Part 6Miscellaneous

Part 6—Miscellaneous 49A—General power of exemption of the Commission (1) The Commission may, on the application of an incorporated association, an officer of an incorporated association, or a person authorised by an incorporated association to make an application under this section— (a) extend any limitation of time prescribed by or under this Act whether or not the prescribed period has expired; or (b) exempt the association or any officer of the incorporated association from the obligation to comply with any provision of this Act. (2) An application under subsection (1) may be granted by the Commission on such conditions as it thinks fit. (3) Where an incorporated association or an officer of an incorporated association contravenes or fails to comply with a condition imposed by the Commission under subsection (2), the association or the officer (as the case may be) is guilty of an offence. (4) The Commission may, at any time by instrument in writing, revoke or vary an extension or exemption under subsection (1). 50—Reviews (1) Subject to this section, a person aggrieved by an act or decision of the Commission under this Act may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision. (2) An application for review under subsection (1) must be made within 21 days after the relevant act or decision of the Commission. (4) Where a decision of the Commission to cancel the incorporation of a defunct association is reversed on review, the Commission must restore the registration of the association under this Act and, if the Tribunal so orders, the incorporation of the association is to be taken to have continued during the period of deregistration. (5) Section 71 of the South Australian Civil and Administrative Tribunal Act 2013 does not apply to or in relation to a decision of the Tribunal under this section. (6) This section does not apply to or in relation to a decision of the Commission under section 41. 51—Minutes (1) An incorporated association must— (a) cause minutes of all proceedings of general meetings and of meetings of the committee to be entered in books kept for that purpose; and (b) cause those minutes to be— (i) confirmed by the members of the association present at a subsequent meeting; and (ii) signed by the member who presided at the meeting at which the proceedings took place or by the member presiding at the meeting at which the minutes are confirmed. (2) If a prescribed association fails to comply with subsection (1), the association and any officer of the association who is in default are each guilty of an offence. Maximum penalty: $2 500. (3) A minute that is entered, confirmed and signed in accordance with subsection (1) is, in the absence of proof to the contrary, to be accepted as proof of the proceedings to which the minute relates. (4) Where minutes have been entered, confirmed and signed in accordance with subsection (1), it is to be taken, in the absence of proof to the contrary, that— (a) the meeting to which the minutes relate was held; and (b) the proceedings that are recorded in the minutes as having occurred during the meeting occurred; and (c) all appointments of officers or auditors that are recorded in the minutes as having been made at the meeting were validly made. (5) The books containing the minutes of proceedings of any general meeting or of a meeting of the committee of an incorporated association must be kept by the association at the place at which the association is situated or established or in the custody of an officer of the association in accordance with its rules or a resolution of the committee of the association. (6) The books containing the minutes of proceedings of general meetings must be made available for inspection by any member without charge. (7) If default is made in complying with subsection (5) or (6), the incorporated association and any officer of the association who is in default are each guilty of an offence. (a) if the offence is committed in respect of a prescribed association—$2 500; or 53—Investing or depositing money with association (1) An incorporated association must not invite any person who is not a member of the association to invest or deposit money with the association, unless— (a) prior to or at the time of making any such invitation, the association issues to the person a disclosure statement in accordance with subsection (2); and (b) the Commission has approved the invitation. (2) For the purposes of this section, a disclosure statement must set out— (a) the name and principal objects of the association as set out in the rules of the association; and (b) the names, addresses and occupations of the members of the committee of the association; and (c) the total amount of deposits sought by the association; and (d) the purposes for which the deposits (if obtained) will be applied; and (e) the particulars of the security (if any) to be given in respect of the deposits; and (f) the rate of interest (if any) payable on the deposits; and (g) the terms of repayment of the deposits; and (h) details of the association's— (i) current assets and liabilities; and (ii) other assets and liabilities; and (iii) net tangible assets, as at the association's last balance date and the amount of any operating profit and extraordinary items after income tax for the association's last financial year. (3) Where a person invests or deposits money with an association in response to an invitation made contrary to subsection (1), the transaction is void. (4) A person who invests or deposits money with an association pursuant to a transaction that is void by virtue of subsection (3) may recover that money from the association as a debt. (5) Where a disclosure statement— (a) includes any statement— (i) that is false; or (ii) that is misleading in the form or context in which it is included; or (b) omits any matter or thing that is required to be included, any person who authorised or caused the disclosure statement to be issued