability\nA reviewer or auditor of an incorporated association is not, in the\nabsence of malice by the reviewer or auditor, liable to any action for\ndefamation in relation to any statement that the reviewer or auditor\nmakes, orally or in writing, in the exercise of functions as reviewer or\nauditor of the association.\n","sortOrder":91},{"sectionNumber":"78","sectionType":"section","heading":"Obstruction of auditor","content":"78 Obstruction of auditor\nAn officer of an incorporated association must not, without lawful\nexcuse—\n(a) refuse or fail to allow an auditor of the association access, for\nthe purpose of auditing the accounts of the association, to any\naccounting or other records of the association in the officer’s\ncustody or control; or\n(b) refuse or fail to give the auditor, within a reasonable time, any\ninformation or explanation required by the auditor that is within\nthe knowledge of the officer; or\n(c) otherwise hinder, obstruct or delay an auditor in the exercise of\nfunctions as auditor of the association.\n","sortOrder":92},{"sectionNumber":"79","sectionType":"section","heading":"Registrar-general’s power to require statements and","content":"79 Registrar-general’s power to require statements and\nreports\n(1) The registrar-general may, by written notice, require an incorporated\nassociation to lodge with the registrar-general any of the following\ndocuments of the incorporated association, in relation to a financial\nyear that ended within the last 7 years:\n(a) a statement of the association’s accounts prepared under\nsection 72;\n(b) a copy of a reviewer’s report under section 75;\n\n(c) a copy of an auditor’s report under section 75 or section 76;\n(d) a compliance statement;\n(e) a prescribed document.\n(2) An association must lodge any documents requested within 2 weeks\nafter the date of the notice, or any longer period allowed by the\nregistrar-general.\n(3) An incorporated association commits an offence if it does not comply\nwith the notice.\n(4) In this section:\ncompliance statement means a statement signed by 2 members of the\ncommittee of the association certifying whether the provisions of this\nAct that apply to the association in relation to the financial year have,\nto the best of the members’ knowledge at the time of lodging the\nstatement, been complied with for—\n(i) the preparation of the annual statement of the association’s\naccounts; and\n(ii) the reviewing or auditing of the accounts and the presentation of\nthe required statement at the annual general meeting.\n\n","sortOrder":93},{"sectionNumber":"81","sectionType":"section","heading":"Definitions for pt 6","content":"81 Definitions for pt 6\ncompany limited by guarantee—see the Corporations Act, section 9.\nconstitution—see the Corporations Act, section 9.\ncorporation law—see section 82 (1).\n","sortOrder":94},{"sectionNumber":"82","sectionType":"section","heading":"Voluntary transfer of incorporation","content":"82 Voluntary transfer of incorporation\n(1) An incorporated association may apply to the registrar-general for\npermission to apply for registration of the association under either of\nthe following (a corporation law):\n(a) the Corporations Act;\n(b) the Corporations (Aboriginal and Torres Strait Islander)\nAct 2006 (Cwlth).\n(2) An application for registration under the Corporations Act must be\nfor registration as a company limited by guarantee.\n(3) The registrar-general must give the permission if—\n(a) the association has, by special resolution, resolved to apply for\nregistration of the association under a corporation law; and\n(b) an application lodged with the registrar-general by the\nassociation—\n(i) is signed by the public officer and 2 members of the\ncommittee of the association; and\n(ii) is accompanied by any documents prescribed by\nregulation; and\n\nTransfer of incorporation Part 6\n(iii) includes a statement to the effect that the special resolution\nmentioned in paragraph (a) has been passed by the\n","sortOrder":95},{"sectionNumber":"83","sectionType":"section","heading":"Cancellation where continued incorporation","content":"83 Cancellation where continued incorporation\ninappropriate\n(1) If the registrar-general is satisfied that the continued incorporation of\nan association under this Act would be inappropriate or inconvenient\nbecause of the registrar-general’s assessment of—\n(a) the scale or nature of the activities of the association; or\n(b) the value or nature of the property of the association; or\n(c) the extent or nature of the association’s dealings with persons\nwho are not members or applicants for membership of the\n(d) serve a notice on the association; and\n(e) give public notice in relation to the association.\n(2) A notice under subsection (1) (d) and (e) must—\n(a) contain a statement to the effect that the incorporation of the\nassociation will be cancelled under this section unless, within 2\nmonths of the date when the notice was served or published,\nwhichever is the later, the association—\n(i) obtains the registrar-general’s permission to apply for\nregistration of the association under a corporation law; or\n\n(ii) by special resolution, resolves to implement an\narrangement that, if approved of by the registrar-general,\nwill preserve the continued incorporation of the association\nunder this Act; and\n(3) The registrar-general may, if satisfied on application in writing by an\nassociation, extend the period for compliance with a notice referred\nto in subsection (2).\n(4) The registrar-general may approve of an arrangement referred to in\nsubsection (2) (a) (ii) if satisfied that, subject to being implemented\nto the satisfaction of the registrar-general, it will preserve the\ncontinued incorporation of the association under this Act.\n(5) In considering an arrangement referred to in subsection (2) (a) (ii),\nthe registrar-general may make the arrangement subject to conditions\nthat, if properly observed by the association, will preserve the\ncontinued incorporation of the association under this Act.\n(6) If an association—\n(a) has not complied with either of the requirements of a notice\nreferred to in subsection (2); or\n(b) has not implemented an arrangement as approved by the\nregistrar-general;\n(c) serve a further notice on the association; and\n(d) give a further public notice in relation to the association.\n\nTransfer of incorporation Part 6\n(7) A notice referred to in subsection (6) (c) and (d) must—\n(a) contain a statement to the effect that the incorporation of the\nassociation will be cancelled, unless within 1 month after the\ndate when the notice was served or published, whichever is the\nlater, the association shows cause why the incorporation of the\nassociation should not be cancelled by the registrar-general; and\n(8) If the registrar-general has, in accordance with subsection (6), served\na notice on an incorporated association and published a notice in\nrelation to the association the registrar-general may, on the expiration\nof the period of 1 month referred to in the notice, cancel the\nincorporation of the association unless the registrar-general is\nsatisfied within that period that the continued incorporation of the\nassociation under this Act would not be inappropriate or\ninconvenient.\n(9) A cancellation of incorporation under subsection (8) is a notifiable\ninstrument.\n(10) The provisions of part 7 that relate to the cancellation of the\nincorporation of an association under the part apply in relation to the\ncancellation of the incorporation of an association under this section.\n","sortOrder":96},{"sectionNumber":"84","sectionType":"section","heading":"Membership of proposed company","content":"84 Membership of proposed company\nEach person who was a member of an incorporated association\nimmediately before its registration under the Corporations Act as a\ncompany limited by guarantee is, for the purposes of the association’s\napplication for that registration, taken to be a subscriber to the\nconstitution of the proposed company.\n","sortOrder":97},{"sectionNumber":"85","sectionType":"section","heading":"Cancellation of incorporation following voluntary transfer","content":"85 Cancellation of incorporation following voluntary transfer\nOn the registration of an incorporated association under a corporation\nlaw, the registrar-general must cancel the incorporation of the\nassociation under this Act.\n\n","sortOrder":98},{"sectionNumber":"86","sectionType":"section","heading":"Effect of cancellation of incorporation","content":"86 Effect of cancellation of incorporation\nOn the cancellation under section 85 of the incorporation of an\nassociation (the former association)—\n(a) this Act ceases to apply in relation to the former association; and\n(b) the body corporate previously constituted by the former\nassociation is taken to be subsumed in the body corporate\nconstituted by registration under a corporation law (the\ncompany); and\n(c) any property or proprietary or other rights that were,\nimmediately before the cancellation, vested in the former\nassociation are taken, subject to any trust affecting the property\nor part of it, to be vested in, and may be exercised or enforced\nby, the company; and\n(d) any liability, obligation or penalty that could have been enforced\nagainst or recovered from the former association immediately\nbefore the cancellation is enforceable against or recoverable\nfrom the company; and\n(e) any investigation, legal proceeding or remedy that could,\nimmediately before the cancellation, have been instituted,\ncontinued or enforced against the former association may be\ninstituted, continued or enforced against the company.\n","sortOrder":99},{"sectionNumber":"87","sectionType":"section","heading":"Transfer of land to company","content":"87 Transfer of land to company\nIf, under section 86 (c), any land or interest in land (being land in the\nACT) vested in a former association is taken to be vested in a\ncompany, the registrar-general must, on production of the certificate\nof incorporation of the company, enter the company as the registered\nproprietor of the land or interest in land on the land titles register.\n\n","sortOrder":100},{"sectionNumber":"88","sectionType":"section","heading":"Voluntary winding-up","content":"88 Voluntary winding-up\nAn incorporated association may be wound up voluntarily if the\nassociation has, by special resolution, resolved that it be wound up.\n","sortOrder":101},{"sectionNumber":"89","sectionType":"section","heading":"Application for winding-up by the court","content":"89 Application for winding-up by the court\nAn application to the Supreme Court for the winding-up by the court\nof an incorporated association may be made by the association, by a\nmember or creditor of the association, or by the registrar-general.\n","sortOrder":102},{"sectionNumber":"90","sectionType":"section","heading":"Winding-up by the court","content":"90 Winding-up by the court\nThe Supreme Court may order that an incorporated association be\nwound up if—\n(a) the association has, by special resolution, resolved that it be\nwound up by the court; or\n(b) the association does not begin its operations within the period of\n1 year beginning on the date of incorporation of the association;\nor\n(c) the association suspends its operations for a period exceeding\n1 year; or\n(d) the association is unable to pay its debts; or\n(e) the association (not being an association incorporated under a\ndeclaration under section 15 (1)) has, in the opinion of the court,\nsecured pecuniary gain, as trustee or otherwise, for its members;\nor\n(f) for an association incorporated under a declaration under\nsection 15 (1)—the association has not complied with a\ncondition to which the incorporation of the association is subject\nunder section 15 (2); or\n\n(g) the association has engaged in activities outside the scope of its\nstatement of objects; or\n(h) the committee of the association has acted in affairs of the\nassociation in the interests of the committee, or of a member or\nmembers of the committee rather than in accordance with the\nstatement of objects of the association, or has acted in any other\nmanner that appears to the court to be unjust or inequitable to\nthe members of the association; or\n(i) the court is of the opinion that it is just that the association be\nwound up.\n","sortOrder":103},{"sectionNumber":"91","sectionType":"section","heading":"Application of Corporations Act","content":"91 Application of Corporations Act\nThe Corporations Act, part 5.7 applies to the winding-up of an\nincorporated association subject to the modifications and adaptations\nstated in schedule 2.\n","sortOrder":104},{"sectionNumber":"92","sectionType":"section","heading":"Property of defunct association","content":"92 Property of defunct association\n(1) On the dissolution or the completion of the winding up of an\nincorporated association, any surplus property of the association is,\nsubject to any trust affecting the property or part of it, taken to—\n(a) vest in another association (whether or not the other association\nis incorporated), being an association that complies with\nsubsection (2) and that—\n(i) has been nominated for this paragraph in the rules of the\nformer association; or\n(ii) if no association is nominated in those rules—has been\nnominated by special resolution of the former association;\nor\n\n(b) vest in a fund, authority or institution in Australia mentioned in\nthe Income Tax Assessment Act 1997 (Cwlth), subdivision 30-B\n(i) has been nominated for this paragraph in the rules of the\nformer association; or\n(ii) if a fund, authority or institution in Australia is not\nnominated in the rules—has been nominated by special\nresolution of the former association; or\n(c) if no association, fund, authority or institution has been\nnominated in accordance with paragraph (a) or (b)—vest in the\nregistrar-general.