Associations and Co-operatives Legislation Amendment Bill 2025
11—1 page i
Western Australia
Associations and Co-operatives Legislation
Amendment Bill 2025
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Part 2 — Associations Incorporation
Act 2015 amended
Act amended 3
Section 18 amended 3
Part 2 Division 4 inserted 3
Division 4 — Reservation of names
20A. Application for reservation of name 3
20B. Decision on application 3
20C. Duration of reservation of name 4
Section 23A inserted 4
23A. Rules imposing additional requirements
not inconsistent with Act 4
Section 24 amended 4
Section 50 amended 5
Section 51 amended 5
Section 52A inserted 6
52A. Holding meetings remotely in whole or
part 6
Section 53 amended 6
Section 54 amended 7
Section 56 amended 7
Sections 56A and 56B inserted 8
56A. Restriction of access to personal
information 8
56B. Secretary must pass on information if
contact details restricted 8
Associations and Co-operatives Legislation Amendment Bill 2025
Contents
page ii
15. Section 87 amended 9
16. Part 9 heading replaced 10
Part 9 — Administration, winding up and
restructuring
17. Part 9 Division 1 heading replaced 10
Division 1 — Voluntary administration, winding up
and restructuring
18. Section 121 amended 10
19. Section 121A inserted 11
121A. Restructuring under Corporations Act 11
20. Section 122 amended 12
21. Section 127 amended 12
22. Section 136A inserted 12
136A. Commissioner may revoke approval of
distribution plan 12
23. Section 138A inserted 13
138A. Amendment of approved distribution plan 13
24. Section 144 replaced 14
144. Grounds on which Commissioner may act 14
25. Section 167 amended 15
26. Section 169 amended 15
27. Section 182 amended 16
28. Part 16A inserted 17
Part 16A — Transitional provision for Associations
and Co-operatives Legislation Amendment
Act 2025
211A. Application of s. 54 to existing requests 17
29. Schedule 1 amended 18
30. Schedule 2 amended 18
31. Schedule 3 amended 18
Part 3 — Co-operatives Act 2009
amended
32. Act amended 19
33. Section 168 amended 19
34. Section 194 amended 19
35. Section 194A inserted 20
194A. Holding meetings remotely in whole or
part 20
36. Section 250 amended 20
Associations and Co-operatives Legislation Amendment Bill 2025
Contents
page iii
37. Section 484A inserted 21
484A. Technology neutral signing 21
38. Various references to “chairman” amended 23
page 1
Western Australia
LEGISLATIVE ASSEMBLY
Associations and Co-operatives Legislation
Amendment Bill 2025
A Bill for
An Act to amend the Associations Incorporation Act 2015 and the
Co-operatives Act 2009.
The Parliament of Western Australia enacts as follows:
Associations and Co-operatives Legislation Amendment Bill 2025
Part 1 Preliminary
s. 1
page 2
Part 1 — Preliminary1
Short title2
This is the Associations and Co-operatives Legislation3
Amendment Act 2025.4
Commencement5
This Act comes into operation as follows —6
(a) Part 1 — on the day on which this Act receives the7
Royal Assent (assent day);8
(b) sections 5, 12 to 14, 26 and 28 — on a day fixed by9
proclamation, and different days may be fixed for10
different provisions;11
(c) the rest of the Act — on the day after assent day.12
Associations and Co-operatives Legislation Amendment Bill 2025
Associations Incorporation Act 2015 amended Part 2
s. 3
page 3
Part 2 — Associations Incorporation Act 2015 amended1
3. Act amended2
This Part amends the Associations Incorporation Act 2015.3
4. Section 18 amended4
In section 18(3)(b) delete “duplicate instruments of title and5
other”.6
5. Part 2 Division 4 inserted7
At the end of Part 2 insert:8
9
Division 4 — Reservation of names10
20A. Application for reservation of name11
(1) An application for reservation of a name may be made12
to the Commissioner by an incorporated association or13
by an applicant for the incorporation of an association.14
(2) An application for reservation of a name —15
(a) must be in the approved form; and16
(b) must state the name to be reserved; and17
(c) must be accompanied by the fee prescribed by18
the regulations.19
20B. Decision on application20
(1) The Commissioner may determine an application for21
reservation of a name by reserving the name or by22
refusing the application.23
Associations and Co-operatives Legislation Amendment Bill 2025
Part 2 Associations Incorporation Act 2015 amended
s. 6
page 4
(2) An application for reservation of a name may be1