is guilty of an offence. (6) It is a defence to a charge of an offence against subsection (5)— (a) that the statement or omission was immaterial; or (b) that he or she had reasonable grounds to believe, and did at the time of the issue of the disclosure statement believe, that the statement was not false or misleading or that the omission was immaterial; or (c) in the case of an omission—that the omission was inadvertent. (7) For the purposes of subsection (5) a statement is to be regarded as part of a disclosure statement if it is contained in any report or memorandum that appears on the face of, or is issued with, the disclosure statement, or is incorporated by reference in the disclosure statement, whether the reference occurs in the disclosure statement or in any other document. (8) The approval of the Commission under subsection (1) may be granted on such conditions as the Commission thinks fit and may, at any time, by instrument in writing, be varied or revoked by the Commission. (9) This section does not apply to an invitation by an association for the investment of money— (a) in a fund that was being maintained by the association on 1 March 1985; or (b) in accordance with an approval of the Commission given before the commencement of this section. 53A—Reservation of name (1) A person may apply to the Commission, in the prescribed form, for reservation of a name for a proposed incorporated association. (2) The Commission may accept an application for reservation of a name under this section if the Commission is satisfied that— (a) the application has been made in good faith; and (b) the name is available for reservation; and (c) the name satisfies the criteria prescribed by Part 3 in respect of names of associations applying for incorporation or amalgamation. (3) If the Commission accepts an application for reservation under this section— (a) the name proposed in the application will be reserved for a period of three months from the date of acceptance of the application; and (b) the Commission must not, during that three months, without the consent in writing of the applicant, accept any other application for reservation of a name or register any association under a name that is likely to be confused with the reserved name. (4) The Commission must maintain a register of names reserved under this section. (5) The Commission may cancel the reservation of a name under this section at any time before the expiration of the three month reservation period if— (a) the Commission becomes aware of any reason why the name should not have been reserved; or (b) the applicant notifies the Commission that he or she no longer wishes the name to be reserved. 54—Name of association to be printed etc on documents Subject to exceptions prescribed by regulation, an incorporated association must cause its name to be legibly printed, stamped or endorsed on every notice, advertisement, bill of exchange, receipt or other document given, published, drawn or issued by the association. 55—Prohibition against securing profits for members (1) Unless the Commission otherwise approves, an incorporated association must not conduct its affairs in a manner calculated to secure a pecuniary profit for the members of the association or any of them, or for associates of the members or any of them. (2) Unless the Commission otherwise approves, an incorporated association must not make a payment from its income or capital, or dispose of any of its assets in specie, to the members of the association or any of them, or to associates of the members or any of them. (3) Subsection (2) does not apply— (a) to reasonable remuneration of a member of the association for work done by the member for or on behalf of the association; or (b) to any payments or dispositions that are incidental to activities carried on by the association in accordance or consistently with its objects. (4) An officer of an incorporated association who is knowingly concerned in or party to a contravention of subsection (1) or (2) is guilty of an offence. Maximum penalty: $5 000 or imprisonment for one year. (5) The approval of the Commission under this section may be granted on such conditions as the Commission thinks fit and may, by instrument in writing, be varied or revoked by the Commission. 56—Public officer (1) An incorporated association must have a public officer. (2) The public officer of an association must be a natural person of or above the age of 18 years who is resident in the State. (3) If the public officer of an incorporated association ceases (otherwise than temporarily) to be resident in the State, he or she ceases to be the public officer of the association. (4) If an incorporated association is without a public officer for a period longer than one month, the association is guilty of an offence. (5) An incorporated association must within one month after any change in the identity or address of its public officer give notice to the Commission containing prescribed particulars of the change. (6) It is a defence to a charge of an offence against subsection (4) or (5) for the association to prove that the matters alleged against it did not arise from a failure by the association or its committee to exercise proper diligence. 57—Penalty for non-compliance with Act or a condition imposed under Act (1) If an officer of an incorporated association fails to take all reasonable steps to secure compliance by the association with its obligations under this Act, the officer is guilty of an offence. (2) If an incorporated association, or an officer of an incorporated association, contravenes or fails to comply with a condition imposed under this Act by the Commission or the Minister in relation to the association, the association or the officer (as the case may be) is guilty of an offence. 