\n(2) For subsection (1) (a), an association is taken to comply with this\nsubsection if it—\n(a) has objects substantially the same as the objects of the former\n(b) is not carried on for the object of securing pecuniary gain for its\nmembers; and\n(c) has a provision in its rules requiring any surplus property of the\nassociation to be passed, on the dissolution or winding-up of the\nassociation, to another association that—\n(i) has objects substantially the same as the firstmentioned\n(ii) is not carried on for the object of securing pecuniary gain\nfor its members.\n\n(3) If, for subsection (1), a former association has nominated another\nassociation or a fund, authority or institution, by special resolution,\nthe former association must lodge with the registrar-general a notice\nin writing, signed by at least 2 members of the committee of the\nformer association, certifying that the special resolution was duly\npassed.\n(4) A person aggrieved by the operation of subsection (1) in relation to\nthe surplus property of a former association may apply to the Supreme\nCourt for an order in relation to the property.\n(5) If an incorporated association has been wound up and, in accordance\nwith subsection (1), land or an interest in land (being land in the ACT)\nvested in the incorporated association is taken to vest in another\nassociation, in a fund, authority or institution or in the registrar-\ngeneral, the registrar-general must enter the entity in which the\nproperty is vested as the registered proprietor of the land or interest\nin land on the land titles register.\n(6) In this section:\nsurplus property means any property or interest in property of a\nformer association that remains after the satisfaction of any debts or\nliabilities of the former association and any costs, charges or expenses\nincurred in the winding-up of the former association.\n","sortOrder":105},{"sectionNumber":"93","sectionType":"section","heading":"Cancellation of incorporation","content":"93 Cancellation of incorporation\n(1) If the registrar-general has reasonable grounds for believing that an\n(a) is not in operation; or\n(b) has fewer than 5 members; or\n\n(c) was incorporated as a result of fraud or mistake; or\n(d) has not during the last 3 years convened an annual general\nmeeting of the association in accordance with this Act; or\n(e) has not lodged an annual accounts document as required by the\nregistrar-general; or\n(f) has lodged annual accounts documents in relation to the last\n3 years and for each year a reviewer or auditor, in the course of\nthe reviewer’s or auditor’s duties to examine the association’s\naccounting records and other records, has stated that the\nreviewer or auditor is unable to determine if the association has\nbeen complying with this Act;\n(g) serve a notice on the association; and\n(h) give public notice in relation to the association.\n(2) A notice under subsection (1) (g) and (h) must—\n(a) contain a statement to the effect that if a reply to the notice from\nthe association showing cause why the incorporation of the\nassociation should not be cancelled is not received by the\nregistrar-general within the period of 2 months after the date\nwhen the notice was served or published, whichever is the later,\nthe incorporation of the association will be cancelled; and\n\n(3) If the registrar-general has, in accordance with subsection (1), served\na notice on an incorporated association and published a notice in\nrelation to the association the registrar-general may, on the end of the\nperiod of 2 months referred to in the notice, in writing, cancel the\nincorporation of the association unless the registrar-general is\nsatisfied within that period that the association—\n(a) is in operation; and\n(b) has at least 5 members; and\n(c) was not incorporated as a result of fraud or mistake; and\n(d) has during the last 3 years convened an annual general meeting\nin accordance with this Act; and\n(e) has lodged any required annual accounts documents; and\n(f) if subsection (1) (f) applies—has taken reasonable steps to\nensure future compliance with this Act.\n(4) A cancellation of incorporation under subsection (3) is a notifiable\ninstrument.\n(5) If, under section 83 or subsection (3), the registrar-general cancels the\nincorporation of an association, the registrar-general must send to the\npublic officer of the association at the address appearing in the\nregistrar-general’s records as the last notified address of the most\nrecently appointed public officer of the association or, if there appears\nto be a vacancy in the office of the public officer, to a member of the\ncommittee of the association at the address that appears in the\nregistrar-general’s records as the last notified address of the\nassociation, a notice of the cancellation.\n\n(6) Despite the cancellation of the incorporation of an association under\nsection 83 or subsection (3), any liability of an officer or member of\nthe association existing at the time of cancellation continues and may\nbe enforced as if the incorporation of the association had not been\ncancelled.\n(7) If the registrar-general is satisfied that the incorporation of an\nassociation was cancelled as the result of an error on the part of the\nregistrar-general, the registrar-general may reinstate the incorporation\nof the association, and the association is then taken to have continued\nin existence as an incorporated association as if its incorporation had\nnot been cancelled.\n(8) If, before the registrar-general cancels the incorporation of an\nassociation under section 83 or subsection (3), the incorporated\nassociation has commenced to be wound up under section 88 or 90—\n(a) the registrar-general may cancel the incorporation despite the\ncommencement of the winding-up; and\n(b) the cancellation of the incorporation is not taken to affect the\nwinding-up.\n(9) In this section:\nannual accounts document means a document mentioned in\nsection 79 (1).\n","sortOrder":106},{"sectionNumber":"94","sectionType":"section","heading":"Property of former incorporated association","content":"94 Property of former incorporated association\n(1) If, under section 83 or 93 (3), the registrar-general cancels the\nincorporation of an association, and the winding-up of the association\nwas not begun before the date of cancellation, any property or interest\nin property held by the association, subject to any trust affecting the\nproperty or interest, is taken to vest in the registrar-general.\n\n(2) If the incorporation of an association has been cancelled under\nsection 93 (3) and land or an interest in land (being land in the ACT)\nvested in the incorporated association is taken to vest in the registrar-\ngeneral under subsection (1), the registrar-general must enter the\nregistrar-general as the registered proprietor of the land or interest in\nland on the land titles register.\n","sortOrder":107},{"sectionNumber":"95","sectionType":"section","heading":"Property vested in registrar-general","content":"95 Property vested in registrar-general\n(1) If the registrar-general is satisfied that under section 92 (1) or 94 any\nproperty or interest in property of a former association is vested in the\nregistrar-general, whether solely or with any other person, the\nregistrar-general may, subject to any trust affecting the property or\ninterest, get in, sell or otherwise dispose of or deal with the property\nor interest or any part of the property or interest as the registrar-\ngeneral thinks fit.\n(2) The power of the registrar-general to sell or otherwise dispose of or\ndeal with property or an interest in property—\n(a) may be exercised solely or with any other person, by public\nauction, public tender or private contract, and in the manner, for\nthe consideration and on the terms and conditions the registrar-\ngeneral thinks fit; and\n(b) includes the power—\n(i) to rescind any contract and resell or otherwise dispose of\nor deal with the property or interest as the registrar-general\nthinks fit; and\n(ii) to execute any contracts, instruments and documents that\nthe registrar-general thinks necessary.\n(3) There is payable to the Territory, for the exercise of the\nregistrar-general’s powers under subsections (1) and (2), out of any\nincome derived from, or the proceeds of sale of, disposition of or\nother dealing with, any property or interest in property, the\ncommission (if any) prescribed.\n\n(4) The registrar-general must apply any moneys received in the exercise\nof a power given by this section in defraying the costs and expenses\nof and incidental to the exercise of the power and in making payments\nauthorised by this section, and must pay the remainder (if any) of the\nmoneys to the Territory.\n(5) A person making a claim in relation to any money paid to the\nTerritory under subsection (4) may apply to the Supreme Court for an\norder for payment of an amount to the person and, if the court is\nsatisfied that an amount should be paid to the person, it must make an\norder for the payment accordingly.\n(6) On the making of an order under subsection (5) for payment of an\namount to a person or on the registrar-general notifying the Minister\nthat the registrar-general is satisfied that an amount should be paid to\na person out of money paid to the Territory under subsection (4), an\namount equal to the amount stated in the order or the notification, is\npayable by the Territory to the person.\n(7) Nothing in this section is taken to deprive a person of another right or\nremedy to which the person is entitled against a liquidator of an\nincorporated association or another person.\n","sortOrder":108},{"sectionNumber":"96","sectionType":"section","heading":"Liability in relation to property vested in registrar-general","content":"96 Liability in relation to property vested in registrar-general\n(1) Property vested in the registrar-general under section 92 (1) or 94 is\nsubject to all charges, claims or liabilities imposed on or affecting the\nproperty by a law about rates, taxes or any other claim or liability to\nwhich the property would have been subject had it continued in the\npossession, ownership or occupation of the association or former\n\n(2) Nothing in subsection (1) is taken to impose on the registrar-general\nor the Territory a duty, obligation or liability to do or suffer anything\nrequired to be done or suffered by a law of a kind referred to in that\nsubsection other than the liability to satisfy or pay a charge, claim or\nliability referred to in that subsection out of the property of an\nassociation or former association to the extent that the property is, in\nthe opinion of the registrar-general, available for and applicable to the\nsatisfaction or payment of the charge, claim or liability.\n","sortOrder":109},{"sectionNumber":"97","sectionType":"section","heading":"Registrar-general’s power to act for defunct association","content":"97 Registrar-general’s power to act for defunct association\n(1) If, after an incorporated association has been dissolved, or has been\nwound up, the registrar-general is satisfied—\n(a) that the association, if it still existed, would be legally or\nequitably bound to carry out, complete or give effect to some\ndealing, transaction or matter; and\n(b) that, in order to carry out, complete or give effect to that dealing,\ntransaction or matter, some purely administrative act, not being\nof a discretionary kind, should have been done by or on behalf\nof the association, or should be done by or on behalf of the\nassociation if the association still existed;\nthe registrar-general may, as representing the association or its\nliquidator under this section, do that act or arrange for that act to be\ndone.\n(2) The registrar-general may execute or sign any relevant instrument or\ndocument adding a memorandum stating that the registrar-general has\ndone so under this section, and any execution or signature under this\nsection has the same force, validity and effect as if the association,\nwhen it still existed, had duly executed the instrument or document.\n\n","sortOrder":110},{"sectionNumber":"98","sectionType":"section","heading":"Records of property vested in registrar-general","content":"98 Records of property vested in registrar-general\nThe registrar-general must keep—\n(a) a record of property vested in the registrar-general under\nsections 92 (1) and 94 and of any transactions in relation to the\nproperty; and\n(b) an account of any money realised from the property and of the\npayment or distribution of the money; and\n(c) any other account, voucher, receipt or other document relating\nto the property or the money;\nfor at least 7 years after the transaction to which the record, account,\nvoucher, receipt or other document relates was completed.\n\n","sortOrder":111},{"sectionNumber":"Part 8","sectionType":"part","heading":"Investigation of association’s","content":"Part 8 Investigation of association’s\naffairs\n","sortOrder":112},{"sectionNumber":"99","sectionType":"section","heading":"Meaning of books in pt 8","content":"99 Meaning of books in pt 8\n(1) In this part:\nbooks includes bankers’ books.