{"id":"nsw:sl-2022-0522","name":"Associations Incorporation Regulation 2022","slug":"associations-incorporation-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"522 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176193,"registerId":"nsw-nsw:sl-2022-0522-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Associations Incorporation Regulation 2022](/view/html/inforce/current/sl-2022-0522).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2022 and is required to be published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation replaces the [Associations Incorporation Regulation 2016](/view/html/repealed/current/sl-2016-0538), which is repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> ACNC Register means the Australian Charities and Not-for-profits Register maintained under the Commonwealth Act, section 40-5.\n> \n> Commonwealth Act means the [Australian Charities and Not-for-profits Commission Act 2012](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> the Act means the [Associations Incorporation Act 2009](/view/html/inforce/current/act-2009-007).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> **s 3:** Am 2026 (19), Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Corresponding law","content":"#### 4 Corresponding law\n\n4 Corresponding law\n\n> For the Act, section 4(1), definition of corresponding law, the [Corporations (Aboriginal and Torres Strait Islander) Act 2006](http://www.legislation.gov.au/) of the Commonwealth is declared to be a corresponding law.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application of Corporations legislation to associations","content":"#### 5 Application of Corporations legislation to associations\n\n5 Application of Corporations legislation to associations\n\n> For the Act, section 96(1), a matter relating to an association is declared to be an applied Corporations legislation matter for the purposes of the [Corporations (Ancillary Provisions) Act 2001](/view/html/inforce/current/act-2001-032), Part 3 in relation to the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, section 1322(1)–(3A) and (4)–(6), subject to the following modifications—\n> \n> > (a) a reference to “this Act” is to be read as including a reference to the Act,\n> \n> > (b) a reference to “a corporation” is to be read as including a reference to an association,\n> \n> > (c) for section 1322(3)—\n> > \n> > > (i) a reference to “a meeting” or “the meeting” is to be read as including a reference to a vote conducted by a postal, electronic or combined ballot, and\n> > \n> > > (ii) the reference to “a person entitled to attend the meeting” is to be read as including a reference to a person entitled to vote in the postal, electronic or combined ballot, and\n> > \n> > > (iii) the reference to “proceedings at the meeting” is to be read as including a reference to the vote conducted by a postal, electronic or combined ballot,\n> \n> > (d) for section 1322(4)(b)—the reference to “any register kept by ASIC under this Act” is to be read as including a reference to a register kept under the Act.\n> \n> **s 5:** Am 2024 No 25, Sch 7.2\\[1\\].","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Registration of associations","content":"# Part 2 Registration of associations\n\nPart 2 Registration of associations","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Information to be included in application for registration of association","content":"#### 6 Information to be included in application for registration of association\n\n6 Information to be included in application for registration of association\n\n> > (1) For the Act, section 6(3)(h), an application for registration of an association made on behalf of a registrable corporation must include—\n> > \n> > > (a) an estimate of the corporation’s income and expenditure for the financial year in which the application is made (the current financial year), and\n> > \n> > > (b) a copy of the corporation’s financial statements for the financial year immediately preceding the current financial year.\n> \n> > (2) An application for registration of an association (the proposed amalgamated association) made on behalf of 2 or more associations (the applicant associations) proposing to amalgamate must include the following—\n> > \n> > > (a) an estimate of the combined assets and liabilities of the proposed amalgamated association at the time of the application,\n> > \n> > > (b) an estimate of the income and expenditure of the proposed amalgamated association for the association’s first financial year,\n> > \n> > > (c) either—\n> > > \n> > > > (i) the original certificate of incorporation of each applicant association, or\n> > > \n> > > > (ii) if any of the original certificates have been lost—evidence of the certificates,\n> > \n> > > (d) any documents that an applicant association failed to lodge, for the last 3 financial years, under the Act, section 45 or 49.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Maximum number of alternative names in application for reservation of name","content":"#### 7 Maximum number of alternative names in application for reservation of name\n\n7 Maximum number of alternative names in application for reservation of name\n\n> For the Act, section 15(3), the prescribed maximum number of alternative names that may be nominated is 3.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Unacceptable names","content":"#### 8 Unacceptable names\n\n8 Unacceptable names\n\n> For the Act, section 18(1)(g), the names set out in Schedule 1 are declared to be unacceptable.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Information to be included in application for transfer of registration declaration","content":"#### 9 Information to be included in application for transfer of registration declaration\n\n9 Information to be included in application for transfer of registration declaration\n\n> For the Act, section 78(3)(d), an application for a transfer of registration declaration must include the following—\n> \n> > (a) a written statement regarding whether the entity to which the association intends to transfer the association’s incorporation is subject to rules that prohibit the distribution of profits to the entity’s members,\n> \n> > (b) a written declaration that the association’s creditors are not likely to be materially prejudiced by the transfer,\n> \n> > (c) a written declaration that the law of the Commonwealth, another State or a Territory will adequately provide for the continuation of the association’s legal personality after the transfer,\n> \n> > (d) any documents that the association failed to lodge, for the last 3 financial years, under the Act, section 45 or 49.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Management of associations","content":"# Part 3 Management of associations\n\nPart 3 Management of associations","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Other particulars in register of committee members","content":"#### 10 Other particulars in register of committee members\n\n10 Other particulars in register of committee members\n\n> For the Act, section 29(2)(d), the following particulars are prescribed—\n> \n> > (a) whether the committee member holds the position of president, vice-president, secretary or treasurer of the association,\n> \n> > (b) if the committee member is elected or appointed to a position referred to in paragraph (a)—\n> > \n> > > (i) the date on which the member is elected or appointed, and\n> > \n> > > (ii) the date on which the member ceases to hold the position.