sec.93Cancellation of incorporation by chief executive—generally

### sec.93 Cancellation of incorporation by chief executive—generally In any case where the chief executive has reasonable cause to believe that on any 1 or more of the following grounds— an incorporated association is carrying on or proposes to carry on any operation which is beyond the scope of the objects of the incorporated association; an incorporated association has ceased to exist; an incorporated association is, by the nature of its operations or transactions, doing anything which would have excluded it from incorporation under this Act; an incorporated association has less than 7 members; in the opinion of the chief executive, circumstances exist which, in the public interest, justify the cancellation of the incorporation of an incorporated association; an incorporated association has not lodged with the chief executive the documents required to be lodged under part 6 , division 2 ; it is desirable that the incorporation of an incorporated association be cancelled, the chief executive may serve, on a person appearing to the chief executive from records kept under this Act to be a relevant officer of the incorporated association, a notice— setting out the ground or grounds for the proposed cancellation of the incorporation of the incorporated association; and requiring the relevant officer within 1 month from the date of the notice, to satisfy the chief executive why the incorporation of the incorporated association should not be cancelled; and stating that unless the chief executive is so satisfied by the relevant officer within that period, the chief executive will cancel the incorporation of the incorporated association. If the chief executive is not satisfied as provided in subsection (1) within the time specified therein, the chief executive shall cancel the incorporation of the incorporated association and serve, on the person served with a notice under subsection (1) , a notice that the incorporation of the incorporated association is cancelled. In this section— relevant officer , of an incorporated association, means— the secretary or another officer of the incorporated association; or if the incorporated association has ceased to exist—a person appearing to the chief executive to have been the last known secretary or other officer of the incorporated association. s 93 amd 1990 No. 80 s 3 sch 6 ; 1995 No. 7 s 3 sch ; 2002 No. 13 s 5 ; 2007 No. 16 s 27 ; 2020 No. 17 s 37; 2022 No. 27 s 80 (sec.93-ssec.1) In any case where the chief executive has reasonable cause to believe that on any 1 or more of the following grounds— an incorporated association is carrying on or proposes to carry on any operation which is beyond the scope of the objects of the incorporated association; an incorporated association has ceased to exist; an incorporated association is, by the nature of its operations or transactions, doing anything which would have excluded it from incorporation under this Act; an incorporated association has less than 7 members; in the opinion of the chief executive, circumstances exist which, in the public interest, justify the cancellation of the incorporation of an incorporated association; an incorporated association has not lodged with the chief executive the documents required to be lodged under part 6 , division 2 ; it is desirable that the incorporation of an incorporated association be cancelled, the chief executive may serve, on a person appearing to the chief executive from records kept under this Act to be a relevant officer of the incorporated association, a notice— setting out the ground or grounds for the proposed cancellation of the incorporation of the incorporated association; and requiring the relevant officer within 1 month from the date of the notice, to satisfy the chief executive why the incorporation of the incorporated association should not be cancelled; and stating that unless the chief executive is so satisfied by the relevant officer within that period, the chief executive will cancel the incorporation of the incorporated association. (sec.93-ssec.2) If the chief executive is not satisfied as provided in subsection (1) within the time specified therein, the chief executive shall cancel the incorporation of the incorporated association and serve, on the person served with a notice under subsection (1) , a notice that the incorporation of the incorporated association is cancelled. (sec.93-ssec.3) In this section— relevant officer , of an incorporated association, means— the secretary or another officer of the incorporated association; or if the incorporated association has ceased to exist—a person appearing to the chief executive to have been the last known secretary or other officer of the incorporated association. - (a) an incorporated association is carrying on or proposes to carry on any operation which is beyond the scope of the objects of the incorporated association; - (b) an incorporated association has ceased to exist; - (c) an incorporated association is, by the nature of its operations or transactions, doing anything which would have excluded it from incorporation under this Act; - (d) an incorporated association has less than 7 members; - (e) in the opinion of the chief executive, circumstances exist which, in the public interest, justify the cancellation of the incorporation of an incorporated association; - (f) an incorporated association has not lodged with the chief executive the documents required to be lodged under part 6 , division 2 ; - (g) setting out the ground or grounds for the proposed cancellation of the incorporation of the incorporated association; and - (h) requiring the relevant officer within 1 month from the date of the notice, to satisfy the chief executive why the incorporation of the incorporated association should not be cancelled; and - (i) stating that unless the chief executive is so satisfied by the relevant officer within that period, the chief executive will cancel the incorporation of the incorporated association. - (a) the secretary or another officer of the incorporated association; or - (b) if the incorporated association has ceased to exist—a person appearing to the chief executive to have been the last known secretary or other officer of the incorporated association.