\n(2) In this section:\nbankers’ books means—\n(a) books of a banking corporation, including any documents used\nin the ordinary business of a banking corporation; and\n(b) cheques, orders for the payment of money, bills of exchange and\npromissory notes in the possession or under the control of a\nbanking corporation; and\n(c) securities or documents of title to securities in the possession or\nunder the control of a banking corporation whether by way of\npledge or otherwise.\n","sortOrder":113},{"sectionNumber":"100","sectionType":"section","heading":"Secrecy","content":"100 Secrecy\n(1) A person who is, or has at any time been—\n(a) appointed for this Act; or\n(b) engaged as a member of staff of the registrar-general; or\n\n(c) authorised to exercise any function of the registrar-general, or\nany function on behalf of the registrar-general;\nmust not, except to the extent necessary to perform his or her official\nduties, or to exercise such a function, either directly or indirectly,\nmake a record of, or divulge or communicate to any person, any\ninformation acquired by him or her because of his or her being or\nhaving been so appointed, engaged or authorised, or make use of any\nsuch information, for any purpose other than the performance of his\nor her official duties or the exercise of that function.\n(2) Nothing in subsection (1) is taken to preclude a person from—\n(a) producing a document to a court in the course of criminal\nproceedings or in the course of any proceedings under this Act;\nor\n(b) divulging or communicating to a court in the course of any\nproceedings referred to in paragraph (a) any matter or thing\ncoming under his or her notice in the performance of his or her\nofficial duties or in the exercise of a function referred to in that\nsubsection; or\n(c) producing a document or divulging or communicating\ninformation to a person to whom, in the opinion of the registrar-\ngeneral, it is in the public interest that the document be produced\nor the information be divulged or communicated; or\n(d) producing a document or divulging or communicating\ninformation that is required or permitted by any Act of the\nCommonwealth or of the Territory to be produced, divulged or\ncommunicated.\n\n","sortOrder":114},{"sectionNumber":"101","sectionType":"section","heading":"Investigations by registrar-general","content":"101 Investigations by registrar-general\nIf the registrar-general has reasonable grounds for believing that an\noffence against this Act or the repealed Act, or an offence relating to\nan incorporated association, has been, is being, or will be committed,\nbeing an offence that involves fraud or dishonesty or concerns the\nmanagement or affairs of an incorporated association, the\nregistrar-general may make the investigations the registrar-general\nthinks appropriate for the administration of this Act.\n","sortOrder":115},{"sectionNumber":"102","sectionType":"section","heading":"Scope of registrar-general’s powers","content":"102 Scope of registrar-general’s powers\n(1) The powers of the registrar-general under this part may be\nexercised—\n(a) for the purpose of ascertaining whether the repealed Act or this\nAct has been or is being complied with; and\n(b) for the purpose of exercising a function of the registrar-general\nunder this Act.\n(2) If it appears to the registrar-general that a person, or an association or\nother group of persons, not being an incorporated association or other\nbody corporate of which the incorporation was effected or is\nrecognised under a law in force in the ACT, is holding out himself,\nherself or itself, as an incorporated association, the registrar-general\nmay exercise in relation to the person, association or group of persons\nall the powers that the registrar-general may exercise under this part\nin relation to an incorporated association for the purposes referred to\nin subsection (1) (a) and (b).\n","sortOrder":116},{"sectionNumber":"103","sectionType":"section","heading":"Production of association’s books","content":"103 Production of association’s books\n(1) The registrar-general may, by notice in writing—\n(a) require an incorporated association to produce to the\nregistrar-general, immediately or at a time and place stated in\nthe notice, any books relating to the affairs of the association\nthat are specified in the notice; or\n\n(b) require a person who is or has been an officer or employee of an\nincorporated association or who has acted as an agent, banker,\nlawyer or in any other capacity on behalf of an incorporated\nassociation (including an association that is being wound up or\nhas been dissolved) to produce to the registrar-general\nimmediately any books relating to the affairs of the association\nthat are stated in the notice; or\n(c) require a person to produce immediately to the registrar-general\nany books relating to the affairs of an incorporated association\n(including an association that is being wound up or has been\ndissolved) that are in the custody or control of the person.\n(2) If the registrar-general requires a person to produce books, the\nregistrar-general may—\n(a) if the books are produced—\n(i) take possession of the books and make copies of or take\nextracts from them; and\n(ii) require the person or any other person who was a party to\ncompiling the books to make a statement providing any\nexplanation that the person is able to provide in relation to\na matter relating to the compilation of the books or to\nwhich the books relate; and\n(iii) keep the books in the registrar-general’s possession for as\nlong as is necessary to enable the books to be inspected and\ncopies of or extracts from them to be taken by or for the\nregistrar-general; or\n(b) if the books are not produced, require the person—\n(i) to state, to the best of the person’s knowledge or belief,\nwhere the books may be found; and\n\n(ii) to identify the person who, to the best of the firstmentioned\nperson’s knowledge and belief, last had custody of the\nbooks and to state, to the best of the person’s knowledge\nand belief, where the identified person can be found.\n(3) If the registrar-general requires a person to produce books that are\nrecorded, kept or reproduced electronically, the person is taken to\nhave complied with the requirement if the person provides a printed\nor other reproduction of the information contained in the books.\n(4) If the registrar-general has power to require a person to produce books\nrelating to the affairs of an association, the registrar-general may\n(whether or not the registrar-general requires the books to be\nproduced) require the person to identify any property of the\nassociation and to explain the manner in which the association has\nkept account of the property.\n(5) If the registrar-general has possession of any book related to the\naffairs of an association, the registrar-general must permit any person\nwho would be entitled to inspect the book if it were not in the\npossession of the registrar-general to inspect the book at any\nreasonable time.\n","sortOrder":117},{"sectionNumber":"104","sectionType":"section","heading":"Inspection of books held by lawyer","content":"104 Inspection of books held by lawyer\n(a) the registrar-general, under section 103, requires a lawyer to\nproduce a book or to make a statement in relation to a book; and\n(b) the book contains a privileged communication made by or on\nbehalf of, or to, the lawyer;\nthe lawyer may refuse to comply with the requirement unless the\nperson to whom, or by or on behalf of whom, the communication was\nmade (the third party) consents to the lawyer’s compliance with the\nrequirement.\n\n(2) If a lawyer refuses to comply with a requirement in relation to a book\ncontaining a privileged communication, the lawyer must\nimmediately—\n(a) give the registrar-general who made the requirement, in\nwriting—\n(i) if the name and address of the third party are known to the\nlawyer—that name and address; and\n(ii) sufficient particulars to identify the book or part of the\nbook containing the communication; and\n(b) if, under section 103 (2) (a) (ii), the lawyer was required to make\nan explanatory statement—comply with the requirement to the\nextent that it is possible to comply without disclosing the\ncommunication.\n","sortOrder":118},{"sectionNumber":"105","sectionType":"section","heading":"Liability of person producing books","content":"105 Liability of person producing books\nA person is not be taken to be subject to any liability only because the\nperson has complied with a requirement made under section 103\nor 104.\n\n","sortOrder":119},{"sectionNumber":"106","sectionType":"section","heading":"Proceedings for offences","content":"106 Proceedings for offences\n(1) Proceedings for an offence against this Act may be instituted by the\nregistrar-general, within the period of 5 years after the offence was\ncommitted, or within any further period the Minister allows.\n(2) An offence against this Act is punishable on summary conviction.\n","sortOrder":120},{"sectionNumber":"107","sectionType":"section","heading":"Offences related to inspection of books","content":"107 Offences related to inspection of books\n(1) A person must not—\n(a) without reasonable excuse, refuse or fail to comply with a\nrequirement made of the person under section 103; or\n(b) in purported compliance with a requirement made under part 8,\ngive information or an explanation or make a statement that is\nfalse or misleading in a material particular; or\n(c) without reasonable excuse, obstruct or hinder the registrar-\ngeneral in the exercise of a function of the registrar-general\nunder part 8.\n(2) A person does not commit an offence against subsection (1) in\nrelation to information or an explanation given or a statement made\nby the person if the person adduces evidence that the person believed\non reasonable grounds that the information, explanation or statement\nwas true and was not misleading, and that evidence is not rebutted by\nthe prosecution.\n\n(3) A person is not excused from giving information or an explanation or\nmaking a statement relating to the compilation of an association’s\nbooks or to any matter to which the books relate in compliance with\na requirement made of the person under part 8 on the ground that the\ninformation, explanation or statement would or would tend to\nincriminate the person, but if, before giving information or an\nexplanation or making a statement, the person claims that doing so\nwould or would tend to incriminate the person, the information,\nexplanation or statement is not admissible in evidence against the\nperson in criminal proceedings other than proceedings under\nsubsection (1).\n(4) Subject to subsection (3), information, an explanation or a statement\ngiven or made by a person in compliance with a requirement made of\nthe person under part 8 is admissible in evidence in civil or criminal\nproceedings against the person.\n(5) If a person required to produce any books under this part has a lien\non the books, the production of the books by the person is not taken\nto affect the lien.\n","sortOrder":121},{"sectionNumber":"108","sectionType":"section","heading":"Offences by officers of associations etc","content":"108 Offences by officers of associations etc\n(1) A member of the committee of an incorporated association who\nknowingly fails to take all reasonable steps to ensure that the\nassociation has complied or is complying with this Act or with a\ncondition imposed on the association under this Act commits an\noffence.\n(2) An officer of an incorporated association, or an incorporated\nassociation, who or that contravenes a condition imposed on the\nassociation under this Act by the registrar-general or the Minister\ncommits an offence.\nMaximum penalty: 10 penalty units.\n\n(3) Proceedings for an offence against this section may be instituted\nagainst an officer of an incorporated association, and the officer may\nbe convicted of the offence, whether or not proceedings in relation to\nthe offence have been instituted against the association or the\nassociation has been convicted of an offence related to the\nfirstmentioned offence.\n(4) Nothing in this section is taken to affect the liability of an\nincorporated association in relation to an offence committed by the\nassociation against this Act.\n","sortOrder":122},{"sectionNumber":"109","sectionType":"section","heading":"Offence—pecuniary gain","content":"109 Offence—pecuniary gain\n(1) An incorporated association must not, as trustee or otherwise, secure\npecuniary gain for its members.\n(2) Subsection (1) does not apply to an association incorporated under a\ndeclaration under section 15 (1).\n","sortOrder":123},{"sectionNumber":"110","sectionType":"section","heading":"Liability of members","content":"110 Liability of members\nIf, under section 108 (1), a member or members of the committee of\nan incorporated association commit an offence in relation to a failure\nof the association to comply with section 109, the member or\nmembers is or are respectively liable, or jointly and severally liable,\nfor any debt or liability incurred by the association because of the\ncommission of the offence.