refused —2
(a) if the nominated name is not appropriate having3
regard to section 12; or4
(b) if the Commissioner is satisfied that the5
application has been made for an improper6
purpose.7
20C. Duration of reservation of name8
The reservation of a name expires at the end of the9
period of 3 months after the name is reserved or, if an10
application for the incorporation of an association or11
for a change in an incorporated association’s name is12
made within that period, when the application is13
determined.14
15
6. Section 23A inserted16
After section 23 insert:17
18
23A. Rules imposing additional requirements not19
inconsistent with Act20
The rules of an incorporated association are not21
inconsistent with this Act merely because the rules22
impose a requirement that is in addition to the23
requirements imposed by this Act.24
25
7. Section 24 amended26
In section 24(1) —27
(a) in paragraph (g) delete “Act.” and insert:28
29
Act;30
31
Associations and Co-operatives Legislation Amendment Bill 2025
Associations Incorporation Act 2015 amended Part 2
s. 8
page 5
(b) after paragraph (g) insert:1
2
(h) an association that is incorporated under an Act3
of another State or a Territory that corresponds4
to this Act;5
(i) an Aboriginal and Torres Strait Islander6
corporation as defined in the Corporations7
(Aboriginal and Torres Strait Islander)8
Act 2006 (Commonwealth) section 16.5;9
(j) a religious organisation incorporated by or10
under a written law;11
(k) an entity endorsed by the Commissioner of12
Taxation of the Commonwealth under the13
Income Tax Assessment Act 199714
(Commonwealth) as a deductible gift recipient.15
16
8. Section 50 amended17
After section 50(3) insert:18
19
(4) Subsection (1) does not apply to an incorporated20
association for a calendar year if, as a result of the21
Commissioner allowing a longer period under22
subsection (3)(b), the association does not hold an23
annual general meeting in that calendar year.24
25
9. Section 51 amended26
Delete section 51(5).27
Associations and Co-operatives Legislation Amendment Bill 2025
Part 2 Associations Incorporation Act 2015 amended
s. 10
page 6
10. Section 52A inserted1
At the end of Part 4 Division 4 insert:2
3
52A. Holding meetings remotely in whole or part4
(1) Unless the rules of an incorporated association state5
otherwise —6
(a) a general meeting of the association or a7
management committee meeting may be held in8
whole or in part using a telephone or other9
means of instantaneous communication; and10
(b) a person who is entitled to be present and heard11
at a general meeting of the association or a12
management committee meeting may13
participate in the meeting in whole or in part14
using a telephone or other means of15
instantaneous communication.16
(2) A person who participates in a general meeting or17
management committee meeting in reliance on18
subsection (1)(a) or (b) is taken to have attended and19
been present at the meeting and, if the person votes at20
the meeting, the person is taken to have voted in21
person.22
23
11. Section 53 amended24
After section 53(2) insert:25
26
(3) Subsection (2) does not prevent the incorporated27
association from including other information in the28
register of members, in accordance with the rules of the29
association.30
31
Associations and Co-operatives Legislation Amendment Bill 2025
Associations Incorporation Act 2015 amended Part 2
s. 12
page 7
12. Section 54 amended1
(1) Delete section 54(1) and insert:2
3
(1) Subject to section 56A, an incorporated association4
must, at the request of a member, make the register of5
members available for inspection by the member,6
within —7
(a) 30 days after the day of the request; or8
(b) a shorter period stated in the rules of the9
association for the purposes of this section.10
Penalty for this subsection: a fine of $2 750.11
12
(2) In section 54(2) after “Subject to” insert:13
14
section 56A and15
16
13. Section 56 amended17
(1) In section 56(3) after “Subject to” insert:18
19
section 56A and20
21
22
(2) In section 56(3) in the Penalty delete “Penalty:” and insert:23
24
Penalty for this subsection:25
26
Associations and Co-operatives Legislation Amendment Bill 2025
Part 2 Associations Incorporation Act 2015 amended
s. 14
page 8
14. Sections 56A and 56B inserted1
After section 56 insert:2
3
56A. Restriction of access to personal information4
