{"id":"tas:sr-2017-071","name":"Associations Incorporation Regulations 2017","slug":"associations-incorporation-regulations-2017","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"71 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186089,"registerId":"tas-tas:sr-2017-071-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","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Associations Incorporation Regulations 2017](/view/html/inforce/2026-04-12/sr-2017-071) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 28 November 2017.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In these regulations –\n> > \n> > > ***Act*** means the [Associations Incorporation Act 1964](/view/html/inforce/2026-04-12/act-1964-064) ;\n> > \n> > > ***document*** means a form set out in [Schedule 1](#JS1@EN) ;\n> > \n> > > ***Registry*** has the same meaning as in the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) .\n> \n> > (2)  In these regulations, a reference to a form by number is a reference to the form so numbered in [Schedule 1](#JS1@EN) .","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Documents","content":"# Part 2 Documents","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Lodgment of documents","content":"### 4 Lodgment of documents\n\n> A document is taken to be lodged with the Commissioner for the purposes of the Act if it is –\n> \n> > > (a) given to the Commissioner; or\n> > \n> > > (b) left at the office of the Commissioner with a person employed in that office; or\n> > \n> > > (c) sent by post to the office of the Commissioner; or\n> > \n> > > (d) emailed to the Commissioner's email address.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Preparation of documents","content":"### 5 Preparation of documents\n\n> > (1)  A document required by the Act to be lodged with the Commissioner must –\n> > \n> > > > (a) be in A4 format; and\n> > > \n> > > > (b) not be altered in any way; and\n> > > \n> > > > (c) be legible.\n> \n> > (2)  The Commissioner may refuse to accept a document that, in the Commissioner's opinion, does not comply with [subregulation (1)](#GS5@Gs1@EN) .","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Prescribed bodies corporate","content":"### 6 Prescribed bodies corporate\n\n> For the purposes of [the definition of ***prescribed body corporate*** in section 2(1)](/view/html/inforce/2026-04-12/act-1964-064#GS2@Gs1@Nd1732005464910@EN) of the Act, each Aboriginal and Torres Strait Islander corporation, within the meaning of the *Corporations (Aboriginal and Torres Strait Islander) Act 2006* of the Commonwealth, is prescribed.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Certificates of incorporation of associations","content":"### 7 Certificates of incorporation of associations\n\n> For [section 8(1)](/view/html/inforce/2026-04-12/act-1964-064#GS8@Gs1@EN) of the Act, the prescribed form is Form 1.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Applications to change name of incorporated associations","content":"### 8 Applications to change name of incorporated associations\n\n> > (1)  For [section 10(2)(a)](/view/html/inforce/2026-04-12/act-1964-064#GS10@Gs2@Hpa@EN) of the Act, the prescribed Form is Form 2.\n> \n> > (2)  For [section 10(2)(b)](/view/html/inforce/2026-04-12/act-1964-064#GS10@Gs2@Hpb@EN) of the Act, the prescribed verification is –\n> > \n> > > > (a) the signature of the public officer of the association on Form 2; and\n> > > \n> > > > (b) the seal of the association on Form 2; and\n> > > \n> > > > (c) the setting out of the special resolution of the association on Form 2 or by the annexure of the special resolution to that Form.\n> \n> > (3)  For [section 10(2)(c)](/view/html/inforce/2026-04-12/act-1964-064#GS10@Gs2@Hpc@EN) of the Act, the prescribed period is one month after the date of the meeting at which the special resolution for the change of the name was passed.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Matters specified in memorials or notices under  section 13(2)  of Act","content":"### 9 Matters specified in memorials or notices under  section 13(2)  of Act\n\n> > (1)  For [section 13(2)](/view/html/inforce/2026-04-12/act-1964-064#GS13@Gs2@EN) of the Act, the following particulars and matters are prescribed:\n> > \n> > > > (a) in the case of land –\n> > > > \n> > > > > > (i) if the land is shown on a sealed plan as defined in Part 3 of the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) , a reference to that sealed plan; or\n> > > > > \n> > > > > > (ii) if the land is not shown on such a sealed plan, a description of the land by metes and bounds;\n> > > \n> > > > (b) the full name of the association in which the land or interest in the land is to be vested;\n> > > \n> > > > (c) details of the nature of the interest in the land that is to be vested in the association;\n> > > \n> > > > (d) the full name of each person who appears from the Registry to hold the land or interest in the land;\n> > > \n> > > > (e) a statement that, upon the registration of the memorial, the land or interest in the land becomes vested in the association by virtue of the operation of [section 13](/view/html/inforce/2026-04-12/act-1964-064#GS13@EN) of the Act.