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Conduct of postal, electronic or combined ballots","content":"#### 11 Conduct of postal, electronic or combined ballots\n\n11 Conduct of postal, electronic or combined ballots\n\n> For the Act, sections 38(2) and 39(3), a postal, electronic or combined ballot must be conducted in accordance with Schedule 2.\n> \n> **s 11:** Am 2024 No 25, Sch 7.2\\[2\\] \\[3\\].","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Financial reporting","content":"# Part 4 Financial reporting\n\nPart 4 Financial reporting","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Gross receipts and current assets for Tier 1 associations","content":"#### 12 Gross receipts and current assets for Tier 1 associations\n\n12 Gross receipts and current assets for Tier 1 associations\n\n> > (1) For the Act, section 42(1)(a), an association’s gross receipts are equal to the total revenue recorded in the association’s income and expenditure statement for the financial year.\n> \n> > (2) For the Act, section 42(1)(b), an association’s current assets are equal to the assets held by the association on the last day of the previous financial year.\n> \n> > (3) For the Act, section 42(1), the prescribed amount is—\n> > \n> > > (a) for gross receipts—$500,000, and\n> > \n> > > (b) for current assets—$1,000,000.\n> \n> > (4) In this section—\n> > \n> > assets—\n> > \n> > > (a) includes amounts held in financial institutions, stocks and debentures, and\n> > \n> > > (b) does not include real property or assets that may depreciate.\n> \n> **s 12:** Am 2025 (296), Sch 1\\[1\\] \\[2\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Financial statements for Tier 1 associations","content":"#### 13 Financial statements for Tier 1 associations\n\n13 Financial statements for Tier 1 associations\n\n> > (1) For the Act, section 43(2), the financial statements prepared for a Tier 1 association must include the following—\n> > \n> > > (a) the details of mortgages, charges and other securities affecting property owned by the association,\n> > \n> > > (b) a separate income and expenditure statement and balance sheet for each trust for which the association is a trustee.\n> \n> > (2) For the Act, section 107(1)(d), the Secretary may exempt a Tier 1 association, or a class of Tier 1 associations, from the requirement to prepare financial statements in accordance with the Australian Accounting Standards.\n> \n> > (3) An exemption may apply—\n> > \n> > > (a) generally, or\n> > \n> > > (b) as otherwise specified in the exemption.","sortOrder":16},{"sectionNumber":"13A","sectionType":"section","heading":"Exemption from financial reporting requirements—Tier 1 associations—the Act, ss 53(3) and 107(1)(f)","content":"#### 13A Exemption from financial reporting requirements—Tier 1 associations—the Act, ss 53(3) and 107(1)(f)\n\n13A Exemption from financial reporting requirements—Tier 1 associations—the Act, ss 53(3) and 107(1)(f)\n\n> A Tier 1 association is exempt from the requirements under the Act, sections 43–45 if, in relation to the relevant financial year—\n> \n> > (a) the association—\n> > \n> > > (i) is an ACNC registered entity, and\n> > \n> > > (ii) does not report to the Australian Charities and Not-for-profits Commission as part of a reporting group under the Commonwealth Act, Subdivision 60-G, and\n> > \n> > > (iii) gives all statements and reports for the financial year as required by the Commonwealth Act, Division 60, and\n> \n> > (b) the information in the statements and reports is publicly available on the ACNC Register to the extent required by the Commonwealth Act.\n> \n> **s 13A:** Ins 2026 (19), Sch 1\\[2\\].","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Financial statements for Tier 2 associations","content":"#### 14 Financial statements for Tier 2 associations\n\n14 Financial statements for Tier 2 associations\n\n> For the Act, section 47(2), the financial statements prepared for a Tier 2 association must include the following—\n> \n> > (a) the details of mortgages, charges and other securities affecting property owned by the association,\n> \n> > (b) an income and expenditure statement and balance sheet that sets out—\n> > \n> > > (i) the individual sources of income and expenses incurred in the operation of the association, and\n> > \n> > > (ii) the assets and liabilities of the association,\n> \n> > (c) a separate income and expenditure statement and balance sheet for each trust for which the association is a trustee.","sortOrder":18},{"sectionNumber":"14A","sectionType":"section","heading":"Exemption from financial reporting requirements—Tier 2 associations—the Act, ss 53(3) and 107(1)(f)","content":"#### 14A Exemption from financial reporting requirements—Tier 2 associations—the Act, ss 53(3) and 107(1)(f)\n\n14A Exemption from financial reporting requirements—Tier 2 associations—the Act, ss 53(3) and 107(1)(f)\n\n> A Tier 2 association is exempt from the requirements under the Act, sections 47–49 if, in relation to the relevant financial year—\n> \n> > (a) the association—\n> > \n> > > (i) is an ACNC registered entity, and\n> > \n> > > (ii) does not report to the Australian Charities and Not-for-profits Commission as part of a reporting group under the Commonwealth Act, Subdivision 60-G, and\n> > \n> > > (iii) gives all statements and reports for the financial year as required by the Commonwealth Act, Division 60, and\n> \n> > (b) the information in the statements and reports is publicly available on the ACNC Register to the extent required by the Commonwealth Act.\n> \n> **s 14A:** Ins 2026 (19), Sch 1\\[3\\].","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Keeping and inspection of records and minutes","content":"#### 15 Keeping and inspection of records and minutes\n\n15 Keeping and inspection of records and minutes\n\n> > (1) For the Act, section 50(4), an association must—\n> > \n> > > (a) keep records and minutes required to be kept under the section in written or electronic form, and\n> > \n> > > (b) keep a record required to be kept under the section for at least 5 years after the day the record is made.\n> \n> > (2) A record or minute kept in electronic form must be able to be converted to hard copy.\n> \n> > (3) If a person who is entitled to inspect a record or minute asks for the record or minute to be given in hard copy, the association must give the person a hard copy of the record or minute within a reasonable time.","sortOrder":20},{"sectionNumber":"Part 5","sectionType":"part","heading":"Enforcement provisions","content":"# Part 5 Enforcement provisions\n\nPart 5 Enforcement provisions","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Certificates of authority","content":"#### 16 Certificates of authority\n\n16 Certificates of authority\n\n> For the Act, section 88(1)(a), a certificate of authority must—\n> \n> > (a) be in a form approved by the Secretary, and\n> \n> > (b) state that the certificate is issued under the Act, and\n> \n> > (c) include the name of the person to whom the certificate is issued, and\n> \n> > (d) describe the nature of the powers conferred on the holder and state that those powers are conferred by the Act, and\n> \n> > (e) state that the powers conferred on the holder do not extend to a part of premises used for residential purposes, except with the consent of the occupier of the premises, and\n> \n> > (f) state the date, if any, on which the certificate expires, and\n> \n> > (g) be signed by the Secretary or another officer of the Department authorised by the Secretary to sign certificates of authority.","sortOrder":22},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Exchange of information","content":"#### 17 Exchange of information\n\n17 Exchange of information\n\n> For the Act, section 106A(5), definition of relevant agency, paragraph (b), the Australian Charities and Not-for-profits Commission established by the Commonwealth Act is prescribed.