What it does
The Associations Incorporation Act 1964 establishes a statutory regime under which non-profit associations may obtain incorporation as bodies corporate. At its core, the Act permits an association formed for religious, educational, benevolent, charitable, medical, literary, scientific, artistic, recreational, community-centre or superannuation purposes (s.2(1)(a))—or any other body declared by the Minister (s.2(1)(b))—to apply for a certificate of incorporation (s.8(1)). Upon grant of that certificate the association becomes a body corporate with perpetual succession, a common seal, capacity to acquire hold and dispose of real and personal property, and the ability to sue and be sued in its corporate name (s.11(1)).
The Act prescribes the entire lifecycle of an incorporated association. It regulates the application process (s.7), name approval and change (ss.9-10), vesting of pre-incorporation property (s.13), appointment and notification of a public officer (ss.14-15), adoption and alteration of rules (ss.16, 18), execution of contracts (s.20), general powers including trusteeship and borrowing (s.21), accounts and audit obligations (ss.23A-24), annual returns (s.24B), amalgamation (s.25), transfer of incorporation from or to other entities (ss.25A-25F), winding up (s.32), distribution of surplus assets (s.33), and cancellation of incorporation (ss.34-34A). It expressly excludes associations formed for trading or pecuniary profit (s.2(1)).
Commonwealth corporations legislation is disapplied by s.3(1) except to the limited extent necessary for deregistration of companies that become incorporated associations, for special investigations (s.24A), administration (s.31A), winding up (s.32), and certain securities and debenture provisions (ss.21(5), 26A). The Act therefore creates a parallel but distinct regulatory track for not-for-profits that is administered by the Commissioner for Corporate Affairs.