Associations Act 2003
3Excluded matter for Corporations Act 2001
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3 Excluded matter for Corporations Act 2001 (1) The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies, other than the provisions specified in subsections (2) and (2A): (a) an incorporated association; (b) any act or omission of any person, body or other entity in relation to an incorporated association. (2) The following provisions are not excluded matters for section 5F of the Corporations Act 2001: (a) provisions that relate to any matter that the Regulations provide is not to be excluded from the operation of the Corporations legislation; (b) provisions that relate to the role of an incorporated association in the formation of a company; (c) provisions that relate to substantial holdings, by or involving an incorporated association, in a company;
Associations Act 2003 2 (d) provisions that confer or impose functions on an incorporated association as a member, or former member, of a corporation; (e) provisions that relate to dealings by an incorporated association in securities of a body corporate, other than securities of the association; (f) provisions that confer or impose functions on an incorporated association in its dealings with a corporation, not being dealings in securities of the association; (g) provisions that relate to securities of an incorporated association, other than debentures of or deposits with an incorporated association; (h) provisions relating to derivatives; (i) provisions relating to: (j) provisions relating to the carrying on of a financial services business relating to securities; (k) provisions relating to financial statements, and audits of financial statements, of: (l) provisions relating to money and scrip of clients of: (m) provisions relating to registers of interests in securities.
Associations Act 2003 3 (2A) If consent under section 56(2), or a direction under section 63(1)(b), is given to an association to apply to become incorporated under the Corporations Act 2001, that Act applies to the extent necessary for the association to make the application and to become incorporated under Chapter 5B of that Act. (3) The provisions specified in subsection (2) only apply to an incorporated association to the extent to which the association may engage in the activities covered by the provisions.