\n> \n> **s 17:** Am 2026 (19), Sch 1\\[4\\].","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Model constitution","content":"#### 18 Model constitution\n\n18 Model constitution\n\n> For the Act, section 107(1)(a), the model constitution set out in Schedule 3 is prescribed.","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Fees","content":"#### 19 Fees\n\n19 Fees\n\n> For the Act, section 107(1)(c), the fees set out in Schedule 4, Part 1 are prescribed.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Secretary may waive, reduce, postpone or refund fees","content":"#### 20 Secretary may waive, reduce, postpone or refund fees\n\n20 Secretary may waive, reduce, postpone or refund fees\n\n> For the Act, section 107(1)(c1), the Secretary may waive, reduce, postpone or refund, in whole or in part, a fee payable or paid under the Act or this Regulation if satisfied it is appropriate to do so because—\n> \n> > (a) the person who must pay, or has paid, the fee is suffering financial hardship, or\n> \n> > (b) special circumstances exist.\n> > \n> > Example—\n> > \n> > The person is impacted by, or recovering from, a natural disaster.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Transitional provision relating to model constitution financial year clause","content":"#### 21 Transitional provision relating to model constitution financial year clause\n\n21 Transitional provision relating to model constitution financial year clause\n\n> > (1) This section applies to an association—\n> > \n> > > (a) to which the Act, Schedule 4, clause 4 applied immediately before 1 September 2022, and\n> > \n> > > (b) whose constitution does not address the association’s financial year.\n> \n> > (2) Clause 44 of the model constitution in Schedule 3, as it applies to an association to which this clause applies, is taken to be replaced by the following clause—\n> \n> > (3) The substituted clause applies until the association’s constitution otherwise addresses the association’s financial year in accordance with the Act.","sortOrder":28},{"sectionNumber":"21A","sectionType":"section","heading":"Transitional provision consequent on Associations Incorporation Amendment (Financial Reporting Thresholds) Regulation 2025","content":"#### 21A Transitional provision consequent on Associations Incorporation Amendment (Financial Reporting Thresholds) Regulation 2025\n\n21A Transitional provision consequent on [Associations Incorporation Amendment (Financial Reporting Thresholds) Regulation 2025](/view/pdf/asmade/sl-2025-296)\n\n> The amendments made to section 12(3) by the [Associations Incorporation Amendment (Financial Reporting Thresholds) Regulation 2025](/view/pdf/asmade/sl-2025-296) do not apply in relation to a financial year that ended before 1 July 2024.\n> \n> **s 21A:** Ins 2025 (296), Sch 1\\[3\\].","sortOrder":30},{"sectionNumber":"21B","sectionType":"section","heading":"Transitional provision relating to exemptions for Tier 1 and Tier 2 associations from financial reporting and lodgment of documents and summaries","content":"#### 21B Transitional provision relating to exemptions for Tier 1 and Tier 2 associations from financial reporting and lodgment of documents and summaries\n\n21B Transitional provision relating to exemptions for Tier 1 and Tier 2 associations from financial reporting and lodgment of documents and summaries\n\n> Sections 13A and 14A do not apply in relation to a financial year that ended before the commencement of the sections.\n> \n> **s 21B:** Ins 2026 (19), Sch 1\\[5\\].","sortOrder":31},{"sectionNumber":"22","sectionType":"section","heading":"Savings","content":"#### 22 Savings\n\n22 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Associations Incorporation Regulation 2016](/view/html/repealed/current/sl-2016-0538), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":32},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Unacceptable names","content":"# Schedule 1 Unacceptable names\n\nSchedule 1 Unacceptable names\n\nsection 8","sortOrder":33},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Conduct of postal, electronic or combined ballots","content":"# Schedule 2 Conduct of postal, electronic or combined ballots\n\nSchedule 2 Conduct of postal, electronic or combined ballots\n\nsection 11\n\n**sch 2, hdg:** Am 2024 No 25, Sch 7.2\\[4\\].\n\n**sch 2:** Am 2024 No 25, Sch 7.2\\[5\\]–\\[10\\].","sortOrder":48},{"sectionNumber":"5A","sectionType":"section","heading":"Combined postal and electronic voting","content":"#### 5A Combined postal and electronic voting\n\n5A Combined postal and electronic voting\n\n> > (1) This section applies to a ballot to be conducted both by postal voting and electronically.\n> \n> > (2) The returning officer must give each member entitled to vote the items specified in sections 4(2) and 5(3) at least 14 days, or 21 days for a proposed special resolution, before the date fixed for the closing of the ballot.\n> \n> > (3) If the ballot is a secret ballot, the returning officer must ensure the identity of the member cannot be ascertained from the electronic ballot paper.\n> \n> > (4) The member may choose to vote by post or electronically.\n> \n> > (5) If the member chooses to vote by post, section 4(3)–(5) apply.\n> \n> > (6) If the member chooses to vote electronically, section 5(5) and (6) apply.","sortOrder":54},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Model constitution","content":"# Schedule 3 Model constitution\n\nSchedule 3 Model constitution\n\nsection 18\n\n**sch 3:** Am 2024 No 25, Sch 7.2\\[11\\] \\[12\\].","sortOrder":58},{"sectionNumber":"Division 1","sectionType":"division","heading":"Constitution","content":"## Division 1 Constitution\n\nDivision 1 Constitution","sortOrder":74},{"sectionNumber":"Division 2","sectionType":"division","heading":"Procedure","content":"## Division 2 Procedure\n\nDivision 2 Procedure","sortOrder":83},{"sectionNumber":"23","sectionType":"section","heading":"Quorum","content":"#### 23 Quorum\n\n23 Quorum\n\n> > (1) The quorum for a meeting of the committee is 3 committee members.\n> \n> > (2) No business may be transacted by the committee unless a quorum is present.\n> \n> > (3) If a quorum is not present within half an hour of the time the meeting commences, the meeting is adjourned—\n> > \n> > > (a) to the same place, and\n> > \n> > > (b) to the same time of the same day in the following week.\n> \n> > (4) If a quorum is not present within half an hour of the time the adjourned meeting commences, the meeting is dissolved.\n> \n> > (5) If the number of committee members is less than the number required to constitute a quorum for a committee meeting, the committee members may appoint 1 or more members of the association as committee members to enable the quorum to be constituted.\n> \n> > (6) A committee member appointed under subclause (5) holds office, subject to this constitution, until the next annual general meeting.\n> \n> > (7) This clause does not apply to the filling of a casual vacancy to which clause 17 applies.