{"id":"tas:sr-1999-115","name":"Associations Incorporation Direction 1999","slug":"associations-incorporation-direction-1999","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"115 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318939,"registerId":"tas-tas:sr-1999-115-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This direction may be cited as the [Associations Incorporation Direction 1999](/view/html/inforce/2026-04-12/sr-9999-999) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This direction takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this direction,\n> \n> > ***Act*** means the [Associations Incorporation Act 1964](/view/html/inforce/2026-04-12/act-1964-064) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Certain names not acceptable","content":"### 4 Certain names not acceptable\n\n> > (1)  Except with the consent of the Minister, the Commissioner is not to grant to an association a certificate of incorporation under a name of the following kind:\n> > \n> > > > (a) a name that is likely to be confused with or mistaken for –\n> > > > \n> > > > > > (i) a business name registered under the [Business Names Act 1962](/view/html/inforce/2026-04-12/act-1962-044) ; or\n> > > > > \n> > > > > > (ii) the name of a cooperative society registered in Tasmania; or\n> > > > > \n> > > > > > (iii) the name of another incorporated association;\n> > > \n> > > > (b) [*\\[Clause 4 Subclause (1) amended by No. 42 of 2001, Sched. 2, Applied:15 Jul 2001\\]*](/view/html/inforce/2001-07-15/act-2001-042#JS2@Ja77@GC1@EN) a name that is identical to a name that is reserved or registered under the Corporations Act and that appears on an electronic national names register to which the Commissioner has access;\n> > > \n> > > > (c) a name that is misleading in relation to any matter relating to the business to be carried on under that name;\n> > > \n> > > > (d) a name that is likely to be offensive to members of the public or members of any section of the public;\n> > > \n> > > > (e) a name containing any of the following words or phrases, any abbreviation of the following words or phrases or any words, phrases or abbreviation of similar import:\n> > > > \n> > > > > > (i) America's Cup;\n> > > > > \n> > > > > > (ii) Bank;\n> > > > > \n> > > > > > (iii) Banker;\n> > > > > \n> > > > > > (iv) Banking;\n> > > > > \n> > > > > > (v) Building Society;\n> > > > > \n> > > > > > (vi) Casino;\n> > > > > \n> > > > > > (vii) Chamber of Commerce;\n> > > > > \n> > > > > > (viii) Chamber of Manufacturers;\n> > > > > \n> > > > > > (ix) Chartered;\n> > > > > \n> > > > > > (x) Cooperative;\n> > > > > \n> > > > > > (xi) Corporation;\n> > > > > \n> > > > > > (xii) Credit Union;\n> > > > > \n> > > > > > (xiii) Executor;\n> > > > > \n> > > > > > (xiv) Friendly Society;\n> > > > > \n> > > > > > (xv) Guarantee;\n> > > > > \n> > > > > > (xvi) Made in Australia;\n> > > > > \n> > > > > > (xvii) Oxfam;\n> > > > > \n> > > > > > (xviii) Savings;\n> > > > > \n> > > > > > (xix) Starr Bowkett;\n> > > > > \n> > > > > > (xx) Stock Exchange;\n> > > > > \n> > > > > > (xxi) Trust;\n> > > > > \n> > > > > > (xxii) Trustee;\n> > > \n> > > > (f) a name that, in the context in which it is proposed to be used, is capable of suggesting –\n> > > > \n> > > > > > (i) connection with a member of the royal family if the connection suggested does not exist; or\n> > > > > \n> > > > > > (ii) that royal patronage has been received if that is not the case;\n> > > \n> > > > (g) a name that, in the context in which it is proposed to be used, is capable of suggesting connection with the Crown or the Government of –\n> > > > \n> > > > > > (i) the Commonwealth of Australia; or\n> > > > > \n> > > > > > (ii) a State or Territory; or\n> > > > > \n> > > > > > (iii) any other part of the Queen's dominions, possessions or territories;\n> > > \n> > > > (h) a name that includes the word \"Commonwealth\" or \"Federal\";\n> > > \n> > > > (i) a name that, in the context in which it is proposed to be used, is capable of suggesting connection with the government of a foreign country;\n> > > \n> > > > (j) a name that, in the context in which it is proposed to be used, is capable of suggesting connection with a department, authority or instrumentality of the Government of the Commonwealth of Australia or of a State or Territory or with a municipal or other local authority of a State or Territory;\n> > > \n> > > > (k) a name that, in the context in which it is proposed to be used, is capable of suggesting –\n> > > > \n> > > > > > (i) connection with an ex-service personnel organisation if the connection suggested does not exist; or\n> > > > > \n> > > > > > (ii) that the members of an organisation are totally or partially incapacitated if that is not the case.\n> \n> > (2)  For the purpose of [subclause (1)(b)](#GS4@Gs1@Hpb@EN) , the Commissioner, in determining whether a name is identical to a name that is reserved or registered under the Corporations Law, is to disregard the following:\n> > \n> > > > (a) the use of the definite or indefinite article as the first word in either name;\n> > > \n> > > > (b) the use of \"Proprietary\", \"Pty\", \"Limited\", \"Ltd\", \"No Liability\", \"NL\", \"Incorporated\" or \"Inc\" in the name of a corporation;\n> > > \n> > > > (c) the use of the singular or plural in either name;\n> > > \n> > > > (d) the type, size and case of letters;\n> > > \n> > > > (e) the size of any number or other character;\n> > > \n> > > > (f) the use of any accent, space between letters, number, character or punctuation mark in either name;\n> > > \n> > > > (g) the use in either name of any of the following alternative words or expressions:\n> > > > \n> > > > > > (i) and; &;\n> > > > > \n> > > > > > (ii) Australia; Australian; Aust;\n> > > > > \n> > > > > > (iii) Company; Co; Coy;\n> > > > > \n> > > > > > (iv) Corporation; Corp;\n> > > > > \n> > > > > > (v) Number; No;\n> > > > > \n> > > > > > (vi) Tas; Tasmania; Tassie; Taz; Tazzie.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Revocation","content":"### 5 Revocation\n\n> The [Associations Incorporation Direction 1983](/view/html/inforce/2026-04-12/act-1983-165) is revoked.