\n\n","sortOrder":124},{"sectionNumber":"112","sectionType":"section","heading":"Offences by unincorporated bodies","content":"112 Offences by unincorporated bodies\nIf a person, or an association or other group of persons, not being an\nincorporated association or other body corporate of which the\nincorporation is recognised under a law in force in the ACT or under\na law of the Commonwealth, a State or another Territory—\n(a) uses a name or title in which the word ‘Incorporation’ or an\nabbreviation or imitation of it appears or in which the\nabbreviation ‘Inc.’ or any imitation of it appears; or\n(b) otherwise holds out himself or herself, or itself, as being an\nincorporated association or other body corporate of which the\nincorporation was effected or is recognised under a law in force\nin the ACT;\nthe person, or each member of the association or other group of\npersons, commits an offence.\nMaximum penalty: 30 penalty units.\n","sortOrder":125},{"sectionNumber":"114","sectionType":"section","heading":"Investment with associations","content":"114 Investment with associations\n(1) An incorporated association must not, without the written approval of\nthe registrar-general, invite a person other than a member or applicant\nfor membership of the association to invest money with the\nassociation nor receive money from such a person for investment with\n(2) If an incorporated association receives money from a person in\ncontravention of subsection (1)—\n(a) the transaction is taken to be void; and\n(b) the money, any interest on the money paid or payable to the\nassociation, and any profit derived from use of the money by the\nassociation, is recoverable by the person from the association as\na debt due to the person.\n\n(3) An incorporated association may, subject to the rules, invite a\nmember or applicant for membership of the association to deposit\nmoney with or lend money to the association, and may receive money\nfrom a member or applicant for membership.\n(4) The registrar-general may grant an incorporated association approval\nto invite a person referred to in subsection (1) to invest money with\nthe association and approval to receive money from such a person for\ninvestment, and may make the grant subject to any conditions the\nregistrar-general thinks fit.\n(5) An association that does not comply with a condition specified in a\ngrant of approval given to the association under subsection (4)\ncommits an offence.\n","sortOrder":126},{"sectionNumber":"115","sectionType":"section","heading":"Certificates as evidence","content":"115 Certificates as evidence\n(1) In any proceedings, a certificate of the registrar-general to the\neffect—\n(a) that, on a date stated in the certificate, the association named in\nthe certificate was or was not an incorporated association; or\n(b) that, on a date stated in the certificate, there was no association\nincorporated under the name stated in the certificate; or\n(c) that a provision of this Act stated in the certificate—\n(i) had or had not been complied with at a date or within a\nperiod stated in the certificate; or\n(ii) had been complied with at the date stated in the certificate\nbut not before that date; or\n(d) that, on a date stated in the certificate, the person named in the\ncertificate was or was not shown by the registrar-general’s\nrecords to be the public officer of an incorporated association\nnamed in the certificate; or\n\n(e) that, on a date stated in the certificate, the address stated in the\ncertificate was the last address of the public officer of the\nincorporated association named in the certificate of which the\nregistrar-general was notified; or\n(f) that a copy of the statement of the objects or the rules of an\nincorporated association named in the certificate, or a copy of a\nnotice stating particulars of any trust relating to the incorporated\nassociation named in the certificate, is a true copy of the\nstatement, the rules or the notice, at the date stated in the\ncertificate;\nis evidence of the matters stated in the certificate.\n(2) In any proceedings, a certificate of incorporation issued under this\nAct or the repealed Act in relation to an association is taken to be\nconclusive evidence that the association was incorporated under the\nrespective Act on the date stated in the certificate as the date of\nincorporation.\n(3) In this section—\n(a) a reference to a copy of a document includes a reference to a\nprint-out of the matters or some of the matters contained in the\ndocument and recorded in a computerised database comprising\nthe matters contained in documents issued by or lodged with the\nregistrar-general; and\n(b) a reference to a document includes a reference to—\n(i) an application lodged with the registrar-general under this\nAct; and\n(ii) if a reproduction or transparency of a document lodged\nwith the registrar-general has been incorporated in a\nregister—the reproduction or transparency.\n\n","sortOrder":127},{"sectionNumber":"116","sectionType":"section","heading":"Copies or extracts of books as evidence","content":"116 Copies or extracts of books as evidence\n(1) In any legal proceedings (whether under this Act or otherwise), a copy\nof, or extract from, a book relating to the affairs of an incorporated\nassociation is admissible in evidence as if it were the book or the\nrelevant part of it on proof that the copy or extract is a true copy of\nthe book or the relevant part of it.\n(2) For subsection (1), evidence that a copy of or an extract from a book\nis a true copy of the book or a part of the book—\n(a) may be given by a person who has compared the copy or extract\nwith the book or relevant party of the book; and\n(b) may be given—\n(i) orally; or\n(ii) in writing; or\n(iii) by an affidavit sworn before a person authorised to take\naffidavits.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n","sortOrder":128},{"sectionNumber":"117","sectionType":"section","heading":"Constructive notice of documents etc","content":"117 Constructive notice of documents etc\n(1) A person is not taken to have knowledge of—\n(a) the statement of the objects or the rules, or any of the content of\nthat statement or the rules, of an association; or\n(b) a document or the content of a document relating to an\n(c) any particulars relating to an association;\nonly because—\n(d) the statement, the rules, the document or a statement or notice\nof the particulars has been lodged with the registrar-general; or\n\n(e) the statement, the rules, the document or a statement or notice\nof the particulars is referred to in another document lodged with\nthe registrar-general.\n(2) In any proceedings to which an incorporated association or a\nguarantor of an obligation of an incorporated association and a person\ndealing with the association or a person who has acquired rights from\nthe association are parties, the association or the guarantor is not\nentitled to adduce evidence that—\n(a) the rules of the association have not been complied with; or\n(b) the most recently appointed public officer of the association of\nwhose appointment the registrar-general was notified is not the\npublic officer of the association;\nunless the person—\n(c) had actual knowledge of that fact at the relevant time; or\n(d) ought to have had knowledge of that fact at the relevant time\nbecause of the person’s connection or relationship with the\n\nPart 10 Notification and review of decisions\nPart 10 Notification and review of\ndecisions\n118 Meaning of reviewable decision—pt 10\nreviewable decision means a decision mentioned in\nschedule 3, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":129},{"sectionNumber":"119","sectionType":"section","heading":"Reviewable decision notices","content":"119 Reviewable decision notices\nIf the registrar-general makes a reviewable decision, the\nregistrar-general must give a reviewable decision notice to each entity\nmentioned in schedule 3, column 4 in relation to the decision.\nNote The registrar-general must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":130},{"sectionNumber":"119A","sectionType":"section","heading":"Applications for review","content":"119A Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 3, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":131},{"sectionNumber":"119B","sectionType":"section","heading":"Information sharing on ACNC registered entities","content":"119B Information sharing on ACNC registered entities\n(1) The registrar-general may enter into an arrangement with the\nCommissioner of the ACNC for the provision of information to the\nregistrar-general about incorporated associations that are ACNC\nregistered entities.\n(2) In this section:\nCommissioner of the ACNC means the Commissioner of the ACNC\nestablished under the Australian Charities and Not-for-profits\nCommission Act 2012 (Cwlth), section 110-5.\n","sortOrder":132},{"sectionNumber":"120","sectionType":"section","heading":"Extensions of time for applications etc","content":"120 Extensions of time for applications etc\n(1) The registrar-general may, on the written application of an\nincorporated association, an officer of an incorporated association or\na person authorised for this section by an association or a group of\npersons proposing to form an association, extend a period of time\nprescribed by this Act, whether or not the application is made before\nthe period has expired.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n(2) The registrar-general may make the extension of a period under\nsubsection (1) subject to any condition the registrar-general thinks fit\nand may, by written notice to the association, vary or revoke the\nextension.\n\n","sortOrder":133},{"sectionNumber":"121","sectionType":"section","heading":"Registered office of incorporated association","content":"121 Registered office of incorporated association\n(1) An incorporated association may have a registered office in the ACT\nto which communications and notices may be addressed and that must\nbe open for the hours (not being less than 3) between the hours of\n9 am and 5 pm of each day that is not a Saturday, a Sunday or a public\nholiday that are stated by the association—\n(a) in an application for incorporation under section 18 (1) (a)\nor 26 (2) (a); or\n(b) in a notice given under subsection (2) or, if the association gives\na notice under subsection (3), in that notice.\n(2) If an incorporated association opens a registered office subsequent to\nincorporation under this Act, it must, within 7 days of opening that\noffice, inform the registrar-general by notice in writing of—\n(a) the address of the registered office of the association; and\n(b) the hours during which the office is required to be open under\nsubsection (1).\n(3) An incorporated association having a registered office must, within\n7 days of a change in the situation of that office or a change in the\nhours of opening of the office, inform the registrar-general by notice\nin writing of the relevant change.\n(4) This section does not apply to an ACNC registered entity.\n","sortOrder":134},{"sectionNumber":"122","sectionType":"section","heading":"Service of documents","content":"122 Service of documents\n(1) Unless otherwise provided by this Act, service on an incorporated\nassociation of a document or process may be effected by—\n(a) addressing it to the association and leaving it at, or sending it by\npost to, the address that appears in the registrar-general’s records\nas the last notified address of the person who is, or was then, the\npublic officer of the association; or\n\n(b) serving a copy of it personally on a member of the committee of\n(c) if the association has a registered office—addressing it to the\nassociation and leaving it at, or, by sending it by post to, the\nregistered office of the association; or\n(d) if the association is an ACNC registered entity—giving the\ndocument or process in accordance with the Australian\nCharities and Not-for-profits Commission Act 2012 (Cwlth),\nsection 195-10.\n(2) If under this Act a document or process is served on the public officer\nor a member of the committee of an incorporated association, the\npublic officer or the member must, as soon as practicable after\nreceiving the document or process, bring it to the attention of the\ncommittee of the association.\n(3) If a person who is not the public officer or a member of the committee\nof an incorporated association—\n(a) receives a document addressed to the association; and\n(b) was, at any time within the period of 2 years ended immediately\nbefore receiving the document, an officer of the association;\nthe person must, as soon as practicable after receiving the document,\nbring it to the attention of the committee of the association.\n","sortOrder":135},{"sectionNumber":"123","sectionType":"section","heading":"Translation of instruments","content":"123 Translation of instruments\nIf under this Act a person gives to or lodges with the registrar-general\nany instrument or a copy of any instrument and the instrument is not\nwritten in the English language, the person must at the same time give\nto or lodge with the registrar-general a certified translation of the\ninstrument into the English language.\n\n","sortOrder":136},{"sectionNumber":"124","sectionType":"section","heading":"Powers of the court","content":"124 Powers of the court\nOn hearing an application under this Act, the court may make or\nrefuse to make the order sought, and may make any other orders it\nthinks fit.\n","sortOrder":137},{"sectionNumber":"125","sectionType":"section","heading":"Determination of fees","content":"125 Determination of fees\n(1) The Minister may, in writing, determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":138},{"sectionNumber":"126","sectionType":"section","heading":"Approved forms","content":"126 Approved forms\n(1) The registrar-general may, in writing, approve forms for this Act.