58—Falsification of books (1) An officer, former officer, member or former member of an incorporated association who conceals, destroys, mutilates or falsifies any books relating to or affecting the affairs of the association is guilty of an offence. (2) Where matter that is used or intended to be used in connection with the keeping of any books relating to or affecting the affairs of an incorporated association is recorded or stored in an illegible form by means of a mechanical device, an electronic device or any other device, a person who— (a) records or stores, by means of that device, matter that the person knows to be false or misleading in a material particular; or (b) destroys, removes or falsifies matter that is recorded or stored by means of that device, or has been prepared for the purpose of being recorded or stored, or for use in compiling or recovering other matter to be recorded or stored by means of that device; or (c) having a duty to record or store matter by means of that device, fails to record or store the matter by means of that device— (i) with intent to falsify any entry made or intended to be compiled, wholly or in part, from matter so recorded or stored; or (ii) knowing that the failure to so record or store the matter will render false or misleading in a material particular other matter so recorded or stored, commits an offence. (3) It is a defence to a charge arising under this section if the defendant proves that he or she acted honestly and that, in all the circumstances, the act or omission constituting the offence should be excused. 58A—General defence It is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. 59—Variation or revocation of trusts (1) This section applies to a trust— (a) which is referred to in the rules of the association; or (b) upon which any rule of the association relies for its operation. (2) Where a trust to which this section applies is varied or revoked, the trustees of the trust must, not later than one month after the variation or revocation (as the case may be) notify the Commission of that variation or revocation. 60—Misrepresentation as to incorporation under this Act A person must not, in order to gain an advantage for himself or herself or any other person, falsely represent that a body is an association incorporated under this Act. 61—Oppressive or unreasonable acts (1) A member or former member of an incorporated association may apply to the Supreme Court or the Magistrates Court for an order under this section on the ground that the association has engaged, or proposes to engage, in conduct that is oppressive or unreasonable. (2) An application by a former member must be made within six months of the cessation of the person's membership of the association. (3) A proceeding— (a) on an application made to the Magistrates Court under this section; or (b) on an application made to the Supreme Court under this section but transferred under section 19 of the Magistrates Court Act 1991 to the Magistrates Court, is a minor statutory proceeding for the purposes of the Magistrates Court Act 1991. (4) The Court hearing a proceeding under this section may, if satisfied that the association has engaged, or proposes to engage, in conduct that is oppressive or unreasonable, make one or more of the following orders: (a) an order for regulating the conduct of the association's affairs in the future; (b) an order directing the association to institute, prosecute, defend or discontinue specified proceedings, or authorising a member of the association to institute, prosecute, defend or discontinue specified proceedings in the name and on behalf of the association; (c) an order restraining a person from engaging in specified conduct or from doing a specified act or thing; (d) an order requiring a person to do a specified act or thing; (e) an order for the alteration of the rules of the association; (f) an order that a former member be reinstated as a member of the association; (g) any other order that is, in the opinion of the Court, necessary to remedy any default, or to resolve any dispute. (5) The Supreme Court may, in a proceeding under this section, if it considers it appropriate to do so, make an order that the association be wound up or an order appointing a receiver or a receiver and manager of the property of the association. (6) The Magistrates Court— (a) may not make an order that an association be wound up or an order appointing a receiver or a receiver and manager of the property of an association; but (b) must transfer a proceeding under this section to the Supreme Court if— (i) the Magistrates Court has explored any possible avenues of achieving a negotiated settlement and a negotiated settlement has not occurred; and (ii) it appears to the Magistrates Court that an order that the association be wound up or an order appointing a receiver or a receiver and manager of the property of the association may be an appropriate order in the proceeding. (7) The Magistrates Court may, in a proceeding under this section, on its own initiative or on an application by a party to the proceeding— (a) transfer the proceeding to the Supreme Court on the ground that the proceeding raises a complex question or matter of general importance; (b) despite section 41 of the Magistrates Court Act 1991, reserve a question of law for determination by the Supreme Court. (8) Where a proceeding has been transferred under this section, it may be continued and completed as if steps taken in the proceeding prior to the transfer had been taken in the Court to which it is transferred. (9) The Supreme Court may not make an order under this section that an association be wound up if it is of the opinion that the winding up of the association would unfairly prejudice members affected by conduct of the association that is oppressive or unreasonable. (10) If an order is made under this section that the association be wound up, the provisions of this Act relating to the winding up of an incorporated association apply, with such modifications, additions or exclusions as may be necessary, as if the order had been made on an application duly filed in the