(1) A member of an incorporated association may apply to5
the secretary of the association to restrict access to the6
personal information of the person recorded in the7
register of members.8
(2) A request under subsection (1) may seek to restrict9
access so that the personal information is available10
only to the Commissioner and the secretary.11
(3) If the secretary is satisfied that prescribed12
circumstances exist for doing so, the secretary must13
agree to the request.14
(4) If the secretary agrees to the request, access to the15
personal information is restricted in accordance with16
the request.17
(5) If the secretary refuses the request, the secretary must18
notify the member who made the request of the19
decision as soon as practicable and in any case within20
30 days from the date of the decision.21
(6) The notice must —22
(a) be in writing; and23
(b) include the reasons for the decision.24
56B. Secretary must pass on information if contact25
details restricted26
(1) This section applies if —27
(a) a member of an incorporated association (the28
first member) wishes to give information29
relating to the affairs of the association to30
Associations and Co-operatives Legislation Amendment Bill 2025
Associations Incorporation Act 2015 amended Part 2
s. 15
page 9
another member of the association (the second1
member); and2
(b) access to the second member’s contact details3
on the register of members of the association4
has been restricted under section 56A.5
(2) If the first member requests that the secretary of the6
incorporated association give the information to the7
second member, the secretary must do so as soon as8
practicable and in any case within 14 days from the9
date of the request.10
11
15. Section 87 amended12
(1) After section 87(2) insert:13
14
(2A) A reviewer or auditor may be appointed at a general15
meeting for a fixed term stated in the incorporated16
association’s rules for the purposes of this section.17
(2B) If a fixed term is stated in the incorporated18
association’s rules, the term must be at least 2 years but19
not more than 5 years.20
21
(2) In section 87(3):22
(a) in paragraph (e) delete “(5).” and insert:23
24
(5); or25
26
(b) after paragraph (e) insert:27
28
(f) completes a fixed term of appointment.29
30
Associations and Co-operatives Legislation Amendment Bill 2025
Part 2 Associations Incorporation Act 2015 amended
s. 16
page 10
16. Part 9 heading replaced1
Delete the heading to Part 9 and insert:2
3
Part 9 — Administration, winding up and4
restructuring5
6
17. Part 9 Division 1 heading replaced7
Delete the heading to Part 9 Division 1 and insert:8
9
Division 1 — Voluntary administration, winding up and10
restructuring11
12
18. Section 121 amended13
After section 121(3) insert:14
15
(4) If money is paid to the Commissioner by a liquidator16
under the Corporations Act section 544, the17
Commissioner has power to pay the debts and18
liabilities of the incorporated association and wind up19
its affairs.20
(5) The Commissioner may for the purposes of21
subsection (4) or any incidental purpose —22
(a) do all such other acts and things as are23
reasonably necessary or expedient; and24
(b) appoint a person to investigate the affairs of the25
association and exercise any power on behalf of26
the Commissioner; and27
(c) give such directions as the Commissioner28
thinks fit; and29
Associations and Co-operatives Legislation Amendment Bill 2025
Associations Incorporation Act 2015 amended Part 2
s. 19
page 11
(d) do or omit to do any act or thing, or take any1
step, that is prescribed.2
(6) The reasonable costs, charges and expenses of the3
Commissioner or a person appointed under4
subsection (5)(b) relating to the exercise and5
performance of the powers and functions conferred by6
or under subsections (4) and (5) in respect of an7
incorporated association are to be paid out of the8
money paid to the Commissioner as described in9
subsection (4).10
11
19. Section 121A inserted12
After section 121 insert:13
14
121A. Restructuring under Corporations Act15
(1) This section makes provision for the restructuring16
under the Corporations Act of an incorporated17
association.18
(2) Subsection (3) is made for the purposes of the19
Corporations (Ancillary Provisions) Act 2001 Part 3.20
(3) The restructuring of an incorporated association is21
declared to be an applied Corporations legislation22