\n(2) If the registrar-general approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":139},{"sectionNumber":"127","sectionType":"section","heading":"Regulation-making power","content":"127 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to—\n(a) prescribing model rules; and\n(b) lodging applications or other documents with the\nregistrar-general; and\n(c) the verification of information required or permitted to be given\nto the registrar-general; and\n(d) regulating the preparation, completion and signing of approved\nforms.\n(3) A regulation may create offences and fix maximum penalties of not\nmore than 10 penalty units for the offences.\n\n(4) If—\n(a) a document to be lodged under this Act is required to be verified\nand no way of verifying the document or its contents is\nprescribed by this Act; or\n(b) the verification of a document to be lodged under this Act is not\nprovided for by this Act;\nthe regulations may provide that the document is to be verified by a\nwritten statement made by a person prescribed under the regulations.\n\n","sortOrder":140},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Matters to be provided for in rules other than model rules","content":"Schedule 1 Matters to be provided for in rules other than model rules\nSchedule 1 Matters to be provided for in\nrules other than model rules\n(see s 32 (a))\n1 membership\nqualifications\nstate any qualification that is a prerequisite to being\nadmitted to membership of the association\n2 fees and subscriptions state the amount of any entrance fee, subscription or\nother charge payable by members of the association\n3 members’ liability state the liability (if any) of members of the\nassociation to contribute towards payment of the debts\nand liabilities of the association or the costs, charges\nand expenses of winding-up the association\n4 discipline state—\n(a) the procedure (if any) for disciplining\nmembers; and\n(b) the way (if any) in which a member may\nappeal in respect of any disciplinary action\ntaken against the member; and\n(c) the way (if any) in which a member may\nmake representations to, or appear before, the\nassociation or its delegate, in relation to any\ncharge made against the member\n5 dispute resolution state the procedure for settling disputes under this Act\nor the rules between—\n(a) the incorporated association and any of its\nmembers; or\n(b) a member and any other member\n\nMatters to be provided for in rules other than model rules Schedule 1\n6 committee of the\n1 state the name, constitution and powers of the\ncommittee of the association\n2 make provision for the following matters in\nrelation to the committee:\n(a) the election or appointment of members of the\ncommittee;\n(b) the term of office of members of the\ncommittee;\n(c) any grounds on which the office of a member\nof the committee is taken to have become\nvacant;\n(d) the manner of filling a casual vacancy in the\noffice of a committee member;\n(e) the resignation of a member of the committee;\n(f) the number of members that constitute a\nquorum at a meeting of the committee;\n(g) the procedure to be followed at a meeting of\nthe committee\n\nSchedule 1 Matters to be provided for in rules other than model rules\n7 general meetings make provision for the following matters in relation to\ngeneral meetings of the association:\n(a) the frequency with which general meetings of\nthe association are to be convened;\n(b) the way in which general meetings and\nspecial general meetings of the association are\nto be convened;\n(c) the procedure to be followed at a general\nmeeting of the association;\n(d) the number of members that constitutes a\nquorum at a general meeting of the\n(e) whether or not members of the association are\nentitled to vote by proxy at general meetings;\n(f) the time within which and the manner in\nwhich notices of general meetings and notices\nof motion are to be given, published or\ncirculated\n8 financial year state the date when the financial year of the association\nends\n9 funds 1 state the source from which the funds of the\nassociation are to be or may be derived\n2 state the way in which the funds of the\nassociation are to be managed\n10 common seal provide for the custody and use of the common seal\n(if any) of the association\n11 custody of books\nand documents\nmake provision for the custody of any books,\ndocuments or securities of the association\n12 inspection of books\nand documents\nprovide for the inspection by members of any books or\ndocuments of the association\n13 access to and copies of\ndocuments\nprovide for members to access and obtain copies of\ndocuments of the association, including terms and\nconditions to restrict access\n\nModification of the Corporations Act, part 5.7 in its application to\n","sortOrder":141},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"Schedule 2\nSection [2.1]\nSchedule 2 Modification of the\nCorporations Act, part 5.7 in its\napplication to incorporated\n(see s 91)\n[2.1] Section 582\nomit\n[2.2] Section 583\nafter 2nd mention of\nChapter\ninsert\n(excluding parts 5.1, 5.2, 5.3, 5.4, 5.7A, 5.8 and 5.9)\n[2.3] Section 583 (b)\nomit\n[2.4] Section 583 (c) (iii)\nomit\n[2.5] New section 583 (d), (e) and (f)\ninsert\n(d) in relation to a voluntary winding up—part 5.5 applies subject\nto the exclusion of the following provisions:\nsection 493 (2); division 3; sections 501 and 507.\n\nSchedule 2 Modification of the Corporations Act, part 5.7 in its application to\nSection [2.5]\n(e) in relation to winding up generally—part 5.6 applies subject to\nthe exclusion of the following provisions:\nsections 532 (8), 544, 556 (1) (c), (d) and (j), 557, 565 (2) (a) (ii)\nand 572-579.\n(f) in this chapter that apply in relation to the winding up of an\n(i) a reference to a company or a body is a reference to an\nincorporated association; and\n(ii) a reference to a contributory of a company is a reference to\na member of an incorporated association; and\n(iii) a reference to the registration of a company is a reference\nto the incorporation of an incorporated association; and\n(iv) a reference to the articles of a company is a reference to the\nrules of an incorporated association; and\n(v) a reference to the directors of a company is a reference to\nthe members of the committee of an incorporated\n(vi) a reference to the secretary of a company is a reference to\nthe public officer of an incorporated association; and\n(vii) a reference to the registered office or to the principal place\nof business of a corporation is a reference—\n(A) if an incorporated association has a registered\noffice—to the current address of that office as notified\nto the registrar-general under the Act; or\n(B) if an incorporated association does not have a\nregistered office—to the current address of the public\nofficer of the association as notified to the\nregistrar-general under the Act;\n\nModification of the Corporations Act, part 5.7 in its application to\nSchedule 2\nSection [2.6]\n(viii) a reference to a special resolution is a reference to a special\nresolution within the meaning of the Act; and\n(ix) a reference to the commission is a reference to the\nregistrar-general within the meaning of the Act.\n[2.6] Section 586\nomit\n[2.7] Section 587\nomit\n[2.8] Section 588 (1), (2), (4) and (5)\nomit\n\n","sortOrder":142},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 3 Reviewable decisions\nSchedule 3 Reviewable decisions\n(see pt 10)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 13 (1) refuse to receive or register\ndocument submitted for\nlodgment\nassociation lodging\ndocument\n2 19 refuse application for\nincorporation of association or\nproposed association\napplicant for incorporation\n3 27 refuse application for\nincorporation of amalgamating\napplicant for incorporation\n4 39 (1) direct association to change\nname\nassociation given direction\n5 70C (2) refuse application for\nexemption from revenue\nthreshold\napplicant for exemption\n6 70C (3) impose conditions on\nexemption\napplicant for exemption\n7 83 (8) cancel incorporation of\nincorporation cancelled\n8 93 (3) cancel incorporation of\nincorporation cancelled\n9 114 withhold approval to invitation\nfor investment in incorporated\nassociation that seeks\napproval\n10 120 (1) refuse application for extension\nof time\napplicant for extension of\ntime\n11 120 (2) vary or revoke grant of\nextension of time\nextension of time varied or\nrevoked\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• bankrupt or personally insolvent\n• Corporations Act\n• disallowable instrument (see s 9)\n• document\n• entity\n• financial year\n• function\n• home address\n• land titles register\n• notifiable instrument (see s 10)\n• public holiday\n• registrar-general\n• reviewable decision notice.\naccounting records includes invoices, receipts, orders for the\npayment of money, bills of exchange, cheques, promissory notes,\nvouchers and other documents of prime entry, books and records\nwhich record documents of prime entry, and any working papers and\ndocuments that are necessary to explain the methods and calculations\nby which accounts are made up.\nACNC registered entity means a registered entity under the\nAustralian Charities and Not-for-profits Commission\nAct 2012 (Cwlth).\nannual general meeting, in relation to an incorporated association,\nmeans a meeting of the association held under section 68 or 69.\n\napproved form means a form approved by the registrar-general under\nsection 126 (Approved forms).\nauditor, of an association’s statement of accounts, for part 5 (Record\nkeeping and reporting)—see section 70B.\nauthorised person means a person authorised to apply for the\nincorporation of an association or proposed association under\nsection 16 (a).\nbanking corporation means a bank, building society or credit union.\nbooks—\n(a) for this Act generally—includes any register or other record of\ninformation and any accounts or accounting records, however\ncompiled, recorded or stored and any other document; and\n(b) for part 8 (Investigation of association’s affairs)—see section 99\n(1).\ncertificate of incorporation means a certificate of incorporation\nissued under section 19, section 27 or section 38 (3).\ncommittee, in relation to an association, means the committee of the\nassociation established under section 60 (1).\ncompany limited by guarantee, for part 6 (Transfer of\nincorporation)—see section 81.\nconstitution, for part 6 (Transfer of incorporation)—see section 81.\ncorporation law, for part 6 (Transfer of incorporation)—see\nsection 82 (1).\ncourt means the Supreme Court or the Magistrates Court.\nfinancial year, in relation to an incorporated association, means the\nperiod, not exceeding 12 months, fixed by the rules of the association\nas the financial year of the association for this Act.\n\ninaugural member of a committee means a person who is, under\nsection 61, taken to be an inaugural member of the committee of an\nincorporated association.\ninaugural public officer means the person who is, under section 58,\ntaken to be the inaugural public officer of an incorporated association.\nincorporated means incorporated under this Act or the repealed Act.\nincorporation, in relation to a nonexistent incorporated association,\nfor division 3.6 (Contracts)—see section 42.\nlarge association, for a financial year, for part 5 (Record keeping and\nreporting)—see section 70B.\nmedium association, for a financial year, for part 5 (Record keeping\nand reporting)—see section 70B.\nmember, in relation to membership of an incorporated association\nwhether as an individual or as a body corporate, includes associate\nmember or any other class of member.\nmodel rules means the rules prescribed under section 127 (2) (a).\nobjects, in relation to an incorporated association, means the objects\nthat are, under section 29, the objects of the association.\nofficer, in relation to an incorporated association, means—\n(a) a member of the committee of the association; or\n(b) the public officer, secretary, treasurer or executive officer of the\nassociation, the holder of any other office of the association\n(however described) or a person occupying any of the\nabovementioned offices, whether validly appointed or not; or\n(c) any other person who is concerned in or takes part in the\nmanagement of the association’s affairs;\nbut does not include a patron or the holder of another honorary office\nof the association if the office does not give its incumbent a right to\nparticipate in the management of the association’s affairs.\n\npecuniary gain—see section 4.\npublic officer, in relation to an incorporated association, means the\nperson appointed to be the public officer of the association in\naccordance with section 57.\npurport—\n(a) to enter into a contract, for division 3.6 (Contracts)—see\nsection 42; and\n(b) to execute a contract, for division 3.6 (Contracts)—see\nsection 42.\nregister of members—means the register kept under section 67.\nrepealed Act means the Associations Incorporation Act 1953 as in\nforce from time to time before 1 January 1992.\nreproduction, in relation to a document, means—\n(a) a machine-copy of the document; or\n(b) a print made from the negative of the document; or\n(c) if an image of the document has been stored by means of a\ncomputer or by other electronic means—a print-out of the\nimage.\nrequired statement, for part 5 (Record keeping and reporting)—see\nsection 70B.\nreviewable decision, for part 10 (Notification and review of\ndecisions)—see section 118.