Supreme Court by the association. (11) If an order is made under this section appointing a receiver or a receiver and manager of the property of the association, any matter relevant to receivers or receivers and managers is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to any provisions of the Corporations Act 2001 of the Commonwealth that are relevant to receivers or receivers and managers, subject to such modifications (within the meaning of Part 3 of the Corporations (Ancillary Provisions) Act 2001) as may be prescribed by the regulations. (12) The Magistrates Court and Supreme Court may decline to hear a proceeding taken under this section if it considers that it would be more appropriate for the matter in dispute to be dealt with in another court or a tribunal constituted by law. (13) If an order under this section makes any alteration to the rules of an association, then, despite anything in any other provision of this Act but subject to the provisions of the order, the association does not have power, without the permission of the Court that made the order, to make any further alteration to the rules inconsistent with the provisions of the order but, subject to this section, the alteration has effect as if it had been duly made by resolution of the association. (14) An office copy of any order made on an application under this section must be lodged by the applicant with the Commission within 14 days after the making of the order. Maximum penalty: $750. (15) For the purposes of this section— (a) an association has engaged, or proposes to engage, in conduct that is oppressive or unreasonable if— (i) it has taken action, or proposes to take action, to expel a member from the association in circumstances in which the action was, or would be, oppressive or unreasonable; or (ii) it has engaged, or proposes to engage, in conduct that was, or would be, oppressive or unfairly prejudicial to, or unfairly discriminatory against, a member or was, or would be, contrary to the interests of the members as a whole; or (iii) the rules of the association contain, or are proposed to be altered so that they will contain, provisions that are oppressive or unreasonable; (b) a reference to engaging in conduct includes a reference to refusing or failing to take action. 62—Examination of persons concerned with associations (1) In this section, a reference, in relation to an association, to a prescribed person, is to be construed as a reference to a liquidator or provisional liquidator of the association or to any other person authorised by the Commission to make applications under this section or to make an application under this section in relation to that association. (2) Where it appears to the Commission or to a prescribed person that— (a) a person who has taken part or been concerned in the formation, management, administration or winding up of, or has otherwise taken part or been concerned in affairs of, an association has been, or may have been, guilty of fraud, negligence, default, breach of trust, breach of duty or other misconduct in relation to that association; or (b) a person may be capable of giving information in relation to the formation, management, administration or winding up of, or otherwise in relation to affairs of, an association, the Commission or prescribed person may apply to the Supreme Court for an order under this section in relation to the person. (3) Where an application is made under subsection (2) in relation to a person, the Court may, if it thinks fit, order that the person attend before the Court on a day and at a time to be fixed by the Court to be examined on oath or affirmation on any matters relating to the formation, management, administration or winding up of, or otherwise relating to affairs of, the association concerned. (4) An examination under this section must be held in private except to such extent (if any) as the Court considers that, by reason of special circumstances, it is desirable to hold the examination in public. (5) The Court, on making an order for an examination, or at any later time, on the application of any person concerned, may give such directions as to the matters to be inquired into, and, subject to subsection (4), as to the procedure to be followed (including, in the case of an examination in private, directions as to the persons who may be present), as it thinks fit. (6) A person who is ordered under subsection (3) to attend before the Court must not, without reasonable excuse— (a) fail to attend as required by the order; or (b) fail to attend from day to day until the conclusion of the examination. (7) A person attending before the Court for examination pursuant to an order made under subsection (3) must not refuse or fail to take an oath or make an affirmation. (8) A person attending before the Court for examination pursuant to an order made under subsection (3) must not refuse or fail to answer a question that he or she is directed by the Court to answer. (9) A person attending before the Court for examination pursuant to an order made under subsection (3), if directed by the Court to produce any books in his or her possession or under his or her control relevant to the matters on which he or she is to be, or is being, examined, must not refuse or fail to comply with the direction. (10) Where the Court so directs a person to produce any books and the person has a lien on the books, the production of the books does not prejudice the lien. (11) A person attending before the Court for examination pursuant to an order made under subsection (3) must not make any statement that is false or misleading in a material particular. (12) A person is not excused from answering a question put to him or her at an examination held pursuant to an order made under subsection (3) on the ground that the answer might tend to incriminate him or her but, where the person claims, before answering the question, that the answer might tend to incriminate him or her, the