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 10 November 1999\n\nThis direction is administered in the Department of Justice and Industrial Relations.","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This direction appears to maintain its original narrow scope of regulating association names for incorporation purposes. It replaces the 1983 direction with updated provisions (notably adding the Corporations Act cross-reference in 2001) but does not expand beyond name approval criteria."},"complexity_factors":["Single defined term ('Act') in interpretation section","Straightforward prohibitory structure with 11 categories of restricted names (paragraphs 4(1)(a)-(k))","One nested substructure in section 4(2) listing 7 specific disregards for name comparison purposes","Extensive but simple enumeration of 22 restricted words/phrases in paragraph 4(1)(e)","No cross-references beyond the parent Act and one amendment note","Clear conditional logic: 'Except with the consent of the Minister' + specific prohibitions","Short document (5 sections, approximately 2 pages)"],"plain_english_summary":"This is a Tasmanian government direction that sets rules for what names community groups and not-for-profit organisations can use when they become incorporated (officially registered as a legal entity).\n\n**What it does:**\n- Tells the government official who registers associations (the Commissioner) which names they must reject when a group applies to become an incorporated association\n- Lists specific types of names that are banned or need special Ministerial approval\n\n**Who it affects:**\n- Community groups, clubs, and not-for-profit organisations in Tasmania wanting to incorporate under the Associations Incorporation Act 1964\n- The Commissioner for Corporate Affairs who processes these applications\n\n**Key name restrictions:**\nThe Commissioner cannot approve names that:\n- **Could be confused** with existing business names, cooperatives, or other incorporated associations\n- **Are identical** to company names already registered under federal corporations law (ignoring minor differences like \"Pty Ltd\" or punctuation)\n- **Are misleading** about what the organisation does\n- **Are offensive** to the public\n- **Contain restricted words** like \"Bank\", \"Casino\", \"Chamber of Commerce\", \"Oxfam\", \"Trust\", \"Commonwealth\", or \"Federal\" without permission\n- **Suggest false connections** with:\n  - The royal family or royal patronage\n  - Australian or foreign governments\n  - Government departments or local councils\n  - Ex-service organisations (like RSL) or falsely claiming members are war veterans with disabilities\n\n**Why it matters:**\nThis protects the public from being deceived by organisations pretending to be banks, government bodies, or charities they're not. It also prevents confusion between similar organisation names and stops groups from misleadingly trading on royal or government connections."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This direction revokes the Associations Incorporation Direction 1983 (s5) and replaces it with a set of detailed naming restrictions and decision rules (s4). It centralises decision authority with the Commissioner (subject to Ministerial consent for exceptions) and adds a technical name‑matching regime (subclause (2)) for comparing proposed names with names on corporate registers. A precise comparison with the 1983 instrument’s content cannot be made from this text alone."},"complexity_factors":["Cross-references to other statutes (Business Names Act 1962; Corporations Act/Corporations Law) creating inter‑statutory dependencies","Long, specific list of prohibited words and categories that applicants must navigate","Ministerial discretion to grant exceptions (creates case-by-case decision-making path)","Commissioner’s technical comparison rules (ignore articles, corporate endings, punctuation, case, certain alternative words) increase procedural detail","Phrases like “in the context in which it is proposed to be used” require subjective assessment","Revocation of the 1983 Direction requires attention to transitional or legacy names","Commencement on Gazette notification (administrative timing factor)","Amendment annotation present in text (adds temporal complexity for practitioners)"],"plain_english_summary":"This direction sets rules about what names incorporated associations may use in Tasmania. It requires the Commissioner to refuse incorporation under restricted or misleading names unless the Minister gives consent, and it lists categories and specific words that are not acceptable. Applicants for incorporation must choose names that meet these criteria; the Commissioner applies detailed comparison rules when checking company-name matches. The instrument also revokes the 1983 direction and takes effect on Gazette notification."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the direction appears to have remained largely unchanged since 1999, with no evidence of significant scope changes. It has been in continuous operation for over 25 years with only minor amendments noted."},"complexity_factors":["The legislation is a subordinate instrument (direction) rather than a primary Act, which adds a layer of hierarchy to understand","Requires knowledge of the parent Associations Incorporation Act to fully interpret","Substantive content of the direction is not visible in the provided text, limiting full analysis","Administrative/procedural in nature rather than substantively complex"],"plain_english_summary":"This Tasmanian government direction governs the administrative handling of incorporated associations under the Associations Incorporation Act 1964 (Tas). It affects community groups, clubs and not-for-profits in Tasmania and the officials who process their registrations by prescribing how applications, forms and related administration should be managed. The summary here notes only status and metadata; the direction’s full substantive text isn’t provided."}},"importantCases":[],"_links":{"self":"/api/acts/associations-incorporation-direction-1999","history":"/api/acts/associations-incorporation-direction-1999/history","analysis":"/api/acts/associations-incorporation-direction-1999/analysis","conflicts":"/api/acts/associations-incorporation-direction-1999/conflicts","importantCases":"/api/acts/associations-incorporation-direction-1999/important-cases","documents":"/api/acts/associations-incorporation-direction-1999/documents"}}