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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;
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(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.
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(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.