answer is not admissible in evidence against him or her in criminal proceedings other than proceedings under this section or other proceedings in respect of the falsity of the answer. (13) The Court may order the questions put to a person and the answers given by him or her at an examination under this section to be recorded in writing and may require him or her to sign that written record. (14) Subject to subsection (12), any written record of an examination so signed by a person, or any transcript of an examination of a person that is authenticated as provided by the rules of the Court, may be used in evidence in any legal proceedings against the person. (15) An examination under this section may, if the Court so directs and subject to the rules of the Court, be held before such other court as is specified by the Court and the powers of the Court under this section may be exercised by that other court. (16) A person ordered to attend before the Court or another court for examination under this section may, at his or her own expense, employ a solicitor, or a solicitor and counsel, and the solicitor or counsel, as the case may be, may put to him or her such questions as the Court, or the other court (as the case may be) considers just for the purpose of enabling him or her to explain or qualify any answers or evidence given by him or her. (17) The Court or another court before which an examination under this section takes place may, if it thinks fit, adjourn the examination from time to time. (18) Where the Court that made the order under subsection (3) for an examination is satisfied that the order for the examination was obtained without reasonable cause, the Court may order the whole or any part of the costs incurred by the person ordered to be examined to be paid by the applicant or by any other person who, with the consent of the Court, took part in the examination. 62A—Orders against persons concerned with associations (1) In this section, a reference to a prescribed person, in relation to an association, is to be construed as a reference to a liquidator or provisional liquidator of the association or to any other person authorised by the Commission to make applications under this section or to make an application under this section in relation to that association. (2) Subject to subsection (3), where, on application by the Commission or a prescribed person, the Supreme Court is satisfied that— (a) a person is guilty of fraud, negligence, default, breach of trust or breach of duty in relation to an association; and (b) the association has suffered, or is likely to suffer, loss or damage as a result of the fraud, negligence, default, breach of trust or breach of duty, the Court may make such order or orders as it thinks appropriate against or in relation to the person (including either or both of the orders specified in subsection (4)) and may so make an order against or in relation to a person notwithstanding that the person may have committed an offence in respect of the matter to which the order relates. (3) The Court may not make an order against a person under subsection (2) unless the Court has given the person the opportunity— (a) to give evidence himself or herself; and (b) to call witnesses to give evidence; and (c) to adduce other evidence in relation to the matters to which the application relates; and (d) to employ, at his or her own expense, a solicitor, or a solicitor and counsel, to put to him or her, or to any other witness, such questions as the Court considers just for the purpose of enabling him or her to explain or qualify any answers or evidence given by him or her. (4) The orders that may be made under subsection (2) against a person include— (a) an order directing the person to pay money or transfer property to the association; and (b) an order directing the person to pay to the association the amount of the loss or damage. (5) Nothing in this section prevents any person from instituting any other proceedings in relation to matters in respect of which an application may be made under this section. 62B—Civil proceedings not to be stayed No civil proceeding under this Act may be stayed by reason only that the proceeding discloses, or arises out of, the commission of an offence. 62C—Form and evidentiary value of books (1) A book that is required by this Act to be kept or prepared may be kept or prepared— (a) by making entries in a bound or looseleaf book; or (b) by recording or storing the matters concerned by means of a mechanical, electronic or other device; or (c) in any other manner approved by the Commission. (2) Subsection (1) does not authorise a book to be kept or prepared by a mechanical, electronic or other device unless— (a) the matters recorded or stored will be capable, at any time, of being reproduced in a written form; or (b) a reproduction of those matters is kept in a written form approved by the Commission. (3) An association must take all reasonable precautions, including such precautions (if any) as are prescribed, for guarding against damage to, destruction of or falsification of or in, and for discovery of falsification of or in, any book or part of a book required by this Act to be kept or prepared by the association. (4) A writing that purports to reproduce matters recorded or stored by means of a mechanical, electronic or other device is, unless the contrary is established, to be taken to be a reproduction of those matters. 62D—Continuing offences (1) Where a person is convicted of an offence against this Act and after that conviction the act or omission of the person that constituted the offence continues, the person is guilty of a further offence, and is liable to an additional penalty for each day on which the act or omission continues of an amount not exceeding one-tenth of the maximum penalty for the offence of which the person was convicted. (2) For the purposes of subsection (1), an obligation to do something is to be regarded as continuing until the act is done, notwithstanding that any period within which, or time before which, the act is required to be done, has expired or passed. 