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Associations Act 2003
23Alteration of constitution etc.
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23 Alteration of constitution etc.
(1) The public officer of an incorporated association must, within
one month after an alteration of any of the following, file the
documents specified in subsection (2) with the Director:
(a) the objects or purposes of the association;
(b) the constitution of the association;
(c) a trust relating to the association.
(2) For subsection (1), the documents are:
(a) notice of the alteration; and
(b) a copy of each instrument evidencing the alteration; and
(c) a statutory declaration made by the public officer declaring:
(i) that the copy is a true copy of the instrument of which it
purports to be a copy; and
(ii) in the case of an alteration of the objects, purposes or
constitution of the association – that the alteration is
authorised, and was made in the manner provided, by
the constitution of the association.
(3) Subsection (4) applies if:
(a) under the constitution of an incorporated association, the
members of the association are liable to contribute towards
the payment of the debts and liabilities of the association or
the costs, charges and expenses of a winding up of the
(b) an alteration of the constitution of the association affects that
liability.
(4) The public officer of the association must, within one month after
the alteration, give notice of that alteration in:
(a) a newspaper circulating in the part of the Territory where the
association carries on its activities; and
(b) any other publication circulating in that part of the Territory
that the Director considers appropriate.
Associations Act 2003 19
(5) An alteration of the objects or purposes of an incorporated
association is of no effect until the alteration is approved by the
(6) Also, an alteration of the objects, purposes or constitution of an
incorporated association, or an alteration of a trust relating to an
incorporated association, is of no effect until the following
documents are filed with the Director:
(a) the notice of the alteration;
(b) the copy of each instrument evidencing the alteration;
(c) the statutory declaration;
(d) if notice of the alteration is required to be published in
accordance with subsection (4) – a copy of the notice.
(7) The Director may, by written notice given to an incorporated
association, require the association to file a consolidated copy of its
constitution with the Director within the time specified in the notice.
(8) In this section, a reference to an alteration of objects, purposes or
constitution or a trust includes a reference to an addition to, or the
revocation or rescission (whether in whole or part) of, those objects,
purposes or constitution or that trust.