matter in relation to the Corporations Act Part 5.3B23
subject to the following modifications —24
(a) the modifications to the text of that Act set out25
in Schedule 3;26
(b) such other modifications (within the meaning27
of the Corporations (Ancillary Provisions)28
Act 2001 Part 3) as may be prescribed by the29
regulations.30
31
Associations and Co-operatives Legislation Amendment Bill 2025
Part 2 Associations Incorporation Act 2015 amended
s. 20
page 12
20. Section 122 amended1
In section 122 delete “120 or 121” and insert:2
3
120, 121 or 121A4
5
21. Section 127 amended6
(1) In section 127(6)(a) delete “association;” and insert:7
8
association or restructuring practitioner for the association;9
10
(2) After section 127(6) insert:11
12
(7) In subsection (6) —13
restructuring practitioner has the meaning given in14
paragraph (a) of the definition of restructuring15
practitioner in the Corporations Act section 9.16
17
22. Section 136A inserted18
After section 136 insert:19
20
136A. Commissioner may revoke approval of distribution21
plan22
(1) The Commissioner may revoke approval of a23
distribution plan for an incorporated association if the24
Commissioner is of the opinion that the approval was25
based on incorrect information.26
(2) The Commissioner may act under subsection (1) on the27
application of the incorporated association or on the28
Commissioner’s own initiative.29
Associations and Co-operatives Legislation Amendment Bill 2025
Associations Incorporation Act 2015 amended Part 2
s. 23
page 13
(3) An application must —1
(a) be in writing; and2
(b) state the reasons for the application.3
(4) If the Commissioner acts under subsection (1), the4
Commissioner is taken to have refused to approve the5
distribution plan under section 136.6
7
23. Section 138A inserted8
After section 138 insert:9
10
138A. Amendment of approved distribution plan11
(1) The Commissioner may approve an amendment to a12
distribution plan approved under this Division for an13
incorporated association if satisfied that —14
(a) it is not possible for the distribution plan to be15
complied with; or16
(b) there are problems with interpreting,17
implementing or completing the distribution18
plan.19
(2) The Commissioner may act under subsection (1) on the20
application of the incorporated association.21
(3) An application must —22
(a) be in writing; and23
(b) state the reasons for the application.24
25
Associations and Co-operatives Legislation Amendment Bill 2025
Part 2 Associations Incorporation Act 2015 amended
s. 24
page 14
24. Section 144 replaced1
Delete section 144 and insert:2
3
144. Grounds on which Commissioner may act4
Section 145 applies if the Commissioner has5
reasonable cause to believe that —6
(a) an incorporated association was not at the time7
of incorporation eligible for incorporation8
under this Act; or9
(b) an incorporated association has contravened or10
is contravening section 17; or11
(c) an incorporated association is not in operation;12
or13
(d) an incorporated association has resolved to14
wind up but no person is prepared to act as15
liquidator; or16
(e) an incorporated association has failed to17
comply with a direction of the Commissioner18
under section 95; or19
(f) an incorporated association has refused or20
failed to remedy a contravention of this Act21
within 60 days after notice of the contravention22
has been given to the association by the23
Commissioner; or24
(g) it is in the public interest to cancel the25
incorporation of an incorporated association.26
27
Associations and Co-operatives Legislation Amendment Bill 2025
Associations Incorporation Act 2015 amended Part 2
s. 25
page 15
25. Section 167 amended1
Delete section 167(2)(a), (b) and (c) and insert:2
3
(a) that the document be appropriately amended4
and provided again for lodgment; or5
(b) that a fresh document be provided in its place6
for lodgment; or7
(c) if the document has not been duly completed,8
that —9
(i) the document be appropriately10
completed and provided again for11
lodgment; or12
(ii) a supplementary document in a form13
approved by the Commissioner be14
provided for lodgment.15
16
26. Section 169 amended17
In section 169(1) in the Table after item 4 insert:18
19
4A Refuse under section 20B(1) an
application to reserve a name
The incorporated
association or
applicant for
incorporation that
made the
application
20