62E—Proceedings for offences (1) An offence against this Act that is not punishable by imprisonment is a summary offence. (2) An offence against this Act that is punishable by imprisonment is, subject to subsection (3), an indictable offence. (3) Where— (a) proceedings for an offence against this Act that is punishable by imprisonment are brought in a court of summary jurisdiction; and (b) the prosecutor requests the court to hear and determine the proceedings, the offence is to be taken to be a summary offence and must be heard and determined as such. (4) A court of summary jurisdiction may not— (a) impose, in respect of any one offence against this Act, a period of imprisonment exceeding two years; or (b) impose, in respect of offences against this Act, cumulative periods of imprisonment that, in aggregate, exceed five years. (5) Nothing in this section renders a person liable to be punished more than once in respect of the same offence. (6) A prosecution for an offence against this Act— (a) may be commenced— (i) by the Commission; or (ii) by an officer or employee of the Commission; or (iii) with the consent of the Minister, by any other person; and (b) must be commenced within three years after the date on which the offence is alleged to have been committed or such further period as the Minister may, in a particular case, allow. (7) A document apparently signed by the Minister and stating— (a) that the Minister consents to a particular prosecution; or (b) that the Minister allows a specified extension of the period for commencing a particular prosecution, is to be accepted, in the absence of proof to the contrary, as proof of the fact so stated. (8) In any proceedings for an offence against this Act, an allegation in the complaint that the complainant is an officer or employee of the Commission is, in the absence of proof to the contrary, to be accepted as proved. 63—Evidentiary provision (1) An apparently genuine document purporting to be under the seal of the Commission and to be a certificate of incorporation of an association is to be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the incorporation of the association on the date specified in the certificate. (2) An apparently genuine document purporting to be a copy of a document registered by, or lodged with, the Commission under this Act or the repealed Act and to be certified by the Commission as a true copy of such a document is to be accepted in any legal proceedings, in the absence of proof to the contrary, as a true copy of that document. (3) The reference in subsection (2) to a document that has been certified by the Commission includes, where a reproduction or transparency of that document has been incorporated with a register kept by the Commission, a reference to that reproduction or transparency. (4) An apparently genuine document purporting to be a copy of, or extract from, a record kept by an incorporated association and to be verified by an officer of the association authorised by the committee of the association for the purpose is to be accepted in any legal proceedings, in the absence of proof to the contrary, as a true copy of, or extract from, that record. (5) An apparently genuine document purporting to bear the common seal of an incorporated association is to be presumed in any legal proceedings, in the absence of proof to the contrary, to have been duly executed by the incorporated association. (6) In any proceedings— (a) a certificate purporting to be under the seal of the Commission and certifying that at a date or during a period specified in the certificate an association, or no association (as the case may be), was incorporated under this Act or the repealed Act, by a name specified in the certificate, is to be accepted, in the absence of proof to the contrary, as proof of the matters so certified; and (b) a certificate purporting to be under the seal of the Commission and certifying that an incorporated association has, or has not, complied with a requirement of this Act as to the filing or lodging of any document or return or the giving of any notice is to be accepted, in the absence of proof to the contrary, as proof of the matters so certified; and (c) a certificate purporting to be under the seal of the Commission and certifying that a specified incorporated association has altered its name in the manner specified in the certificate, including the dates on which the alterations were registered by the Commission, is to be accepted, in the absence of proof to the contrary, as proof of the matters so certified; and (d) a certificate purporting to be under the seal of the Commission and certifying that a specified incorporated association has been or is being wound up, including the date on which the winding up commenced and (if relevant) the date on which the association was dissolved, is to be accepted, in the absence of proof to the contrary, as proof of the matters so certified; and (e) a certificate purporting to be under the seal of the Commission and certifying that specified incorporated associations amalgamated to form an incorporated association specified in the certificate, including the date of incorporation of the amalgamated association, is to be accepted, in the absence of proof to the contrary, as proof of the matters so certified. (7) In any proceedings for an offence against this Act, an allegation in the complaint— (a) that an association is or was at a specified time incorporated under this Act; or (b) that an association is or was at a specified time a prescribed association; or (c) that the defendant is or was at a specified time an officer of an association named in the complaint; or (d) that any meeting of the members of an association required by a specified provision of this Act to be held has not been held as required by that provision, is, in the absence of proof to the contrary, to be accepted as proved. 