\nreviewer, of an association’s statement of accounts, for part 5 (Record\nkeeping and reporting)—see section 70B.\nrules, in relation to an incorporated association, means the rules that\nare, under section 31 (1), the rules of the association.\n\nsmall association, for a financial year, for part 5 (Record keeping and\nreporting)—see section 70B.\nspecial resolution means a resolution passed in accordance with\nsection 70.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nAssociations Incorporation Act 1991 A1991-46\nnotified 30 September 1991 (Gaz 1991 No S97)\ns 1, s 2 commenced 30 September 1991 (s 2 (1))\nremainder commenced 1 January 1992 (s 2 (2) and Gaz 1991\nNo S140)\nas amended by\nStatute Law Revision (Miscellaneous Provisions) Act 1993 A1993-1\nnotified 1 March 1993 (Gaz 1993 No S23)\ncommenced 1 March 1993\nRegistrar-General (Consequential Provisions) Act 1993 A1993-64\nnotified 6 September 1993\ns 1, s 2 commenced 6 September 1993 (s 2 (1))\nsch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)\nReal Property (Consequential Provisions) Act 1993 A1993-90 sch\nnotified 17 December 1993\ns 1, s 2 commenced 17 December 1993 (s 2 (1))\nsch commenced 1 January 1994 (s 2 (2) and Gaz 1993 No S270)\nAssociations Incorporation (Amendment) Act 1994 A1994-21\nnotified 20 May 1994 (Gaz 1994 No S87)\ncommenced 20 May 1994 (s 2)\nAdministrative Appeals (Consequential Amendments) Act 1994\nA1994-60 sch 1\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October (s 2 (1))\nsch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)\nLand Titles (Consequential Amendments) Act 1995 A1995-54 sch 1\nnotified 20 December 1995 (Gaz 1995 No S313)\ncommenced 20 June 1996 (s 2)\n\nFinancial Institutions (Removal of Discrimination) Act 1997 A1997-88\nsch\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch commenced 31 December 1997 (s 2 (2) and Gaz 1997 No S442)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3\nnotified 10 November 1999 (Gaz 1999 No 45)\ncommenced 10 November 1999 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 24\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 24 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.7\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.7 commenced 9 April 2004 (s 2 (1))\nStatute Law Amendment Act 2004 A2004-42 sch 3 pt 3.2\nnotified LR 11 August 2004\ns 1, s 2 commenced 11 August 2004 (LA s 75 (1))\nsch 3 pt 3.2 commenced 25 August 2004 (s 2 (1))\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.3\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.3 commenced 2 June 2005 (s 2 (1))\n\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.8\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.8 commenced 12 April 2007 (s 2 (1))\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.4\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.4 commenced 11 July 2007 (s 2 (1))\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.10\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.10 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nJustice and Community Safety Legislation Amendment Act 2009\n(No 2) A2009-19 pt 2\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\npt 2 commenced 29 September 2009 (s 2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.6\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.6 commenced 22 September 2009 (s 2)\nAssociations Incorporation Amendment Act 2009 A2009-27\nnotified LR 9 September 2009\ns 1, s 2 commenced 9 September 2009 (LA s 75 (1))\nremainder commenced 10 September 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.3\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.3 commenced 17 December 2009 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2010\n(No 2) A2010-30 sch 1 pt 1.2\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\ns 3 commenced 1 September 2010 (s 2 (1))\nsch 1 pt 1.2 commenced 28 September 2010 (s 2 (2))\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.2\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.2 commenced 1 March 2011 (s 2)\nJustice and Community Safety Legislation Amendment Act 2011\nA2011-16 sch 1 pt 1.2\nnotified LR 17 May 2011\ns 1, s 2 commenced 17 May 2011 (LA s 75 (1))\nsch 1 pt 1.2 commenced 17 November 2011 (s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2011\n(No 2) A2011-27 sch 1 pt 1.1\nnotified LR 30 August 2011\ns 1, s 2 taken to have commenced 29 July 2008 (LA s 75 (2))\nsch 1 pt 1.1 commenced 13 September 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.3\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.3 commenced 21 September 2011 (s 2 (1))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.4\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\n\nBusiness Names Registration (Transition to Commonwealth) Act\n","sortOrder":143},{"sectionNumber":"2012","sectionType":"section","heading":"A2012-2 sch 2 pt 2.1","content":"2012 A2012-2 sch 2 pt 2.1\nnotified LR 28 February 2012\ns 1, s 2 commenced 28 February 2012 (LA s 75 (1))\nsch 2 pt 2.1 commenced 28 May 2012 (s 2 (2))\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.8\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.8 commenced 14 October 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.5\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.5 commenced 27 April 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.2\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.2 commenced 29 June 2016 (s 2)\nRed Tape Reduction Legislation Amendment Act 2017 A2017-17 pt 3\nnotified LR 14 June 2017\ns 1, s 2 commenced 14 June 2017 (LA s 75 (1))\npt 3 commenced 1 July 2017 (s 2 (1))\nJustice and Community Safety Legislation Amendment\nAct 2017 (No 3) A2017-38 pt 2\nnotified LR 9 November 2017\ns 1, s 2 commenced 9 November 2017 (LA s 75 (1))\npt 2 commenced 16 November 2017 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 2\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\npt 2 commenced 1 July 2019 (s 2 (3))\n\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.3\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.3 commenced 22 November 2018 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.1\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.1 commenced 14 May 2020 (s 2 (1))\nLand Titles (Electronic Conveyancing) Legislation Amendment Act\n","sortOrder":144},{"sectionNumber":"2020","sectionType":"section","heading":"A2020-16 sch 1 pt 1.2","content":"2020 A2020-16 sch 1 pt 1.2\nnotified LR 13 May 2020\ns 1, s 2 commenced 13 May 2020 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 June 2020 (s 2 and see Electronic\nConveyancing National Law (ACT) Act 2020 A2020-15 s 2)\nCOVID-19 Emergency Response Legislation Amendment Act 2021\nA2021-1 sch 1 pt 1.1\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\nsch 1 pt 1.1 commenced 20 February 2021 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 5\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 5 commenced 26 February 2021 (s 2 (1))\nOperational Efficiencies (COVID-19) Legislation Amendment Act 2021\nA2021-24 pt 2\nnotified LR 13 October 2021\ns 1, s 2 taken to have commenced 8 October 2021 (LA s 75 (2))\npt 2 taken to have commenced 8 October 2021 (s 2 (2) (b))\nJustice and Community Safety Legislation Amendment Act 2023\n(No 2) A2023-42 pt 2\nnotified LR 8 November 2023\ns 1, s 2 commenced 8 November 2023 (LA s 75 (1))\npt 2 commenced 9 November 2023 (s 2)\n\nJustice and Community Safety Legislation Amendment\nAct 2023 (No 3) A2023-57 pt 4\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 4 commenced 12 December 2023 (s 2 (1))\nBetter Regulation Legislation Amendment Act 2025 A2025-13 pt 4\nnotified LR 26 May 2025\ns 1, s 2 commenced 26 May 2025 (LA s 75 (1))\npt 4 commenced 9 June 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.12\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.12 commenced 6 December 2025 (s 2 (5))\n\nName of Act\ns 1 sub A2007-3 amdt 3.34\ns 2 om A2001-44 amdt 1.246\nins A2007-3 amdt 3.36\nam A2018-42 amdt 3.13\nNotes\ns 3 defs reloc to dict A2007-3 amdt 3.35\nsub A2007-3 amdt 3.36\ndef determined fee am A1999-66 sch\nom A2001-44 amdt 1.249\ndef legal practitioner om A1997-88 sch\ndef Registrar om A1993-64 sch 1\ndef Registrar of Titles om A1993-64 sch 1\nOffences against Act—application of Criminal Code etc\ns 3A ins A2017-38 s 5\nam A2018-33 s 5; A2023-57 s 11\nPecuniary gain—interpretation\ns 4 hdg sub A2018-33 s 6\ns 4 am A2018-33 s 7, s 8; pars renum R30 LA\nRegistrar and Deputy Registrars\ns 5 om A1993-64\nActing appointments\ns 6 om A1993-64\nRegistrar a corporation sole\ns 7 om A1993-64\nProtection and liability of Registrar and other officers\ns 8 om A1993-64\nRegisters\ns 9 am A1993-64\nsub A2011-3 amdt 3.6\nCopies of certificates of incorporation\ns 10 am A1993-64\nom A2017-17 s 8\nCopies of documents\ns 11 hdg sub A2018-33 s 9\ns 11 am A1993-64; A2001-44 amdt 1.250, amdt 1.251; A2009-27\ns 4; A2017-17 s 9; pars renum R27 LA; A2018-33 s 10;\n\nDisposal of documents\ns 12 am A1993-64\nDefective documents\ns 13 am A1993-64; A2001-44 amdt 1.252, amdt 1.253; A2025-29\namdt 4.12\nContact details may be kept confidential\ns 13A ins A2009-27 s 5\nsub A2018-33 s 11\nEligibility for incorporation\ns 14 am A2011-28 amdt 3.9; A2018-33 s 12\nIneligible associations—incorporation\ns 15 am A2001-44 amdt 1.254, amdt 1.255; A2007-16 amdt 3.14;\nA2018-33 s 12; A2025-29 amdt 4.12\nPowers of authorised person\ns 17 am A1993-64\nApplications for incorporation\ns 18 am A2001-44 amdts 1.256-1.258; A2009-27 s 6;\nA2018-33 s 13; A2025-29 amdt 4.12\nCertificate of incorporation\ns 19 am A1993-64\nCorporate identity\ns 22 am A2018-33 s 14\nRestriction of actions\ns 25 am A1993-64\nAmalgamation of incorporated associations\ns 26 am A1993-64; A2001-44 amdts 1.259-1.261; A2009-27 s 6;\nA2018-33 s 15; A2025-29 amdt 4.12\nIncorporation of amalgamating associations\ns 27 am A1993-64\nEffect of incorporation—amalgamated associations\ns 28 am A1993-64; A1993-90; A1995-54; A2020-16 amdt 1.2\nObjects\ns 29 am A1993-64\nAlteration of objects\ns 30 am A1993-64; A1998-54; A2001-44 amdt 1.262, amdt 1.263;\nRules other than model rules\ns 32 am A1993-1\n\nAlteration of rules\ns 33 am A1993-64; A1998-54; A2001-44 amdt 1.264, amdt 1.265;\nCopies of documents for members\ns 35 am A2001-44 amdt 1.266; A2018-33 s 16\nCommittee may refuse access to documents\ns 35A ins A2018-33 s 17\nReservation of names\ns 37 am A1993-64; A2001-44 amdts 1.267-1.271; A2012-2\namdt 2.1; pars renum R23 LA; A2025-29 amdt 4.12\nChange of name\ns 38 am A1993-64; A2001-44 amdt 1.272, amdt 1.273; A2025-29\namdt 4.12\nCompulsory change of name\ns 39 am A1993-64\nName on association’s documents etc\ns 41 am A1998-54; A2018-33 s 18\nReferences to purported entry into contracts etc—div 3.6\ns 42 sub A2007-3 amdt 3.37\nRatification of pre-incorporation contracts\ns 43 am A2018-33 s 19\nRelationship between association and members\ns 48 am A2018-33 s 20\nAuthentication and execution of documents\ns 55 am A2011-3 amdt 3.7; A2018-33 ss 21-24; ss renum R30 LA\nValidity of documents executed under common seal\ns 56 am A2018-33 s 25\nAppointment of public officer and committee\ndiv 4.1 hdg ins A2018-33 s 26\nNotice of public officer’s appointment or change of address\ns 59 am A1993-64; A1998-54 A2001-44 amdts 1.274-1.276;\nA2009-27 s 7; A2011-3 amdt 3.8; A2018-33 s 27, s 28;\nNotice of changes in committee\ns 62 am A1993-64; A1998-54 A2001-44 amdt 1.277, amdt 1.278;\nA2009-27 s 8; A2011-3 amdt 3.9; A2017-17 s 10;\nA2018-33 s 29; A2025-29 amdt 4.12\n\nDisqualification from office––convictions or bankruptcy\ns 63 hdg sub A2011-27 amdt 1.1\ns 63 am A1993-64; A1998-54; A2010-30 amdt 1.13; A2011-3\namdt 3.10\nDisqualification from office––noncompliance with Act\ns 63A ins A2011-27 amdt 1.2\nDisqualification from office––disqualified under other legislation\ns 63B ins A2017-38 s 6\nVacancy in office of public officer\ns 64 am A1998-54; A2010-30 amdt 1.14; A2011-3 amdt 3.11;\nA2011-27 amdt 1.3; pars renum R19 LA; A2017-38 s 7; pars\nrenum R28 LA; A2018-33 s 30\nResignation of committee member\ns 64A ins A2018-33 s 31\nDisclosure of material personal interest\ns 65 am A1998-54; A2011-3 amdt 3.12\nsub A2018-33 s 31\nMatter on which committee member has material personal interest\ns 65A ins A2018-33 s 31\nDispute resolution procedure\ns 65B ins A2018-33 s 31\nDisciplinary action\ns 65C ins A2018-33 s 31\nInformation from officers\ns 66 am A1993-64; A2009-27 s 9; A2009-49 amdt 3.8;\nA2018-33 s 32\nDuties of officers\ndiv 4.2 hdg ins A2018-33 s 33\nDuty of care and diligence\ns 66A ins A2018-33 s 33\nDuty of good faith and proper purpose\ns 66B ins A2018-33 s 33\nUse of position\ns 66C ins A2018-33 s 33\nUse of information\ns 66D ins A2018-33 s 33\nRegister of members\ndiv 4.3 hdg ins A2018-33 s 34\n\nRegister of members\ns 67 am A2017-17 s 11\nsub A2018-33 s 35\nInspection of register of members\ns 67A ins A2018-33 s 35\nRestriction of access to personal information\ns 67B ins A2018-33 s 35\nGeneral meetings\ndiv 4.4 hdg ins A2018-33 s 36\nSpecial resolutions\ns 70 am A1994-21; A2023-42 s 4, s 5\nGeneral meetings—procedure during COVID-19 emergency\ns 70AA ins A2020-14 amdt 1.1\nam A2021-1 amdt 1.1\nexp 8 October 2021 (s 70AA (7))\nam A2021-24 s 4\nexp 29 September 2023 (s 70AA (7))\nRecord keeping and reporting\npt 5 hdg sub A2018-33 s 37\nApplication––pt 5\ns 70A ins A2017-17 s 12\nDefinitions—pt 5\ns 70B ins A2018-33 s 38\ndef auditor ins A2018-33 s 38\ndef large association ins A2018-33 s 38\ndef medium association ins A2018-33 s 38\ndef