\n> \n> > (2)  For [section 13(3)](/view/html/inforce/2026-04-12/act-1964-064#GS13@Gs3@EN) of the Act, the following particulars and matters are prescribed:\n> > \n> > > > (a) the volume and folio number of the certificate of title to the land to which the notice relates;\n> > > \n> > > > (b) the full name of the association in which the land or interest in the land is to be vested;\n> > > \n> > > > (c) details of the nature of the interest in the land that is to be vested in the association;\n> > > \n> > > > (d) the full name of each person who appears from the certificate of title to hold the land or interest in the land;\n> > > \n> > > > (e) a statement that, upon entry of the land or interest in the land on the certificate of title of the memorial, the land or interest in the land becomes vested in the association by virtue of the operation of [section 13](/view/html/inforce/2026-04-12/act-1964-064#GS13@EN) of the Act.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Notices of alteration of rules, objects, &c., of incorporated associations","content":"### 10 Notices of alteration of rules, objects, &c., of incorporated associations\n\n> For [section 18(2)](/view/html/inforce/2026-04-12/act-1964-064#GS18@Gs2@EN) of the Act, the prescribed form is Form 2.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Notices of passing of special resolutions","content":"### 11 Notices of passing of special resolutions\n\n> > (1)  For [section 23(3)](/view/html/inforce/2026-04-12/act-1964-064#GS23@Gs3@EN) of the Act, the prescribed form is Form 2.\n> \n> > (2)  For [section 25(2)](/view/html/inforce/2026-04-12/act-1964-064#GS25@Gs2@EN) of the Act, the prescribed form is Form 3.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Applications for incorporation of associations under Act","content":"### 12 Applications for incorporation of associations under Act\n\n> For [section 25A(3)(c)](/view/html/inforce/2026-04-12/act-1964-064#GS25A@Gs3@Hpc@EN) of the Act, the following particulars are prescribed:\n> \n> > > (a) evidence of the incorporation, formation or registration of the company;\n> > \n> > > (b) details of any trust relating to the company;\n> > \n> > > (c) a copy of any deed or other instrument creating or embodying any trust referred to in [paragraph (b)](#GS12@Hpb@EN) .","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Fees and penalties","content":"### 13 Fees and penalties\n\n> A fee or penalty specified in Column 4 of [Schedule 2](#JS2@EN) is prescribed for the purposes of the section of the Act specified, opposite the fee, in Column 2 of that Schedule.","sortOrder":15},{"sectionNumber":"SCHEDULE 1 - Forms","sectionType":"part","heading":"SCHEDULE 1 - Forms","content":"# SCHEDULE 1 - Forms SCHEDULE 1 - Forms\n\n[Regulation 3(2)](#GS3@Gs2@EN)","sortOrder":16},{"sectionNumber":"Form 1 - Certificate of Incorp","sectionType":"division","heading":"Form 1 - Certificate of Incorporation of Association","content":"## Form 1 - Certificate of Incorp Form 1 - Certificate of Incorporation of Association\n\n[Regulation 7](#GS7@EN)\n\n[![graphic image](/image/ass07f1.gif)](/image/ass07f1.gif)","sortOrder":17},{"sectionNumber":"Form 2 - Notice of Special Res","sectionType":"division","heading":"Form 2 - Notice of Special Resolution","content":"## Form 2 - Notice of Special Res Form 2 - Notice of Special Resolution\n\n[Regulation 8(1)](#GS8@Gs1@EN) and [(2)](#GS8@Gs2@EN) ,  [10](#GS10@EN) and  [11(1)](#GS11@Gs1@EN)\n\n[![graphic image](/image/ass07f2.gif)](/image/ass07f2.gif)","sortOrder":18},{"sectionNumber":"Form 3 - Notice of Passing of ","sectionType":"division","heading":"Form 3 - Notice of Passing of Special Resolution for Amalgamation","content":"## Form 3 - Notice of Passing of  Form 3 - Notice of Passing of Special Resolution for Amalgamation\n\n[Regulation 11(2)](#GS11@Gs2@EN)\n\n[![graphic image](/image/ass07f31.gif)](/image/ass07f31.gif)\n\n[![graphic image](/image/ass07f32.gif)](/image/ass07f32.gif)","sortOrder":19},{"sectionNumber":"SCHEDULE 2 - Fees","sectionType":"part","heading":"SCHEDULE 2 - Fees","content":"# SCHEDULE 2 - Fees SCHEDULE 2 - Fees\n\n[Regulation 13](#GS13@EN)\n\n| Column 1 Item | Column 2 Section of Act | Column 3 Matter for which fee is payable | Column 4 Fee Units |\n| 1. | Section 7(2)(c) | Application for incorporation of association | 100 |\n| 2. | Section 8(1A)(a) | Granting of certificate of incorporation | 2 |\n| 3. | Section 24B(2) | Lodgment of annual return within 6 months after end of financial year | 40 |\n| 4. | Section 24B(3) | Late lodgment of annual return |  |\n|  |  | (a) if lodged between 6 and 7 months after end of financial year | 45 |\n|  |  | (b) if lodged more than 7 months after end of financial year | 55 |\n| 5. | Section 25A(3)(d) | Application to bring company under Act | 100 |\n| 6. | Section 37(2)(ac) | Perusal of documents by Commissioner | 2 |\n| 7. | Section 29(b) | Issue of copy of, or extract from, document lodged under Act |  |\n|  |  | Each sheet | 1 |\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 8 November 2017\n\nThese regulations are administered in the Department of Justice.","sortOrder":20}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the parent Act through forms, fees, and procedural requirements. No scope creep detected."},"complexity_factors":["Only 3 defined terms in the interpretation section (Act, document, Registry)","Straightforward structure: Preliminary, Documents, Miscellaneous, plus 2 Schedules","Minimal cross-referencing—mostly just pointing to specific sections of the parent Act","No nested exceptions or conditional logic beyond simple \"if/then\" fee structures","Short length (13 regulations plus forms and fee table)","Forms are referenced but not reproduced as text (graphic images only)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical \"how-to\" rules for incorporated associations in Tasmania (governed by the *Associations Incorporation Act 1964*). Think of them as the instruction manual that makes the main Act actually work.\n\n**Key things covered:**\n\n*   **Paperwork requirements** – Specifies exactly how forms must be submitted to the Commissioner (in person, by post, or email), and insists on A4 format that hasn't been altered.\n*   **Prescribed forms** – Sets out three specific forms:\n    *   **Form 1**: Certificate of incorporation (the \"birth certificate\" of an association)\n    *   **Form 2**: Notice of special resolutions (used when changing names, altering rules, or passing other major decisions)\n    *   **Form 3**: Notice for amalgamations (when two associations merge)\n*   **Aboriginal and Torres Strait Islander corporations** – Specifically recognises these Commonwealth-registered bodies as \"prescribed bodies corporate\" under the Tasmanian system.\n*   **Land transfers** – Details exactly what information must go on memorials and notices when land is transferred to an incorporated association (including sealed plan references or land descriptions, and title details).\n*   **Fees** – Sets the price tag for various actions (incorporation applications, late fees for annual returns, document copies, etc.) using a \"fee unit\" system.\n\n**Who it affects:**\n\nAnyone running or dealing with a Tasmanian incorporated association—community groups, sporting clubs, charities, and their public officers (the official contact person for the association).\n\n**Why it matters:**\n\nWithout these regulations, associations wouldn't know what forms to use, how much to pay, or how to properly notify the government of important changes. It keeps the system predictable and ensures land transfers to community groups happen with proper documentation."},"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":3,"scope_assessment":{"changed":false,"description":"These regulations implement procedural and administrative details required by the Associations Incorporation Act 1964 (forms, lodgment methods, prescribed particulars, and fees). They do not materially expand the substantive scope of the Act or add new regulatory powers; instead they specify how existing powers and processes under the Act are to operate (e.g., methods of lodgment, required form content, prescribed fees). The one notable content decision is to treat Commonwealth Aboriginal and Torres Strait Islander corporations as \"prescribed bodies corporate\" for the State Act (Reg 6), which is an implementing choice rather than a substantive expansion of the Act's subject-matter."