64—Service Service of any process, notice or other document may be effected on an incorporated association— (a) by serving the process, notice or other document personally on the public officer or a member of the committee of the association; or (b) by serving the process, notice or other document by post on the public officer; or (c) by leaving the process, notice or other document at the address of the public officer with any person apparently over the age of 18 years; or (d) by transmitting it to the incorporated association by email to an email address provided to the Commission by the incorporated association for that purpose (in which case the process, notice, or other document will be taken to have been served at the time of transmission). 65—Use of abbreviation "Inc." For the purposes of this Act, the abbreviation "Inc." may be used in place of the word "Incorporated". 66—Fees in respect of lodging documents (1) Where a fee is payable to the Commission for or in respect of the lodging of a document with the Commission under this Act and the document is submitted without payment of the fee, the document is to be taken not to have been lodged until the fee has been paid to the Commission. (2) Notwithstanding subsection (1), the Commission may— (a) waive or reduce, in a particular case or classes of cases, fees that would otherwise be payable under this Act; and (b) refund, in whole or in part, any fee paid under this Act. 67—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1) those regulations may— (a) prescribe model rules with a view to their adoption by incorporated associations or associations intending to apply for incorporation under this Act; and (ab) modify or exclude the application of this Act in relation to Commonwealth registered entities (within the meaning of section 33); and (b) prescribe forms for the purposes of this Act; and (c) prescribe, and provide for the payment of, fees; and (d) authorise the destruction of specified classes of documents lodged with the Commission under this Act or the repealed Act; and (e) impose a fine not exceeding $1 250 for contravention of, or non-compliance with, a regulation. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Associations Incorporation Act 1985 repealed the following: Associations Incorporation Act 1956 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Associations Incorporation Act 1985 4.4.1985 28.6.1985 (Gazette 27.6.1985 p2244) Associations Incorporation Act Amendment Act 1985 7.11.1985 28.6.1985: s 2 Associations Incorporation (Miscellaneous) Amendment Act 1992 21.5.1992 1.6.1993 (Gazette 20.5.1993 p1694) Associations Incorporation (Miscellaneous) Amendment Act 1997 12.6.1997 1.2.1998 (Gazette 24.12.1997 p1860) Financial Sector Reform (South Australia) Act 1999 17.6.1999 Sch (item 5)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2) District Court (Administrative and Disciplinary Division) Amendment Act 2000 20.4.2000 Sch 1 (cl 3)—1.6.2000 (Gazette 18.5.2000 p2554) Statutes Amendment and Repeal (Attorney-General's Portfolio) Act 2000 20.7.2000 Pt 2 (s 4)—14.8.2000 (Gazette 10.8.2000 p444) Associations Incorporation (Oppressive or Unreasonable Acts) Amendment Act 2000 16.11.2000 15.2.2001 (Gazette 1.2.2001 p392) Statutes Amendment (Corporations) Act 2001 14.6.2001 Pt 5 (ss 9—19)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13 July 2001 (Gazette 21.6.2001 p2270) Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 9 (ss 41 & 42)—4.9.2006 (Gazette 17.8.2006 p2831) Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 9 (ss 32 & 33)—1.6.2007 (Gazette 26.4.2007 p1352) Statutes Amendment (Justice Portfolio) Act 2006 14.12.2006 Pt 3 (s 5)—18.1.2007 (Gazette 18.1.2007 p234) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 18 (s 36)—1.2.2010 (Gazette 28.1.2010 p320) Statutes Amendment (Commonwealth Registered Entities) Act 2016 2.6.2016 Pt 2 (ss 4—6)—1.1.2017 (Gazette 27.10.2016 p4237) Real Property (Electronic Conveyancing) Amendment Act 2016 16.6.2016 Sch 2—4.7.2016 (Gazette 30.6.2016 p2761) Statutes Amendment (SACAT No 2) Act 2017 28.11.2017 Pt 7 (ss 23 to 26)—22.2.2018 (Gazette 30.1.2018 p524) Associations Incorporation (Miscellaneous) Amendment Act 2019 Statutes Amendment and Repeal (Simplify) Act 2019 Pt 6 (ss 15 & 16)—1.7.2020 (Gazette 23.1.2020 p109) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title s 2 deleted by 36/1992 Sch 2 Pt 1 s 3 s 3(1) accounts substituted by 36/1992 s 3(a) authorised person beneficiary body corporate substituted by 23/2001 s 9(a) committee deleted by 36/1992 s 3(c) domestic partner inserted by 43/2006 s 32(1) financial year substituted by 29/1997 s 3 gross receipts inserted by 36/1992 s 3(d) insolvent under administration officer substituted by 36/1992 s 3(e) prescribed association inserted by 36/1992 s 3(e) putative spouse inserted by 36/1992 s 3(e) deleted by 43/2006 s 32(2) special resolution substituted by 100/1985 s 3 amended by 36/1992 s 3(f), (g) spouse inserted by 43/2006 s 32(3) total receipts and payments inserted by 36/1992 s 3(h) Tribunal inserted by 51/2017 s 23 s 3(2) amended by 36/1992 s 3(i) s 3(3) and (4) s 3(5) amended by 36/1992 s 3(j) deleted by 23/2001 s 9(b) s 3(6) inserted by 36/1992 s 3(k) amended by 23/2001 s 9(c) amended by 43/2006 s 32(4) s 3A inserted by 23/2001 s 10 s 4 substituted by 36/1992 s 4 Pt 2 s 5 s 6 s 6(1) s 6(2) amended by 29/1997 s 4(a) s 6(2a) inserted by 29/1997 s 4(b) s 7 substituted by 36/1992 s 5 s 7(5) s 8 deleted by 36/1992 s 5 ss 9 and 10 s 11 s 11(1) and (3) s 12 s 13 s 13(1) amended by 36/1992 s 6(a), Sch 2 s 13(2) amended by 36/1992 s 6(b), Sch 2 s 14 s 14(1) amended by 36/1992 s 7(a), (b), Sch 2 s 14(2) amended by 36/1992 s 7(c), Sch 2 s 14(3) s 14(4) amended by 36/1992 s 7(d), Sch 2 s 15 s 15(1) s 15(2) amended by 36/1992 s 8 s 17 substituted by 36/1992 s 9 s 17(1) s 17(2) amended by 51/2017 s 24 Pt 3 s 18 s 18(5) amended by 36/1992 s 10(a) s 18(6) amended