\n> \n> Note—\n> \n> The Act, section 28A provides for the filling of vacancies on the committee to constitute a quorum.","sortOrder":86},{"sectionNumber":"24","sectionType":"section","heading":"Presiding committee member","content":"#### 24 Presiding committee member\n\n24 Presiding committee member\n\n> > (1) The following committee member presides at a meeting of the committee—\n> > \n> > > (a) the president,\n> > \n> > > (b) if the president is absent—the vice-president,\n> > \n> > > (c) if both the president and vice-president are absent—1 of the members present at the meeting, as elected by the other members.\n> \n> > (2) The member presiding at the meeting has—\n> > \n> > > (a) a deliberative vote, and\n> > \n> > > (b) in the event of an equality of votes—a second or casting vote.","sortOrder":87},{"sectionNumber":"25","sectionType":"section","heading":"Voting","content":"#### 25 Voting\n\n25 Voting\n\n> A decision supported by a majority of the votes cast at a meeting of the committee or a subcommittee at which a quorum is present is the decision of the committee or subcommittee.","sortOrder":88},{"sectionNumber":"26","sectionType":"section","heading":"Acts valid despite vacancies or defects","content":"#### 26 Acts valid despite vacancies or defects\n\n26 Acts valid despite vacancies or defects\n\n> > (1) Subject to clause 23(1), the committee may act despite there being a casual vacancy in the office of a committee member.\n> \n> > (2) An act done by a committee or subcommittee is not invalidated because of a defect relating to the qualifications or appointment of a member of the committee or subcommittee.","sortOrder":89},{"sectionNumber":"27","sectionType":"section","heading":"Transaction of business outside meetings or by telephone or other means","content":"#### 27 Transaction of business outside meetings or by telephone or other means\n\n27 Transaction of business outside meetings or by telephone or other means\n\n> > (1) The committee may transact its business by the circulation of papers, including by electronic means, among all committee members.\n> \n> > (2) If the committee transacts business by the circulation of papers, a written resolution, approved in writing by a majority of committee members, is taken to be a decision of the committee made at a meeting of the committee.\n> \n> > (3) The committee may transact its business at a meeting at which 1 or more committee members participate by telephone or other electronic means, provided a member who speaks on a matter can be heard by the other members.\n> \n> > (4) The member presiding at the meeting and each other member have the same voting rights as they would have at an ordinary meeting of the committee for the purposes of—\n> > \n> > > (a) the approval of a resolution under subclause (2), or\n> > \n> > > (b) a meeting held in accordance with subclause (3).\n> \n> > (5) A resolution approved under subclause (2) must be recorded in the minutes of the meetings of the committee.\n> \n> Note—\n> \n> The Act, section 30(2) and (3) contains requirements relating to meetings held at 2 or more venues using technology.","sortOrder":90},{"sectionNumber":"28","sectionType":"section","heading":"Annual general meetings","content":"#### 28 Annual general meetings\n\n28 Annual general meetings\n\n> > (1) The association must hold the association’s first annual general meeting within 18 months of the day the association was registered under the Act.\n> \n> > (2) The association must hold subsequent annual general meetings within—\n> > \n> > > (a) 6 months of the last day of the association’s financial year, or\n> > \n> > > (b) the later period allowed or prescribed in accordance with the Act, section 37(2)(b).\n> \n> > (3) Subject to the Act and subclauses (1) and (2), the annual general meeting is to be held at the place and time determined by the committee.\n> \n> > (4) The business that may be transacted at an annual general meeting includes the following—\n> > \n> > > (a) confirming the minutes of the previous annual general meeting and any special general meetings held since the previous annual general meeting,\n> > \n> > > (b) receiving reports from the committee on the association’s activities during the previous financial year,\n> > \n> > > (c) electing office-bearers and ordinary committee members,\n> > \n> > > (d) receiving and considering financial statements or reports required to be submitted to members of the association under the Act.\n> \n> Note—\n> \n> The Act, section 37(1) and (2) provides for when annual general meetings must be held.","sortOrder":92},{"sectionNumber":"29","sectionType":"section","heading":"Special general meetings","content":"#### 29 Special general meetings\n\n29 Special general meetings\n\n> > (1) The committee may call a special general meeting whenever the committee thinks fit.\n> \n> > (2) The committee must call a special general meeting if the committee receives a request made by at least 5% of the total number of members.\n> \n> > (3) The request—\n> > \n> > > (a) must be in writing, and\n> > \n> > > (b) must state the purpose of the meeting, and\n> > \n> > > (c) must be signed by the members making the request, and\n> > \n> > > (d) may consist of more than 1 document in a similar form signed by 1 or more members, and\n> > \n> > > (e) must be lodged with the secretary, and\n> > \n> > > (f) may be in electronic form and signed and lodged by electronic means.\n> \n> > (4) If the committee fails to call a special general meeting within 1 month of the request being lodged, 1 or more of the members who made the request may call a special general meeting to be held within 3 months of the date the request was lodged.\n> \n> > (5) A special general meeting held under subclause (4) must be conducted, as far as practicable, in the same way as a general meeting called by the committee.","sortOrder":93},{"sectionNumber":"30","sectionType":"section","heading":"Notice of general meeting","content":"#### 30 Notice of general meeting\n\n30 Notice of general meeting\n\n> > (1) The secretary must give each member notice of a general meeting—\n> > \n> > > (a) if a matter to be determined at the meeting requires a special resolution—at least 21 days before the meeting, or\n> > \n> > > (b) otherwise—at least 14 days before the meeting.\n> \n> > (2) The notice must specify—\n> > \n> > > (a) the place and time at which the meeting will be held, and\n> > \n> > > (b) the nature of the business to be transacted at the meeting, and\n> > \n> > > (c) if a matter to be determined at the meeting requires a special resolution—that a special resolution will be proposed, and\n> > \n> > > (d) for an annual general meeting—that the meeting to be held is an annual general meeting.\n> \n> > (3) The only business that may be transacted at the meeting is—\n> > \n> > > (a) the business specified in the notice, and\n> > \n> > > (b) for an annual general meeting—business referred to in clause 28(4).\n> \n> > (4) A member may give written notice to the secretary of business the member wishes to raise at a general meeting.\n> \n> > (5) If the secretary receives a notice under subclause (4), the secretary must specify the nature of the business in the next notice calling a general meeting.","sortOrder":94},{"sectionNumber":"31","sectionType":"section","heading":"Quorum","content":"#### 31 Quorum\n\n31 Quorum\n\n> > (1) The quorum for a general meeting is 5 members of the association entitled to vote under this constitution.