65Dissolution

65 Dissolution (1) If the Director has reasonable cause to believe that an incorporated association is not carrying out its objects or is not in operation, the Director may send to the public officer of the association or, if there is no public officer, to a person who is apparently a member of the committee of the association, a letter to the effect that: (a) the Director is of the opinion that the association is not carrying out its objects or is not in operation; and

Associations Act 2003 44 (b) if an answer showing cause to the contrary is not received by the Director within one month after the date of the letter, a notice will be published in the Gazette under subsection (4) for dissolving the association. (2) The public officer of an incorporated association may apply to the Director for dissolution of the association under this section. (3) The application must: (a) be in the approved form; and (b) be accompanied by a statutory declaration specifying that the public officer has reasonable cause to believe the association is not carrying out its objects or is not in operation. (4) If the Director: (a) has not received, within one month after the date of the letter sent under subsection (1), an answer showing cause to the contrary; or (b) has received an application under subsection (2); the Director may: (c) publish in the Gazette; and (d) send to the public officer of the association or, if there is no public officer, to a person who is apparently a member of the committee of the incorporated association; a notice stating that, after 3 months after the date of that notice, the association will, unless cause is shown to the contrary, be dissolved. (5) After 3 months from the date of the notice under subsection (4), the Director may, unless cause to the contrary is previously shown, publish in the Gazette a notice that the association is dissolved. (6) If a notice is published under subsection (5): (a) the association is dissolved; and (b) the liability, if any, of each officer and member of the association continues and may be enforced as if it had not been dissolved.

Associations Act 2003 45 (7) If the Director is satisfied the dissolution of an incorporated association was the result of an error on his or her part, the Director must, by Gazette notice, reinstate the association and the association is taken to have continued in existence as if it had not been dissolved.