by 36/1992 s 10(b), (c), Sch 2 amended by 43/2006 s 33 s 18(7) amended by 36/1992 s 10(d) s 19 s 19(2) amended by 36/1992 s 11, Sch 2 (b) deleted by 23/2019 s 3 s 20 s 20(1) and (3) s 20(4) s 21 s 21(2) substituted by 36/1992 s 12 s 22 s 22(1) amended by 36/1992 s 13(a) s 22(2) amended by 36/1992 s 13(b), Sch 2 s 22(3), (4), (6) s 22(7) s 22(8) s 22(9) inserted by 36/1992 s 13(c) s 23 s 23 (1) s 23 redesignated as s 23(1) by 36/1992 s 14 s 23(2) inserted by 36/1992 s 14 s 23A inserted by 36/1992 s 15 s 23A(1) (c)(iv) deleted by 29/1997 s 5 s 24 s 24(1) substituted by 36/1992 s 16 s 24(2) substituted by 36/1992 s 16 s 24(3) amended by 29/1997 s 6 (b) deleted by 23/2019 s 4 s 24(4) and (5) s 24(7) inserted by 100/1985 s 4 s 24A inserted by 29/1997 s 7 s 25 amended by 33/1999 Sch (item 5) 1.7.1999 s 28 Pt 4 Pt 4 Div 1 s 29 s 29(2) and (3) s 30 substituted by 36/1992 s 17 s 30(1)—(3) s 31 s 31(1) amended by 36/1992 s 18(a), (b), Sch 2 s 31(2) amended by 36/1992 s 18(c) s 31(3) s 32 s 32(1) amended by 36/1992 s 19(a), (b), Sch 2 s 32(2) substituted by 36/1992 s 19(c) s 33 deleted by 36/1992 s 20 Pt 4 Div 2 heading amended by 29/1997 s 8 s 34 deleted by 36/1992 s 21 ss 33—34B inserted by 24/2016 s 4 s 35 substituted by 36/1992 s 21 s 35(1) s 35(2) amended by 29/1997 ss 9(a), 21 (Sch) amended by 23/2001 s 11 s 35(4) amended by 29/1997 s 9(b) s 35(5) amended by 29/1997 s 9(c)—(f) s 35(7) s 36 s 36(1) amended by 36/1992 s 22(a) s 36(3) substituted by 36/1992 s 22(b) s 37 substituted by 36/1992 s 23 s 37(2) s 37(3) (d) deleted by 29/1997 s 10(a) amended by 23/2001 s 12 s 37(4) amended by 29/1997 s 10(b) s 37A inserted by 36/1992 s 23 Pt 4 Div 3 s 39 s 39(1) amended by 36/1992 s 24(a) substituted by 24/2016 s 5 s 39(2) amended by 36/1992 s 24(b) s 39(3) deleted by 36/1992 s 24(c) s 39(4) amended by 36/1992 s 24(d) Pt 4 Div 3A inserted by 36/1992 s 25 s 39A s 39A(1)—(4) s 39AB inserted by 44/2006 s 5 18.1.2007 Pt 4 Div 3B inserted by 36/1992 s 25 s 39C s 39C(3) Pt 4 Div 4 s 40 Pt 5 heading amended by 36/1992 s 26 Pt 5 Div 1 heading inserted by 29/1997 s 11 s 40A substituted by 23/2001 s 13 s 40B inserted by 29/1997 s 12 substituted by 23/2001 s 13 s 41 substituted by 36/1992 s 27 s 41(2) amended by 29/1997 s 13 amended by 57/2000 s 4 14.8.2000 substituted by 23/2001 s 14 s 41(5) amended by 17/2006 s 41 s 41A s 41B substituted by 29/1997 s 14 s 41C s 41D s 41D(1) amended by 23/2001 s 15 s 41E amended by 23/2001 s 16 s 42 s 42(3) amended by 36/1992 s 28(a) s 42(4) s 42(5) inserted by 36/1992 s 28(b) s 43 s 43(1) substituted by 36/1992 s 29 s 43(1a) inserted by 36/1992 s 29 s 43(2) and (4) amended by 36/1992 Sch 1 s 43A inserted by 29/1997 s 15 s 43A(7) substituted by 25/2019 s15 1.7.2020 s 44 s 44(1) substituted by 25/2019 s16 1.7.2020 s 44(3) inserted by 36/1992 s 30 s 44A inserted by 36/1992 s 31 s 45 s 45(1) deleted by 36/1992 Sch 2 s 45(3) s 46 s 46(3) amended by 100/1985 s 5 s 46(4)—(7) ss 47—49 Pt 5 Div 2 inserted by 29/1997 s 16 s 49AA s 49AA(4) relevant day amended by 23/2001 s 17 s 49AF s 49AF(2) amended by 23/2001 s 18 Pt 6 s 49A inserted by 36/1992 s 32 s 49A(3) s 49B inserted by 36/1992 s 32 deleted by 84/2009 s 36 1.2.2010 s 50 s 50(1) amended by 4/2000 s 9(1) (Sch 1 cl 3(a)) substituted by 51/2017 s 25(1) s 50(2) substituted by 51/2017 s 25(1) s 50(2a) inserted by 36/1992 s 33 deleted by 4/2000 s 9(1) (Sch 1 cl 3(b)) s 50(3) deleted by 4/2000 s 9(1) (Sch 1 cl 3(c)) s 50(4) amended by 4/2000 s 9(1) (Sch 1 cl 3(d)) amended by 51/2017 s 25(2), (3) s 50(5) amended in pursuance of the Acts Republication Act 1967 substituted by 51/2017 s 25(4) s 50(6) inserted by 51/2017 s 25(4) s 51 amended by 100/1985 s 6 substituted by 36/1992 s 34 s 51(2) and (7) s 52 deleted by 36/1992 s 35 s 53 substituted by 36/1992 s 36 s 53(5) s 53A inserted by 29/1997 s 17 s 54 amended by 36/1992 s 37, Sch 2 s 55 substituted by 36/1992 s 38 s 55(4) s 56 s 56(1) and (3) s 56(4) substituted by 36/1992 s 38(a) s 56(5) amended by 36/1992 s 38(b), Sch 2 s 57 substituted by 36/1992 s 40 s 57(1) and (2) s 58 deleted by 36/1992 s 41 inserted by 29/1997 s 18 s 58A inserted by 29/1997 s 18 s 59 s 59(2) amended by 36/1992 s 42, Sch 2 s 60 amended by 36/1992 s 43, Sch 2 s 61 amended by 36/1992 s 44, Sch 2 substituted by 65/2000 s 3 15.2.2001 s 61(11) substituted by 23/2001 s 19 s 61(13) amended by 17/2006 s 42 s 62 substituted by 36/1992 s 45 s 62(6)—(9) and (11) ss 62A—62E inserted by 36/1992 s 45 s 63 s 63(1), (2), (4) and (5) s 63(6) amended by 29/1997 s 19 s 63(7) inserted by 36/1992 s 46 s 64 amended by 23/2019 s 5 s 66 s 66(1) s 67 s 67(2) amended by 36/1992 s 47 amended by 24/2016 s 6 Sch inserted by 36/1992 s 48 (Sch 3) deleted by 29/1997 s 20 Transitional etc provisions associated with Act or amendments Associations Incorporation (Miscellaneous) Amendment Act 1992, Sch 1—Transitional provisions (1) The provisions of Div 2 of Pt 4 of the principal Act as in force immediately before the commencement of this Act continue to apply to an incorporated association in relation to a financial year of the association that commenced before the commencement of this Act. (2) The provisions of Div 2 of Pt 4 of the principal Act as amended by this Act apply to an incorporated association in relation to a financial year of the association that commences after the commencement of this Act. Statutes Amendment (SACAT No 2) Act 2017, Pt 7 26—Transitional provisions (1) A right of appeal under section 50 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court. (2) Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day. (3) In this section— principal Act means the Associations Incorporation Act 1985; relevant day means the day on which this Part comes into operation; Tribunal means the South Australian Civil and Administrative Tribunal. Historical versions Reprint No 1—1.7.1991 Reprint No 2—1.6.1993 Reprint No 3—1.2.1998 Reprint No 4—1.7.1999 Reprint No 5—1.6.2000 Reprint No 6—14.8.2000 Reprint No 7—15.2.2000 Reprint No 8—15.7.2001 18.1.2007 1.2.2010