\n> \n> > (2) No business may be transacted at a general meeting unless a quorum is present.\n> \n> > (3) If a quorum is not present within half an hour of the time the meeting commences, the meeting—\n> > \n> > > (a) if called on the request of members—is dissolved, or\n> > \n> > > (b) otherwise—is adjourned—\n> > > \n> > > > (i) to the same time of the same day in the following week, and\n> > > \n> > > > (ii) to the same place, unless another place is specified by the member presiding at the meeting at the time of the adjournment or in a written notice given to members at least 1 day before the adjourned meeting.\n> \n> > (4) If a quorum is not present within half an hour of the time an adjourned meeting commences, but there are at least 3 members present, the members present constitute a quorum.","sortOrder":95},{"sectionNumber":"32","sectionType":"section","heading":"Adjourned meetings","content":"#### 32 Adjourned meetings\n\n32 Adjourned meetings\n\n> > (1) The member presiding at a general meeting may, with the consent of the majority of the members present, adjourn the meeting to another time and place.\n> \n> > (2) The only business that may be transacted at the adjourned meeting is the business remaining from the meeting at which the adjournment took place.\n> \n> > (3) If a meeting is adjourned for at least 14 days, the secretary must give each member oral or written notice, at least 1 day before the adjourned meeting, of—\n> > \n> > > (a) the time and place at which the adjourned meeting will be held, and\n> > \n> > > (b) the nature of the business to be transacted at the adjourned meeting.","sortOrder":96},{"sectionNumber":"33","sectionType":"section","heading":"Presiding member","content":"#### 33 Presiding member\n\n33 Presiding member\n\n> > (1) The following member presides at a general meeting—\n> > \n> > > (a) the president,\n> > \n> > > (b) if the president is absent—the vice-president,\n> > \n> > > (c) if both the president and vice-president are absent—1 of the members present at the meeting, as elected by the other members.\n> \n> > (2) The member presiding at the meeting has—\n> > \n> > > (a) a deliberative vote, and\n> > \n> > > (b) in the event of an equality of votes—a second or casting vote.","sortOrder":97},{"sectionNumber":"34","sectionType":"section","heading":"Voting","content":"#### 34 Voting\n\n34 Voting\n\n> > (1) A member is not entitled to vote at a general meeting unless the member—\n> > \n> > > (a) is at least 18 years of age, and\n> > \n> > > (b) has paid all money owed by the member to the association.\n> \n> > (2) Each member has 1 vote, except as provided by clause 33(2)(b).\n> \n> > (3) A question raised at the meeting must be decided by—\n> > \n> > > (a) a show of hands, or\n> > \n> > > (b) if clause 36 applies—an appropriate method as determined by the committee, or\n> > \n> > > (c) a written ballot, but only if—\n> > > \n> > > > (i) the member presiding at the meeting moves that the question be decided by ballot, or\n> > > \n> > > > (ii) at least 5 members agree the question should be determined by ballot.\n> \n> > (4) If a question is decided using a method referred to in subclause (3)(a) or (b), either of the following is sufficient evidence that a resolution has been carried, whether unanimously or by a majority, or lost, using the method—\n> > \n> > > (a) a declaration by the member presiding at the meeting,\n> > \n> > > (b) an entry in the association’s minute book.\n> \n> > (5) A written ballot must be conducted in accordance with the directions of the member presiding.\n> \n> > (6) A member cannot cast a vote by proxy.","sortOrder":98},{"sectionNumber":"35","sectionType":"section","heading":"Postal, electronic or combined ballots","content":"#### 35 Postal, electronic or combined ballots\n\n35 Postal, electronic or combined ballots\n\n> > (1) The association may hold a postal, electronic or combined ballot, as determined by the committee, to decide any matter other than an appeal under clause 8.\n> \n> > (2) The ballot must be conducted in accordance with Schedule 2 of the Regulation.","sortOrder":99},{"sectionNumber":"36","sectionType":"section","heading":"Transaction of business outside meetings or by telephone or other means","content":"#### 36 Transaction of business outside meetings or by telephone or other means\n\n36 Transaction of business outside meetings or by telephone or other means\n\n> > (1) The association may transact its business by the circulation of papers, including by electronic means, among all members of the association.\n> \n> > (2) If the association transacts business by the circulation of papers, a written resolution, approved in writing by a majority of members, is taken to be a decision of the association made at a general meeting.\n> \n> > (3) The association may transact its business at a general meeting at which 1 or more members participate by telephone or other electronic means, provided a member who speaks on a matter can be heard by the other members.\n> \n> > (4) The member presiding at the meeting and each other member have the same voting rights as they would have at an ordinary meeting of the association for the purposes of—\n> > \n> > > (a) the approval of a resolution under subclause (2), or\n> > \n> > > (b) a meeting held in accordance with subclause (3).\n> \n> > (5) A resolution approved under subclause (2) must be recorded in the minutes of the meetings of the association.\n> \n> Note—\n> \n> The Act, section 37(3) and (4) contains requirements relating to meetings held at 2 or more venues using technology.","sortOrder":100},{"sectionNumber":"37","sectionType":"section","heading":"Change of name, objects or constitution","content":"#### 37 Change of name, objects or constitution\n\n37 Change of name, objects or constitution\n\n> An application for registration of a change in the association’s name, objects or constitution made under the Act, section 10 must be made by—\n> \n> > (a) the public officer, or\n> \n> > (b) a committee member.","sortOrder":102},{"sectionNumber":"38","sectionType":"section","heading":"Funds","content":"#### 38 Funds\n\n38 Funds\n\n> > (1) Subject to a resolution passed by the association, the association’s funds may be derived from the following sources only—\n> > \n> > > (a) the entrance fees and annual subscription fees payable by members,\n> > \n> > > (b) donations,\n> > \n> > > (c) other sources as determined by the committee.\n> \n> > (2) Subject to a resolution passed by the association, the association’s funds and assets must be used to pursue the association’s objects in the way that the committee determines.\n> \n> > (3) As soon as practicable after receiving money, the association must—\n> > \n> > > (a) deposit the money, without deduction, to the credit of the association’s authorised deposit-taking institution account, and\n> > \n> > > (b) issue a receipt for the amount of money received to the person from whom the money was received.\n> \n> > (4) A cheque or other negotiable instrument must be signed by 2 authorised signatories.\n> > \n> > Note—\n> > \n> > The Act, section 36 provides for the appointment of authorised signatories.","sortOrder":103},{"sectionNumber":"39","sectionType":"section","heading":"Insurance","content":"#### 39 Insurance\n\n39 Insurance\n\n> The association may take out and maintain insurance as appropriate for the association’s assets and liabilities.","sortOrder":104},{"sectionNumber":"40","sectionType":"section","heading":"Non-profit status","content":"#### 40 Non-profit status\n\n40 Non-profit status\n\n> Subject to the Act and the Regulation, the association must not conduct the association’s affairs in a way that provides a pecuniary gain for a member of the association.