required statement ins A2018-33 s 38\ndef reviewer ins A2018-33 s 38\nam A2021-3 s 8\ndef small association ins A2018-33 s 38\nExemption from revenue thresholds\ns 70C ins A2018-33 s 38\nAccounting records\ns 71 am A1998-54; A2018-33 s 39\nAnnual statement of accounts\ns 72 am A1998-54\nPresentation of statement to members\ns 73 am A1998-54; A2018-33 ss 40-42\n\nReview or audit of accounts\ns 74 am A1998-54; A2004-42 amdt 3.2; A2011-27 amdt 1.4\nsub A2018-33 s 43\nReview reports\ns 75 am A2011-3 amdt 3.13\nsub A2018-33 s 43\nAudit reports\ns 76 hdg sub A2018-33 s 44\ns 76 am A1993-64; A1998-54; A2018-33 ss 45-50\nReviewer’s and auditor’s liability\ns 77 hdg sub A2018-33 s 51\ns 77 sub A2011-3 amdt 3.14\nam A2018-33 s 52, s 53\nObstruction of auditor\ns 78 am A1998-54; A2011-3 amdt 3.15\nRegistrar-general’s power to require statements and reports\ns 79 am A1993-64; A1998-54; A2001-44 amdt 1.279;\nA2018-33 ss 54-56\nsub A2023-57 s 12\nLodgment of particulars instead of documents\ns 80 am A1993-64\nom A2023-57 s 12\nDefinitions for pt 6\ns 81 def company limited by guarantee am A2018-42 amdt 3.14\ndef corporation law ins A2016-37 amdt 1.2\ndef constitution ins A2018-42 amdt 3.15\ndef memorandum om A2018-42 amdt 3.16\nVoluntary transfer of incorporation\ns 82 am A1993-64; A2001-44 amdts 1.280-1.282\nsub A2016-37 amdt 1.3\nCancellation where continued incorporation inappropriate\ns 83 am A1993-64; A2001-44 amdts 1.283-1.285; R5 LA\n(see A2001-44 amdt 1.286); A2007-16 amdt 3.15; A2011-28\namdt 3.10; A2015-33 amdt 1.20, amdt 1.21; A2016-37\namdt 1.4; A2025-29 amdt 4.12\nMembership of proposed company\ns 84 am A2018-42 amdt 3.17\nCancellation of incorporation following voluntary transfer\ns 85 am A1993-64; A2016-37 amdt 1.4\n\nEffect of cancellation of incorporation\ns 86 am A2016-37 amdt 1.5, amdt 1.6\nTransfer of land to company\ns 87 am A1993-64; A1993-90; A1995-54; A2020-16 amdt 1.3\nApplication for winding up by the court\ns 89 am A1993-64\nWinding-up by the court\ns 90 am A2018-33 s 57\nProperty of defunct association\ns 92 am A1993-64; A1993-90; A1995-54; A1998-54; A2009-20\namdt 3.17; A2018-33 s 58; A2020-16 amdt 1.4\nCancellation of incorporation\ns 93 am A1993-64; A2001-44 amdts 1.287-1.289; R5 LA (see\nA2001-44 amdt 1.290); A2009-19 s 4; pars renum R15 LA;\nA2011-3 amdt 3.16; A2011-16 amdt 1.2; A2015-33\namdt 1.22; A2018-33 ss 59-61; A2023-57 ss 13-15;\nProperty of former incorporated association\ns 94 am A1993-64; A1993-90; A1995-54; A2020-16 amdt 1.5\nProperty vested in registrar-general\ns 95 am A1993-64; A2011-3 amdt 3.17\nLiability in relation to property vested in registrar-general\ns 96 am A1993-64\nRegistrar-general’s power to act for defunct association\ns 97 am A1993-64; A2011-3 amdt 3.17\nRecords of property vested in registrar-general\ns 98 am A1993-64\nMeaning of books in pt 8\ns 99 am A2011-28 amdt 3.11\nSecrecy\ns 100 am A1993-64; A1998-54\nInvestigations by registrar-general\ns 101 am A1993-64; A2011-3 amdt 3.18\nScope of registrar-general’s powers\ns 102 am A1993-64\nProduction of association’s books\ns 103 am A1993-64; A2011-3 amdts 3.19-3.22\n\nInspection of books held by lawyer\ns 104 am A1993-64\nProceedings for offences\ns 106 am A1993-64\nOffences related to inspection of books\ns 107 am A1993-64; A1998-54; A2011-3 amdt 3.23, amdt 3.24\nOffences by officers of associations etc\ns 108 am A1993-64; A1998-54\nOffence—pecuniary gain\ns 109 hdg sub A2018-33 s 62\ns 109 am A1998-54; A2018-33 s 63\nImproper use of officer’s position\ns 111 am A1998-54\nom A2004-15 amdt 2.17\nOffences by unincorporated bodies\ns 112 am A1998-54\nFalse or misleading statements\ns 113 am A1993-64; A1998-54\nom A2004-15 amdt 2.17\nInvestment with associations\ns 114 am A1993-64; A1998-54\nCertificates as evidence\ns 115 am A1993-64; A2011-48 amdt 1.4, amdt 1.5; ss renum R22\nLA; A2017-17 s 13; pars renum R27 LA\nCopies or extracts of books as evidence\ns 116 am A2016-18 amdt 3.16\nConstructive notice of documents etc\ns 117 am A1993-64\nNotification and review of decisions\npt 10 hdg sub A2008-37 amdt 1.34\nMeaning of reviewable decision—pt 10\ns 118 am A1993-64; A1994-60\nsub A2008-37 amdt 1.34\nReviewable decision notices\ns 119 am A1993-64; A1994-60\nsub A2008-37 amdt 1.34\n\nApplications for review\ns 119A ins A2008-37 amdt 1.34\nMiscellaneous\npt 11 hdg ins A2008-37 amdt 1.34\nInformation sharing on ACNC registered entities\ns 119B ins A2017-17 s 14\nExtensions of time for applications etc\ns 120 am A1993-64; A2001-44 amdt 1.291, amdt 1.292;\nA2020-14 amdt 1.2; A2021-1 amdt 1.2\n(3)-(6) exp 8 October 2021 (s 120 (6))\nam A2021-24 s 5\n(3)-(6) exp 29 September 2023 (s 120 (6))\nRegistered office of incorporated association\ns 121 am A1993-64; A2007-16 amdt 3.16; A2011-28 amdt 3.12;\nA2017-17 s 15\nService of documents\ns 122 am A1993-64; A1998-54; A2017-17 s 16\nTranslation of instruments\ns 123 am A1998-54\nDetermination of fees\ns 125 am A1993-64\nsub A2001-44 amdt 1.293\nApproved forms\ns 126 sub A2001-44 amdt 1.293\nam A2007-3 amdt 3.38; A2025-29 amdt 4.12\nRegulation-making power\ns 127 am A1993-64; A1998-54\nsub A2001-44 amdt 1.293\nam A2007-16 amdt 3.17, amdt 3.18; A2025-29 amdt 4.12\nRepeal\ns 128 om A2001-44 amdt 1.293\nTransitional and savings provisions\npt 11 hdg exp 2 June 2005 (s 141 (2))\nGeneral savings\ns 129 exp 2 June 2005 (s 141 (2))\nLegal proceedings\ns 130 exp 2 June 2005 (s 141 (2))\n\nAssociations incorporated under repealed Act\ns 131 exp 2 June 2005 (s 141 (2))\nRegisters kept under repealed Act\ns 132 exp 2 June 2005 (s 141 (2))\nWinding-up\ns 133 exp 2 June 2005 (s 141 (2))\nApplications for incorporation\ns 134 exp 2 June 2005 (s 141 (2))\nDocuments to be lodged\ns 135 exp 2 June 2005 (s 141 (2))\nStatement of objects\ns 136 am A1993-64\nChange of name\ns 137 am A1993-64\nTransition—public officer\ns 138 exp 2 June 2005 (s 141 (2))\nTransition—committee\ns 139 am A1998-54\nTransition—additional return\ns 140 am A1993-64; A1998-54\nExpiry of pt 11 etc\ns 141 am A1998-54\nom R4 LRA\nins A2005-20 amdt 3.13\nTransition—annual general meeting\ns 142 om R4 LRA\nTransition—register of members\ns 143 am A1993-64\nom R4 LRA\nValidation\npt 12 hdg ins A2023-42 s 6\n\nValidation of certain general meetings\ns 144 ins A2023-42 s 6\nExpiry—pt 12\ns 145 ins A2023-42 s 6\nMatters to be provided for in rules other than model rules\nsch 1 am A2018-33 ss 64-67; items and pars renum R30 LA;\nA2025-13 s 9\nModification of Corporations Act, part 5.7 in its application to incorporated\nsch 2 am A1993-64\nReviewable decisions\nsch 3 ins A2008-37 amdt 1.35\nam A2018-33 s 68; items renum R30 LA\ndict ins A2007-3 amdt 3.39\nam A2008-37 amdt 1.36; A2009-49 amdt 3.9; A2010-30\namdt 1.15; A2011-28 amdt 3.13; A2016-37 amdt 1.7;\nA2018-33 s 69; A2020-16 amdt 1.6\ndef accounting records reloc from s 3 A2007-3 amdt 3.35\ndef ACNC registered entity ins A2017-17 s 17\ndef annual general meeting reloc from s 3 A2007-3\ndef annual return reloc from s 3 A2007-3 amdt 3.35\nom A2023-57 s 16\ndef approved form sub A2001-44 amdt 1.247\ndef auditor ins A2018-33 s 70\ndef authorised person reloc from s 3 A2007-3 amdt 3.35\ndef banker’s books reloc from s 3 A2007-3 amdt 3.35\nom A2011-28 amdt 3.14\ndef banking corporation am A1997-88 sch\nsub A1999-66 sch\ndef books reloc from s 3 A2007-3 amdt 3.35\nalso ins A2007-3 amdt 3.39\nboth sub A2011-28 amdt 3.15\ndef certificate of incorporation reloc from s 3 A2007-3\ndef commencement date sub A2001-44 amdt 1.248\nom A2011-28 amdt 3.16\ndef committee reloc from s 3 A2007-3 amdt 3.35\n\ndef company limited by guarantee ins A2007-3 amdt 3.39\ndef constitution ins A2018-42 amdt 3.18\ndef corporation law ins A2016-37 amdt 1.8\ndef court reloc from s 3 A2007-3 amdt 3.35\ndef financial year reloc from s 3 A2007-3 amdt 3.35\ndef inaugural member of a committee reloc from s 3\nA2007-3 amdt 3.35\ndef inaugural public officer reloc from s 3 A2007-3\ndef incorporated reloc from s 3 A2007-3 amdt 3.35\ndef incorporation ins A2007-3 amdt 3.39\ndef large association ins A2018-33 s 70\ndef medium association ins A2018-33 s 70\ndef member reloc from s 3 A2007-3 amdt 3.35\ndef memorandum ins A2007-3 amdt 3.39\nom A2018-42 amdt 3.19\ndef model rules reloc from s 3 A2007-3 amdt 3.35\ndef objects reloc from s 3 A2007-3 amdt 3.35\ndef officer reloc from s 3 A2007-3 amdt 3.35\ndef pecuniary gain ins A2007-3 amdt 3.39\ndef public officer reloc from s 3 A2007-3 amdt 3.35\ndef purport ins A2007-3 amdt 3.39\ndef register of members ins A2018-33 s 70\ndef repealed Act reloc from s 3 A2007-3 amdt 3.35\nam A2011-28 amdt 3.17\ndef reproduction reloc from s 3 A2007-3 amdt 3.35\ndef required statement ins A2018-33 s 70\ndef reviewable decision ins A2008-37 amdt 1.37\ndef reviewer ins A2018-33 s 70\ndef rules reloc from s 3 A2007-3 amdt 3.35\ndef small association ins A2018-33 s 70\ndef special resolution reloc from s 3 A2007-3 amdt 3.35\ndef trade ins A2007-3 amdt 3.39\nom A2018-33 s 71\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR0A\n1 Jan 1992–\n28 Feb 1993\nnot amended republication for\nnew Act\nR0B\n1 Mar 1993–\n30 Sept 1993\nA1993-1 amendments by\nA1993-1\nR0C\n1 Oct 1993–\n31 Dec 1993\nA1993-64 amendments by\nA1993-64\n31 Jan 1994\n1 Jan 1994–\nA1993-90 amendments by\nA1993-90\nR1 (RI)\n1 Jan 1994–\nA1993-90 reissue of printed\nR1A\n20 May 1994–\n13 Nov 1994\nA1994-21 amendments by\nA1994-21\n14 Nov 1994\n14 Nov 1994–\nA1994-60 amendments by\nA1994-60\nR2 (RI)\n14 Nov 1994–\nA1994-60 reissue of printed\nR2A\n20 June 1996–\n30 Dec 1997\nA1995-54 amendments by\nA1995-54\n30 Apr 1998\n30 Apr 1998–\nA1997-96 amendments by\nA1997-88\nR3 (RI)\n30 Apr 1998–\nA1997-96 reissue of printed\nR3A\n1 June 1998–\n8 Dec 1998\nA1997-96 amendments by\nA1997-96\n\nEarlier republications 5\nfor\n31 Jan 1999\n31 Jan 1999–\n9 Nov 1999\nA1998-54 amendments by\nA1998-54\nR4 (RI)\n31 Jan 1999–\n9 Nov 1999\nA1998-54 reissue of printed\nR4A\n10 Nov 1999–\n11 Sept 2001\nA1999-66 amendments by\nA1999-66\n23 Nov 2001\n12 Sept 2001–\n8 Apr 2004\nA2001-44 amendments by\nA2001-44\n9 Apr 2004\n9 Apr 2004–\n24 Aug 2004\nA2004-15 amendments by\nA2004-15\n25 Aug 2004\n25 Aug 2004–\nA2004-42 amendments by\nA2004-42\n2 June 2005–\nA2005-20 amendments by\nA2005-20\n3 June 2005–\n11 Apr 2007\nA2005-20 commenced expiry\nR10 (RI)\n12 Apr 2007–\nA2007-3 amendments by\nA2007-3\nR11 (RI)\n11 July 2007–\n1 Feb 2009\nA2007-16 amendments by\nA2007-16\nR12 (RI)\n2 Feb 2009–\n9 Sept 2009\nA2008-37 amendments by\nA2008-37\nR13 (RI)\n10 Sept 2009–\n21 Sept 2009\nA2009-27\n\nfor\nR14 (RI)\n22 Sept 2009–\n28 Sept 2009\nA2009-20\nR15 (RI)\n29 Sept 2009–\n16 Dec 2009\nA2009-19\nR16 (RI)\n17 Dec 2009–\n27 Sept 2010\nA2009-49 amendments by\nA2009-49\nR17 (RI)\n28 Sept 2010–\n28 Feb 2011\nA2010-30 amendments by\nA2010-30\nR18 (RI)\n1 Mar 2011–\n12 Sept 2011\nA2011-3 amendments by\nA2011-3\nR19 (RI)\n13 Sept 2011–\n20 Sept 2011\nA2011-27 amendments by\nA2011-27\nR20 (RI)\n21 Sept 2011–\n16 Nov 2011\nA2011-28 amendments by\nA2011-28\nR21 (RI)\n17 Nov 2011–\n29 Feb 2012\nA2011-28 amendments by\nA2011-16\nR22 (RI)\n1 Mar 2012–\nA2011-48 amendments by\nA2011-48\n\nEarlier republications 5\nfor\nR23 (RI)\n28 May 2012–\n13 Oct 2015\nA2012-2 amendments by\nA2012-2\nR24 (RI)\n14 Oct 2015–\nA2015-33 amendments by\nA2015-33\nR25 (RI)\n27 Apr 2016–\n28 Jun 2016\nA2016-18 amendments by\nA2016-18\nR26 (RI)\n29 June 2016–\nA2016-37 amendments by\nA2016-37\nR27 (RI)\n1 July 2017–\n15 Nov 2017\nA2017-17 amendments by\nA2017-17\nR28 (RI)\n16 Nov 2017–\n21 Nov 2018\nA2017-38 amendments by\nA2017-38\nR29 (RI)\n22 Nov 2018–\nA2018-42 amendments by\nA2018-42\nR30 (RI)\n1 July 2019–\nA2018-42 amendments by\nA2018-33\nR31 (RI)\n14 May 2020–\nA2020-14 amendments by\nA2020-14\n\nfor\nR32 (RI)\n1 June 2020–\n19 Feb 2021\nA2020-16 amendments by\nA2020-16\n20 Feb 2021\n20 Feb 2021–\n25 Feb 2021\nA2021-1 amendments by\nA2021-1\n26 Feb 2021\n26 Feb 2021–\n7 Oct 2021\nA2021-3 amendments by\nA2021-3\nR35 (RI)\n8 Oct 2021\n8 Oct 2021–\n29 Sept 2023\nA2021-3 expiry of provisions\n(s 70AA,\ns 120 (3)-(6))\nreissued for\nretrospective\namendments made\nby A2021-24\n30 Sept 2023\n30 Sept 2023–\n8 Nov 2023\nA2021-24 expiry of provisions\n(s 70AA and\ns 120 (3)-(6))\n9 Nov 2023\n9 Nov 2023–\n9 Nov 2023\nA2023-42 amendments by\nA2023-42\n10 Nov 2023\n10 Nov 2023–\n11 Dec 2023\nA2023-42 expiry of validation\nprovisions (pt 12)\n12 Dec 2023\n12 Dec 2023–\nA2023-57 amendments by\nA2023-57\n9 June 2025–\n5 Dec 2025\nA2025-13 amendments by\nA2025-13\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":145}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":729},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded considerably from its original 1991 framework. Major scope expansions include: 2018 amendments adding comprehensive officer duties (ss 66A–66D), dispute resolution mandates (s 65B), and enhanced member register protections (ss 67A–67B); 2017–2018 integration with the ACNC (Australian Charities and Not-for-profits Commission) creating parallel compliance pathways; and repeated amendments to financial reporting thresholds and review/audit requirements. The 2023 validation provisions (since expired) and COVID-19 emergency meeting provisions also temporarily extended scope. The Act now functions as a hybrid state-Commonwealth regulatory interface rather than purely territorial incorporation law."