},"complexity_factors":["Short instrument (13 regulations and 2 schedules) with limited substantive content","Only three defined terms in interpretation (Act, document, Registry) (Reg 3)","Multiple cross-references to the primary Act (Associations Incorporation Act 1964) and to other Acts for definitions (Reg 3, Reg 6)","Schedules: Schedule 1 contains prescribed forms (graphical), Schedule 2 contains a small fee table (Reg 13)","Some conditional logic: tiered late fees for annual returns (Sched 2 items 3–4), and multicomponent verification for name-change applications (Reg 8(2))","Administrative discretion for refusal of non-compliant documents creates practical interpretive scope (Reg 5(2))","Detailed particulars required for land memorials (nested subitems in Reg 9), adding a modest layer of procedural detail"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Prescribes the practical, administrative rules for carrying out the Associations Incorporation Act 1964. It sets how and in what form documents must be lodged with the Commissioner, the specific forms to be used for common transactions, the particulars required for certain land-related memorials and notices, which corporations count as \"prescribed bodies corporate,\" and the fees/penalties payable for specified services. (Regs 3–13, Scheds 1–2.)\n\n- Allows document lodgment by several methods: hand delivery, leaving with a staff member at the office, post or email. (Reg 4.)\n\n- Requires lodged documents to be A4, unaltered and legible; the Commissioner may refuse documents that do not meet those standards. (Reg 5(1)–(2).)\n\n- Prescribes that Aboriginal and Torres Strait Islander corporations under the Commonwealth Corporations (Aboriginal and Torres Strait Islander) Act 2006 count as \"prescribed bodies corporate\" for purposes of the Act. (Reg 6.)\n\n- Specifies the exact forms to be used for key transactions: Form 1 for certificates of incorporation; Form 2 for notices of special resolution and other rule/objects alterations; Form 3 for special resolution for amalgamation. The forms and their numbering are in Schedule 1. (Regs 7–11, Reg 3(2), Sched 1.)\n\n- Sets the particulars required for memorials and notices that vest land or an interest in land in an incorporated association (for example, plan or metes-and-bounds description, nature of interest, names shown on title and an express statement that the land will vest on registration). (Reg 9.)\n\n- Prescribes what must be lodged when applying to bring a company under the Act (evidence of incorporation/registration, details and deeds of any relevant trust). (Reg 12.)\n\n- Sets the schedule of fees and late lodgment penalties (expressed as fee units) for particular services: e.g. application for incorporation (100 fee units), grant of certificate (2 fee units), lodgment of annual return within six months (40 fee units), late annual returns (45 or 55 fee units depending on lateness), application to bring a company under the Act (100 fee units), perusal of documents (2 fee units), and copies (1 fee unit per sheet). (Reg 13, Sched 2.)\n\n\nWho is affected\n\n- Incorporated associations and groups seeking incorporation under the Act: they must use the prescribed forms and pay the prescribed fees when lodging applications or notices. (Regs 7–13, Scheds 1–2.)\n- Existing incorporated associations that hold or will receive land interests: they and the parties lodging memorials/notices must provide the specific land particulars set out. (Reg 9.)\n- Companies seeking to convert/come under the Act: they must supply evidence of incorporation and trust documents if relevant. (Reg 12.)\n- Aboriginal and Torres Strait Islander corporations (Commonwealth AATSIC corporations): they are explicitly prescribed as \"prescribed bodies corporate\" for the State Act. (Reg 6.)\n- The Commissioner (the regulator/registrar): gains express powers to refuse non‑compliant documents and to accept documents by email, post or hand. (Regs 4–5.)\n\n\nWhy it matters (purpose claims and operational effects)\n\n- The stated purpose is to operationalise the Act by fixing forms, lodgment rules and fees so the Commissioner and associations have uniform procedures. (See generally Regs 3–13 and Scheds 1–2.)\n\n- Practical effects and trade-offs:\n  - Lowers some friction: allowing email lodgment (Reg 4) and providing standard forms (Sched 1) can speed processing and reduce ambiguity about acceptable content. These changes reduce transaction costs for associations that prepare and lodge required documents correctly.\n  - Imposes compliance costs: associations must follow particular formatting rules (A4, unaltered, legible — Reg 5(1)), supply the specific particulars for land memorials (Reg 9), and assemble evidence of trusts/companies where required (Reg 12). Those requirements create time and document-gathering costs, especially for small or volunteer-run associations.