\n> \n> Note—\n> \n> See the Act, section 40.","sortOrder":105},{"sectionNumber":"41","sectionType":"section","heading":"Service of notices","content":"#### 41 Service of notices\n\n41 Service of notices\n\n> > (1) For the purposes of this constitution, a notice may be given to or served on a person—\n> > \n> > > (a) by delivering the notice to the person personally, or\n> > \n> > > (b) by sending the notice by pre-paid post to the address of the person, or\n> > \n> > > (c) by sending the notice by electronic transmission to an address specified by the person for giving or serving the notice.\n> \n> > (2) A notice is taken to have been given to or served on a person, unless the contrary is proved—\n> > \n> > > (a) for a notice given or served personally—on the date on which the notice is received by the person, or\n> > \n> > > (b) for a notice sent by pre-paid post—on the date on which the notice would have been delivered in the ordinary course of post, or\n> > \n> > > (c) for a notice sent by electronic transmission—\n> > > \n> > > > (i) on the date the notice was sent, or\n> > > \n> > > > (ii) if the machine from which the transmission was sent produces a report indicating the notice was sent on a later date—on the later date.","sortOrder":106},{"sectionNumber":"42","sectionType":"section","heading":"Custody of records and books","content":"#### 42 Custody of records and books\n\n42 Custody of records and books\n\n> Except as otherwise provided by this constitution, all records, books and other documents relating to the association must be kept in New South Wales—\n> \n> > (a) at the association’s main premises, in the custody of either of the following persons, as determined by the committee—\n> > \n> > > (i) the public officer,\n> > \n> > > (ii) a member of the association, or\n> \n> > (b) if the association has no premises—at the association’s official address, in the custody of the public officer.","sortOrder":107},{"sectionNumber":"43","sectionType":"section","heading":"Inspection of records and books","content":"#### 43 Inspection of records and books\n\n43 Inspection of records and books\n\n> > (1) The following documents must be available for inspection, free of charge, by members of the association at a reasonable time—\n> > \n> > > (a) this constitution,\n> > \n> > > (b) minutes of committee meetings and general meetings of the association,\n> > \n> > > (c) records, books and other documents relating to the association.\n> \n> > (2) A member may inspect a document referred to in subclause (1)—\n> > \n> > > (a) in hard copy, or\n> > \n> > > (b) in electronic form, if available.\n> \n> > (3) A member may obtain a hard copy of a document referred to in subclause (1) on payment of a fee of not more than $1, as determined by the committee, for each page copied.\n> \n> > (4) The committee may refuse to allow a member to inspect or obtain a copy of a document under this clause—\n> > \n> > > (a) that relates to confidential, personal, commercial, employment or legal matters, or\n> > \n> > > (b) if the committee considers it would be prejudicial to the interests of the association for the member to do so.","sortOrder":108},{"sectionNumber":"44","sectionType":"section","heading":"Financial year","content":"#### 44 Financial year\n\n44 Financial year\n\n> The association’s financial year is—\n> \n> > (a) the period commencing on the date of incorporation of the association and ending on the following 30 June, and\n> \n> > (b) each period of 12 months after the expiration of the previous financial year, commencing on 1 July and ending on the following 30 June.\n> \n> Note—\n> \n> The Regulation, section 21 contains a substitute clause 44 for certain associations incorporated under the [Associations Incorporation Act 1984](/view/html/repealed/current/act-1984-143).","sortOrder":109},{"sectionNumber":"45","sectionType":"section","heading":"Distribution of property on winding up","content":"#### 45 Distribution of property on winding up\n\n45 Distribution of property on winding up\n\n> > (1) Subject to the Act and the Regulation, in a winding up of the association, the surplus property of the association must be transferred to another organisation—\n> > \n> > > (a) with similar objects, and\n> > \n> > > (b) which is not carried on for the profit or gain of the organisation’s members.\n> \n> > (2) In this clause—\n> > \n> > surplus property has the same meaning as in the Act, section 65.","sortOrder":110},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Fees","content":"# Schedule 4 Fees\n\nSchedule 4 Fees\n\nsection 19","sortOrder":111},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 5 Penalty notice offences\n\nSchedule 5 Penalty notice offences\n\n| Provision | Penalty |\n| Offences under the Act |\n| Section 13(1) | $200 |\n| Section 29(1) | $50 |\n| Section 34(1) and (6) | $50 |\n| Section 35(3) | $50 |\n| Section 37(1) and (2) | $50 |\n| Section 41(1) | $50 |\n| Section 43(1) | $200 |\n| Section 44 | $200 |\n| Section 45(1) | $200 |\n| Section 47(1) | $200 |\n| Section 48 | $200 |\n| Section 49(1) | $200 |\n| Section 50(1) | $200 |\n| Section 51(3) | $200 |\n| Section 90(1) | $50 |\n| Section 101(2) | $50 |","sortOrder":118}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulation has grown significantly beyond simple procedural rules for association registration. It now encompasses: (1) complex financial reporting tiering with ACNC integration (sections 12-14A), effectively creating a dual-track regulatory system; (2) detailed governance procedures including a complete model constitution (Schedule 3) that functions as a default legal document; (3) sophisticated electronic voting mechanisms (Schedule 2); (4) automatic fee indexation machinery (Schedule 4, Part 2); and (5) extensive transitional provisions managing continuity across multiple regulatory regimes (1984 Act, 2009 Act, 2016 Regulation, and 2022 Regulation). The original intent of providing basic registration procedures has expanded into a comprehensive corporate governance code for the not-for-profit sector."},"complexity_factors":["Extensive cross-referencing to the parent Act (Associations Incorporation Act 2009) and Commonwealth legislation (Corporations Act 2001, ACNC Act 2012)","Multiple tiers of regulation (Tier 1 vs Tier 2 associations) with different financial reporting thresholds and requirements","Detailed procedural rules in Schedule 2 for postal, electronic and combined ballots with specific timing requirements (14 days vs 21 days for special resolutions)","Nested conditions in exemption clauses (sections 13A and 14A) requiring ACNC registration, non-group reporting status, and public availability of information","Mathematical formula for fee unit indexation with CPI calculations and rounding rules in Schedule 4, Part 2","Model constitution in Schedule 3 contains 45 clauses with internal cross-references and multiple exceptions (e.g., clause 17 on vacancies has 9 separate triggering conditions)","Transitional provisions (sections 21, 21A, 21B) that apply different rules based on when associations were incorporated or when financial years ended","Modification provisions (section 5) that adapt Commonwealth Corporations Act provisions for association use with specific textual substitutions"],"plain_english_summary":"This Regulation sets out the detailed rules for how incorporated associations operate in New South Wales. It works alongside the Associations Incorporation Act 2009 to provide practical, step-by-step requirements for community groups, clubs, and not-for-profits.