Div 3Rules

Division 3—Rules 23—Rules binding on association and its members (1) The rules of an incorporated association bind the association and all members of the association. (2) The reference in this section to the rules of an association extends to rules, by-laws or ordinances of the association relating to any matter. 23A—Contents of rules of an incorporated association (1) The rules of an incorporated association— (a) must state the name of the association and set out its objects; and (b) must not contain any provision that is contrary to or inconsistent with this Act; and (c) must contain provisions that, in the opinion of the Commission, deal with the following matters with sufficient particularity and certainty having regard to the nature and objects of the association: (i) membership in the case of an association that has members; (ii) the powers, duties and manner of appointment of the committee of the association; (iii) the appointment of an auditor in the case of an association that is a prescribed association; (v) the calling of and procedure at general meetings; (vi) who has the management and control of the funds and other property of the association; (vii) the powers of the association and by whom and in what manner they may be exercised; (viii) the manner in which the rules of the association may be altered; (ix) any other matter prescribed by regulation. (2) This section applies only to rules, or an alteration to rules, submitted to the Commission for registration after the commencement of this section. 24—Alteration of rules (1) An alteration to a rule of an incorporated association may be made by a special resolution of the association unless other provision is made in the rules of the association. (2) An incorporated association must, within one month after making an alteration to a rule, register the alteration with the Commission. (3) An application for registration of a proposed alteration of the rules of an incorporated association— (a) must be made in the prescribed form; and (c) must be accompanied by the prescribed fee. (4) Subject to subsection (5), where the Commission is satisfied that the proposed alteration conforms with the requirements of this Act, the Commission must register the alteration. (5) Where an alteration to the rules of an incorporated association consists of or includes an alteration to the name of the association— (a) the Commission must not register the alteration unless it is satisfied that the name— (ii) is not such as is likely to be confused with the name of any other body corporate or any registered business name; and (iv) conforms with any directions of the Minister as to the names of incorporated associations; and (b) the Commission must, if it registers the alteration, issue to the association a new certificate of incorporation and make an appropriate notation on the register of incorporated associations. (6) Subject to any provision in the rules of the association or a resolution to the contrary, an alteration to the rules of an incorporated association comes into force at the time that the alteration is passed. (7) Notwithstanding subsection (6), an alteration to the name of an incorporated association does not come into force until the alteration is registered by the Commission in accordance with this section. 24A—Court may order variation of rules (1) The rules of an incorporated association may be varied, on the application of the association, by the Supreme Court. (2) Where the rules of the incorporated association provide for the membership of the association, a meeting of the members must be held, before an application is made under this section, to explain the purposes of the proposed application and seek the views of the members in relation to the proposed application. (3) Notice of an application under this section must be given as the Supreme Court directs. (4) The Supreme Court may, on application under this section, order that the rules of an incorporated association be varied in a manner the Court thinks fit, if it is satisfied that— (a) the rules unduly limit the conduct of the association's affairs; and (b) the variation of the rules— (i) is consistent with the objects of the association; and (ii) will not prejudice any member of the association; and (iii) is justified in the circumstances of the particular case. (5) Before making an order under this section the Supreme Court must have regard to any views expressed by members of the association in relation to the proposed variation at a meeting held in accordance with subsection (2). (6) The Commission is entitled to appear and be heard in relation to an application under this section.