\n  - Creates small direct fees: Schedule 2 attaches fee-unit costs to common transactions (incorporation applications, annual returns, perusal, copies). These are predictable charges that fund administration but fall on associations (Reg 13, Sched 2). Late lodgment tiers (Reg 13, Sched 2 items 3–4) create escalating charges for missed returns, which incentivise timely compliance but increase cost for late filers.\n  - Introduces administrative discretion: the Commissioner may refuse documents that do not meet formatting/legibility requirements (Reg 5(2)); that discretion focuses quality control but can create uncertainty for filers about borderline cases.\n\n\nIncentives and who pays\n\n- Associations and applicants pay the fees in Schedule 2 when they lodge the specified documents or miss lodgment deadlines. (Reg 13, Sched 2.)\n- The Commissioner and the Department administering the Act gain standardized procedures that reduce ad hoc decision-making (forms, prescribed particulars). Costs of administration are offset by fee income; enforcement and quality control remain with the Commissioner. (Regs 4–5, 7–13.)\n\n\nImplementation and compliance risks\n\n- Risk of rejection for minor non‑compliance (alteration, size, illegibility) under Reg 5(2) can cause delay and repeated lodgments.\n- Requiring specific land particulars (Reg 9) and trust instruments (Reg 12) may necessitate professional assistance (surveyors, lawyers), increasing cost for some associations.\n- Reliance on fee units means the dollar impact changes over time as the fee-unit value is adjusted elsewhere in the statutes; users must check the current fee-unit value to convert to dollars.\n\n\nConcrete section pointers (examples)\n\n- Methods of lodgment: Reg 4.\n- Document format and Commissioner’s power to refuse: Reg 5(1)–(2).\n- Prescribed bodies corporate (AATSIC corporations): Reg 6.\n- Forms for incorporation, name changes, special resolutions, amalgamation: Regs 7–11 and Schedule 1.\n- Particulars for memorials vesting land in an association: Reg 9.\n- Evidence required when bringing a company under the Act: Reg 12.\n- Fees and late penalties: Reg 13 and Schedule 2 (fee units listed per item).\n\n\nBottom line (neutral): these regulations do not change who may incorporate or the core substantive law in the Act. They set the operational rules — how to lodge, what to lodge, what forms to use, and what fees to pay — and therefore matter primarily for administrative compliance costs, processing times, and the predictability of dealings with the Commissioner."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, these regulations appear to serve their standard purpose as subordinate legislation supporting the Associations Incorporation Act — prescribing fees, forms, and administrative requirements. There is no indication of scope creep beyond the enabling Act's intentions. The regulations have remained in force unchanged since their commencement in November 2017, suggesting a stable and narrow administrative scope."},"complexity_factors":["Subordinate legislation (regulations) rather than primary legislation — generally simpler and more procedural in nature","Operates by reference to a parent Act (Associations Incorporation Act), requiring readers to cross-reference two documents","Primarily administrative and procedural content (fees, forms, prescribed matters) rather than substantive legal rights or obligations","Limited text was available for analysis, preventing full assessment of any complex provisions","Audience includes many non-lawyers (volunteer committee members) who may find even basic legal structure unfamiliar"],"plain_english_summary":"These regulations are the practical, supporting rules for Tasmania’s Associations Incorporation Act, setting out the administrative details that govern incorporated clubs, charities and not‑for‑profits. They affect volunteers, committee members, secretaries, people forming new associations, and regulators by prescribing fees, required forms, delegated matters and model rules.\n\nThey matter because they dictate the paperwork and charges organisations must follow, and non‑compliance can jeopardise legal standing."}},"importantCases":[],"_links":{"self":"/api/acts/associations-incorporation-regulations-2017","history":"/api/acts/associations-incorporation-regulations-2017/history","analysis":"/api/acts/associations-incorporation-regulations-2017/analysis","conflicts":"/api/acts/associations-incorporation-regulations-2017/conflicts","importantCases":"/api/acts/associations-incorporation-regulations-2017/important-cases","documents":"/api/acts/associations-incorporation-regulations-2017/documents"}}