\n\n**What it covers:**\n\n- **Registration**: How to apply to become an incorporated association, including what information you need (financial estimates, certificates), rules about acceptable names (you can't use names that sound like government bodies, banks, or criminal organisations), and how many alternative names you can suggest (3).\n\n- **Running an association**: Detailed procedures for committee meetings, keeping registers of members, and conducting votes by post, email, or online. It includes a complete 'model constitution' (a ready-made rulebook) that associations can adopt.\n\n- **Financial reporting**: Different rules for small associations (Tier 2) and larger ones (Tier 1, with gross receipts over $500,000 or assets over $1 million). Larger associations must follow Australian Accounting Standards. Importantly, associations registered with the national charities regulator (ACNC) can get exemptions from some state reporting requirements.\n\n- **Enforcement**: What inspectors can do, and what fees associations must pay for registration, name changes, and lodging documents. Fees are calculated using 'fee units' that adjust for inflation each year.\n\n- **Penalties**: Fines for common breaches like failing to hold annual meetings, not keeping proper records, or not lodging financial statements on time.\n\n**Who it affects:**\nAnyone involved in running a NSW incorporated association—committee members, secretaries, treasurers, and members. It matters because it provides the legal framework that gives these groups their legal status, protects members from personal liability, and ensures transparency and accountability in how community organisations operate."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Regulation’s scope has been expanded and adjusted since its original making by a number of later amendments recorded in the text. Notable scope changes in the source material include: insertion of exemptions allowing Tier 1 and Tier 2 associations to substitute state financial reporting and lodgment obligations with federal ACNC reporting where specified conditions are met (ss13A and 14A); amendment of the Tier 1 financial thresholds and definitions of gross receipts/current assets (s12, as amended); prescription of the ACNC as a relevant agency for information exchange (s17); adoption and modification of Corporations Act provisions to apply to associations with textual changes (s5); revisions to ballot conduct (s11 and Schedule 2 amendments); and updates to fees and automatic CPI indexing (Schedule 4 Part 2, s2). Transitional provisions (ss21A, 21B) limit retrospective application of certain changes. These amendments alter who can avoid state reporting (benefit concentrated in ACNC‑registered associations), modify compliance obligations, and increase reliance on federal reporting and administrative discretion (Secretary powers in ss13(2), 16, 20)."},"complexity_factors":["Multiple cross-references to the Act, Commonwealth legislation (ACNC/Civil law) and Corporations provisions (s5, s17)","Two-tiered financial reporting regime with numeric thresholds and separate content requirements for Tier 1 and Tier 2 (ss12–14)","New exemptions linking state reporting to federal ACNC registration with precise conditions (ss13A, 14A) and transitional rules (s21B)","Detailed procedural rules for postal/electronic/combined ballots with security, secrecy and record‑keeping requirements (Schedule 2)","Fees expressed in fee units plus CPI‑indexation formula and rounding rules (Schedule 4 Part 2, s2)","Secretary’s discretionary powers to exempt, waive or set forms that affect compliance burden (ss13(2), 16, 20)","Model constitution included in the Regulation with extensive default governance provisions (Schedule 3)","Multiple amendments and insertions across different years with transitional provisions (noted amendments and ss21A/21B)","Different retention periods for records depending on purpose (s15; Schedule 2 cl8)","Penalty notice scheme mapping multiple Act offences to fixed penalties (Schedule 5)"],"plain_english_summary":"## What this Regulation does, who it affects, and how it works\n\nThis Regulation sets out practical rules for incorporated associations in New South Wales. It sits under the Associations Incorporation Act 2009 (the Act) and fills in details about registration, governance, financial reporting, meetings, record-keeping, fees and some enforcement steps. It applies to incorporated associations (not for‑profit membership organisations) registered under the Act.\n\nKey mechanical changes and rules\n\n- Registration: Applications to register an association must include basic financial information for the current and previous financial years when the applicant is or was a registrable corporation (Regulation, s6(1)). Applications for amalgamations must include combined assets/liabilities estimates and earlier certificates or evidence (s6(2)).\n\n- Names: The Regulation lists names that are unacceptable (Schedule 1) and limits the number of alternative reserved names to three (s7, s8). A name that resembles certain business, corporate or government names is disallowed unless conditions in the schedule are met.\n\n- Application of Corporations law: Certain Corporations Act provisions are declared to apply to associations with specified textual adjustments so words like “this Act” and “a corporation” are read respectively as including the Act and an association; voting by postal/electronic ballots is explicitly treated as a “meeting” for those purposes (s5).\n\n- Model constitution and default governance rules: The Regulation prescribes a model constitution (Schedule 3, s18) containing default rules on membership, the committee, elections, meetings, minutes, delegations and winding up. Associations may adopt that constitution or a different one compliant with the Act.\n\n- Postal/electronic ballots: If an association conducts postal, electronic or combined ballots, the returning officer and ballot conduct requirements in Schedule 2 apply (appointment of returning officer, voting rolls, timeframes, how to handle secret ballots and informal votes, secure storage of ballot records for at least 8 weeks) (s11; Schedule 2).\n\n- Financial reporting tiers and exemptions: The Regulation defines Tier 1 thresholds (gross receipts = total revenue; current assets = assets at last day of previous financial year) and sets the numerical thresholds for Tier 1: gross receipts $500,000 and current assets $1,000,000 (s12). It prescribes what financial statements for Tier 1 and Tier 2 must include (ss13, 14). Importantly, the Regulation now creates an exemption for Tier 1 and Tier 2 associations from state financial reporting and lodgment obligations if the association is registered with the federal ACNC and meets specified ACNC reporting conditions; those exemptions are in ss13A and 14A. The Secretary may also exempt Tier 1 associations from preparing statements under Australian Accounting Standards in specified circumstances (s13(2)–(3)).\n\n- Records and minutes: Associations must keep records and minutes in written or electronic form for at least 5 years (s15). Electronic records must be convertible to hard copy; members entitled to inspect a record can request a hard copy and the association must supply it within a reasonable time (s15).