},"complexity_factors":["127 sections across 11 Parts plus 3 Schedules and a detailed Dictionary","Extensive cross-referencing with the Corporations Act (especially Part 5.7 on winding-up, modified by Schedule 2)","Multiple defined terms with context-specific meanings (e.g., 'officer' excludes honorary positions in some contexts)","Nested conditional logic for financial reporting thresholds with exemption provisions (s 70C)","Amalgamation provisions with complex property transfer mechanics (Division 3.3)","Pre-incorporation contract rules with layered liability scenarios (Division 3.6)","Disqualification provisions spanning criminal convictions, bankruptcy, and other legislation (ss 63–63B)","Significant amendment history with transitional provisions and ACNC integration points"],"plain_english_summary":"This Act sets up a system for **incorporating community groups and not-for-profit associations** in the Australian Capital Territory, giving them legal status separate from their members.\n\n**What it does:**\n- Allows groups of **5 or more people** to form an **incorporated association** — a legal entity that can own property, enter contracts, and sue or be sued in its own name\n- Requires associations to have **written rules** (either \"model rules\" or custom rules) and a **statement of objects** explaining their purpose\n- Establishes a **management structure** with a committee of at least 3 members and a **public officer** who acts as the official contact person\n- Sets **financial reporting requirements** based on size — small associations (under $400k revenue) need reviews, medium ($400k–$1m) need reviews or audits, and large ($1m+) need full audits\n- Provides for **winding up** (closing down) associations, with surplus assets going to similar not-for-profit causes or, if none nominated, to the registrar-general\n- Allows the **registrar-general to investigate** associations suspected of misconduct and to cancel incorporation for non-compliance\n\n**Who it affects:**\n- Community groups, sporting clubs, cultural organisations, and other not-for-profits wanting legal protection for members\n- **Not** for-profit-making businesses — associations generally cannot distribute profits to members (though the Minister can grant exceptions)\n\n**Key protections:**\n- Members are **not personally liable** for the association's debts\n- Officers have **duties of care, good faith, and proper purpose** similar to company directors\n- **Dispute resolution procedures** must be built into association rules\n\nThe Act also allows associations to **transfer to company status** under Commonwealth corporations law if they outgrow this framework, and it integrates with the Australian Charities and Not-for-profits Commission (ACNC) system for registered charities."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has evolved since 1991 through multiple amendments that add and reshape governance, reporting and enforcement provisions.  Notable scope changes in the amendment history include the introduction of explicit officer duties (duty of care/diligence, good faith, use of position, use of information) (ss 66A–66D; inserted A2018-33), a dedicated record-keeping and reporting regime with revenue thresholds and reviewer/auditor rules (pt 5; ins A2018-33), information-sharing arrangements with the ACNC (s 119B; ins A2017-17), and express application of Criminal Code principles to certain offences (s 3A; ins A2017-38; am A2018-33).  These additions broadened regulatory oversight and compliance obligations compared with the original incorporation-focused framework, and they introduced new administrative and enforcement mechanisms (see amendment history in endnotes)."},"complexity_factors":["Length and breadth of the Act: many Parts covering incorporation, governance, reporting, transfer, winding-up, investigations and offences (multiple cross-cutting regimes).","Multiple decision-making actors and review paths: registrar-general, Minister, courts, ACAT (ss 9, 15, 118–119A, 124).","Detailed financial compliance framework with revenue thresholds and different review/audit requirements (ss 70A–70C, 71–76).","Substantial administrative discretion (refusal of documents, name reservation, cancellation, approval of external investment) concentrated in the registrar-general and Minister (ss 13, 37, 83, 114, 15).","Interplay with Commonwealth Corporations Act and other laws (transfer to corporation law, schedule 2, and references to Corporations Act terms in part 6).","Criminal and civil exposure for officers and members with varied penalty units and imprisonment terms (ss 63, 78, 107, 109).","Exemptions and carve-outs (e.g. ACNC-registered entities excluded from part 5) which require cross-checking different parts (s 70A, ss 59–62).","Technical vesting, property and land-title consequences on amalgamation, transfer and cancellation (ss 23, 28, 86–87, 94–96).","Ongoing amendment history and inserted provisions (e.g. duties of officers added later) requiring attention to amendment notes for correct application."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis Act sets out how voluntary associations in the Australian Capital Territory can become incorporated, how incorporated associations must be run, and how the Territory regulates them.  It creates a legal form (an \"incorporated association\") with rights, duties and limits, and gives administrative and enforcement powers to the registrar-general, the courts and, in limited cases, the Minister.\n\nKey mechanical effects\n\n- It creates the incorporation process: an eligible group (5+ members, lawful object, not carried on for members' pecuniary gain) applies to the registrar-general and, if satisfied, the registrar-general issues a certificate of incorporation (ss 14, 18–20, 19).  Model rules or custom rules may be adopted and changed by special resolution (ss 16, 31–33).\n- An incorporated association becomes a separate legal person able to hold property, sue and be sued (ss 22–24).  Property held for a group before incorporation vests in the incorporated association on incorporation (s 23).\n- The Act prescribes governance arrangements: a public officer (resident in ACT) and a committee of at least 3 members manage the association; appointments, notices and vacancies must be reported to the registrar-general (ss 57–64, 59, 62, 64(3)).\n- Duties and standards for officers are set out (duty of care and diligence, duty of good faith and proper purpose, restrictions on using position or information) and disclosure/conflict rules apply at committee meetings (ss 66A–66D, 65–65B).\n- Record-keeping, financial reporting and external review/audit requirements depend on revenue bands (small/medium/large) and exclude ACNC-registered entities from part 5 (ss 70A, 70B, 71–79).  Audits/reviews must be obtained and accounts presented to members (ss 72–76, 73).\n- The registrar-general keeps registers, can refuse defective documents, may keep contact details confidential on request, and may require lodgment or production of documents (ss 9, 11–13A, 103, 79).\n- The registrar-general has investigation powers where fraud/dishonesty or management problems are suspected (ss 101–104) and can require books to be produced; failure or misleading statements can attract penalties (ss 107, 103, 104).\n- The registrar-general may cancel incorporation in particular circumstances (e.g. not operating, fewer than 5 members, noncompliance) and property of cancelled associations can vest in the registrar-general pending disposal (ss 83, 93, 94–96).\n- The Act regulates winding-up, amalgamation, and voluntary transfer to Commonwealth corporation law (ss 26–28, 82–87, part 7 and schedule 2).\n- Offences and civil remedies are provided (e.g. prohibition on associations securing pecuniary gain for members (s 109), penalties for noncompliance, and liability of officers where prescribed) and review of certain registrar-general decisions is available to ACAT (ss 109–110, 118–119A, schedule 3).\n- The Executive may make regulations; the Minister may determine fees and in some cases declare exceptions (ss 125–127, s 15).\n\nWho is affected\n\n- Associations that want legal personality in the ACT (applicants, members and committee members) are the primary subjects (ss 14, 18–21).\n- Committee members and public officers are specifically regulated: eligibility rules, duties, disclosure obligations, reporting obligations, and potential criminal penalties apply to officers (ss 57–66D, 63, 65, 66A–66D).\n- Members bear compliance duties indirectly: providing documents, participating in resolutions, and potential exposure if the committee breaches prohibitions (ss 35, 48, 108–110).\n- The registrar-general, the courts (Magistrates Court and Supreme Court) and ACAT exercise regulatory, investigative and adjudicative authority under the Act (ss 9, 101, 124, 118–119A).\n\nWhy it matters (mechanisms, incentives and trade-offs)\n\n- Legal recognition and limited liability: incorporation gives a stable legal identity that can hold property and enter contracts (ss 22–24).  That creates an incentive for groups to incorporate when they need property rights or formal contracting capacity.\n\n- Compliance costs for associations: record-keeping and reporting rules (s 71), audits/reviews depending on revenue bands (ss 70B, 74–76), and lodging altered objects/rules (ss 30, 33) impose administrative and financial costs.  These costs fall on the association and ultimately on members (s 125 — fees; ss 74–76 — reviewer/auditor fees).\n\n- Limits on profit-making and external investment: the Act excludes associations carried on to secure pecuniary gain for members (s 14(2), s 4) and expressly prohibits securing pecuniary gain for members (s 109).  Invitations to external investors are restricted and require registrar-general approval (s 114).  These provisions change incentives by limiting commercial uses of the incorporated form and constraining sources of capital.\n\n- Enforcement and discretion concentrate decision power with administration and courts: the registrar-general has broad administrative powers (registers, refusing defective documents s 13, requiring lodgment s 79, investigations s 101–104, cancellation s 83, 93).  The Minister can make incorporation exceptions (s 15) and impose conditions (s 15(2)).  That discretion allows administrative flexibility but creates implementation risk for associations that depend on registrar-general decisions.\n\n- Liability and deterrence mechanisms: officers can be disqualified for convictions or noncompliance (ss 63, 63A, 63B), and penalties (expressed as penalty units) apply for failures (e.g. failing to lodge notices s 59; contraventions s 108–109).  These rules assign financial and potential criminal consequences to officers, incentivising active compliance and oversight by committees.\n\n- Transfer and scaling path to corporate form: an incorporated association can transfer to Commonwealth corporation law (company limited by guarantee) via registrar-general permission and related procedures (ss 82–86).  That offers a formal pathway for associations whose scale or dealings make incorporation under this Act inappropriate (s 83), but it changes the legal and regulatory regime the entity operates under.\n\n- Differential treatment for ACNC-registered entities and small associations: the Act exempts ACNC-registered entities from some requirements (e.g. part 5) (s 70A) and allows revenue-based thresholds and registrar-general exemptions (s 70C), introducing complexity but flexibility in application.\n\nConcrete who-pays and compliance points (section citations)\n\n- Associations pay filing and registry fees as determined by the Minister (s 125) and meet costs of audits/reviews when required (ss 74–76).\n- Officers and associations face fines or imprisonment for serious contraventions (ss 63, 78, 107, 109, 112).  Members of committees can be held liable for debts incurred as a result of specified offences (s 110).\n- The registrar-general may recover costs from realised property when disposing property vested in the registrar-general (s 95(4)) and may require documents or accounts to be lodged within statutory timeframes (s 79).\n\nImplementation and compliance risks\n\n- Administrative discretion (e.g. registration, reservations of names, conditions on exemptions) can create uncertainty about outcomes and timing for applicants (ss 19, 37, 70C, 15, 83).\n- Small volunteer-run associations may face material compliance burden from accounting, record-keeping and audit-review requirements (ss 71–76), although thresholds and exemption powers (ss 70B, 70C) provide tailoring.\n- Cancellation or vesting powers (ss 83, 93–96) impose a risk that property and control can be lost to the registrar-general where statutory triggers occur.\n\nWhere decisions can be reviewed\n\nCertain administrative decisions (for example, refusal to register/incorporate, cancellation, refusal of exemptions) are reviewable by ACAT (pt 10, schedule 3, ss 118–119A).  The Supreme Court can grant leave or hear related challenges (ss 63(3), 124).\n\nOverall, the Act establishes a formal, regulated corporate vehicle for associations in the ACT, balancing legal recognition and member protections against compliance obligations, administrative oversight and limits on commercial profit-making for members."}},"importantCases":[],"_links":{"self":"/api/acts/associations-incorporation-act-1991","history":"/api/acts/associations-incorporation-act-1991/history","analysis":"/api/acts/associations-incorporation-act-1991/analysis","conflicts":"/api/acts/associations-incorporation-act-1991/conflicts","importantCases":"/api/acts/associations-incorporation-act-1991/important-cases","documents":"/api/acts/associations-incorporation-act-1991/documents"}}