\n\n- Fees and fee handling: A schedule of fees is prescribed (Schedule 4, Part 1; s19). Fees are expressed in fee units and the Regulation provides an automatic CPI-based indexing mechanism for the fee unit each financial year (Part 2, s2). The Secretary has discretion to waive, reduce, postpone or refund fees in cases such as financial hardship or special circumstances (s20).\n\n- Enforcement and certificates: Certificates of authority issued under enforcement provisions must be in a Secretary‑approved form and include named particulars and limitations (s16). Certain breaches of the Act may attract penalty notices with fixed amounts set out in Schedule 5.\n\nWho pays and who decides\n\n- Associations bear most compliance costs: preparing and lodging financial statements (ss42–49 as read with ss12–14), keeping records for specified periods (s15), conducting ballots in accordance with Schedule 2 where used, and paying prescribed fees (Schedule 4). Members may pay small standard entrance and annual subscription fees if the model constitution is adopted (Schedule 3, clause 5).\n\n- The Secretary (Department) retains administrative discretion: to set the form of certificates of authority (s16), to exempt Tier 1 associations from Australian Accounting Standards (s13(2)), to waive or refund fees (s20), and to notify indexed fee amounts (Part 2, s4). The committee of each association appoints returning officers for ballots and determines many operational choices (Schedule 2; model constitution rules).\n\nIncentives, trade-offs and compliance burdens\n\n- Incentive to use ACNC reporting: The new ACNC‑based exemptions (ss13A and 14A) create a direct mechanism where ACNC registration and public ACNC reporting can substitute for state reporting and lodgment. Mechanically, an association that is an ACNC‑registered entity and satisfies the other listed conditions is exempt from certain state lodgment and financial reporting rules for the relevant financial year (ss13A, 14A). This can reduce duplicate reporting but shifts reliance to federal reporting rules and the public ACNC register.\n\n- Compliance costs remain concentrated: The principal costs (preparing accounts, maintaining minute books/rolls, conducting ballots properly and paying lodgment fees) are borne by associations. Smaller associations may rely on the model constitution default scales (e.g., nominal entrance/subscription fees in Schedule 3) to reduce transaction costs.\n\n- Administrative discretion and implementation risk: The Secretary’s power to grant exemptions and to approve certificate forms (s13(2), s20, s16) concentrates administrative discretion in the Department. That discretion can reduce compliance burden in individual cases but creates reliance on administrative processes.\n\n- Name restrictions and competition effects: Schedule 1 restricts certain names (s8). Mechanically, that prevents associations from using names that would cause public confusion with registered businesses, government bodies or specified entities. This affects only branding choices (Schedule 1).\n\nOther practical points and transitional rules\n\n- Transitional and non-retroactivity rules: Amendments come with transitional provisions that limit application to financial years starting after certain dates (see ss21A, 21B). The Regulation also preserves acts that had effect under the previous 2016 Regulation (s22).\n\n- Records retention windows differ by purpose: association records and minutes—5 years (s15); ballot records—secure storage for at least 8 weeks (Schedule 2, cl8). These are distinct obligations with different retention periods.\n\nOverall functional effect (mechanical):\n- Sets specific administrative steps and timeframes associations must follow for registration, membership, meetings, ballots and record-keeping.\n- Assigns numerical financial thresholds and reporting content for Tier 1 and Tier 2 associations (s12–14; ss13A/14A introduce an ACNC reporting substitution route).\n- Prescribes fees and automatic CPI indexing for those fees (Schedule 4; Part 2).\n- Gives the Secretary targeted discretionary powers (ss13(2), 16, 20) and prescribes enforcement and certification details (s16; Schedule 5)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulation appears to remain consistent with its original purpose of providing administrative and operational rules for incorporated associations in NSW. The amendments made across its versions (2022, 2024, 2025, 2026) are consistent with routine regulatory maintenance rather than any fundamental shift in scope."},"complexity_factors":["The document provided is primarily metadata and status information — the actual substantive content of the regulation is not included, limiting detailed analysis","Regulations of this type typically involve cross-referencing with the parent Act (Associations Incorporation Act 2009), adding moderate complexity","Multiple point-in-time versions suggest the regulation has been amended, requiring readers to identify which version applies to their situation","Automatic repeal mechanism under the Subordinate Legislation Act 1989 introduces a time-sensitive compliance consideration","Applies to a broad and varied class of organisations with differing sizes and governance needs"],"plain_english_summary":"## Associations Incorporation Regulation 2022 (NSW)\n\n**What is this?**\nThis is a NSW government regulation that sits underneath the *Associations Incorporation Act 2009* (NSW). It sets out the detailed rules for how **incorporated associations** (think community clubs, sporting groups, charities, and volunteer organisations that have registered as a legal entity) must operate in New South Wales.\n\n**Who does this affect?**\n- Members and office-holders (like presidents, treasurers, and secretaries) of incorporated associations in NSW\n- People wanting to set up a new incorporated association\n- Anyone dealing with an incorporated association (e.g. entering contracts with them)\n\n**Why does it matter?**\nIncorporating an association gives it legal standing — it can own property, enter contracts, and sue or be sued as an organisation rather than its individual members being personally liable. This regulation spells out the practical requirements for that legal status, such as governance rules, financial reporting thresholds, model constitutions (standard rule templates), and administrative procedures.\n\n**Important note — expiry date:**\nThis regulation is scheduled for **automatic repeal on 1 September 2027** under NSW's sunset clause system (a built-in expiry date to ensure regulations are periodically reviewed). If it isn't replaced or renewed before then, it will cease to have effect.\n\n**What's the current state?**\nThe regulation has been updated several times since it was first made in August 2022, with the most recent version in force from 1 April 2026."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/associations-incorporation-regulation-2022","history":"/api/acts/associations-incorporation-regulation-2022/history","analysis":"/api/acts/associations-incorporation-regulation-2022/analysis","conflicts":"/api/acts/associations-incorporation-regulation-2022/conflicts","importantCases":"/api/acts/associations-incorporation-regulation-2022/important-cases","documents":"/api/acts/associations-incorporation-regulation-2022/documents"}}