ACTIn ForceAct
Associations Incorporation Act 1991
26Amalgamation of incorporated associations
Start here
Get a plain-English read of 26
Turn the raw legal text into a practical explanation grounded in Associations Incorporation Act 1991.
26 Amalgamation of incorporated associations
(1) Two or more incorporated associations proposing to amalgamate (in
this division called the amalgamating associations) may lodge with
the registrar-general a joint application for incorporation as a single
association (in this division called the new association) if—
(a) the terms of the proposed amalgamation and a statement of the
objects of the new association have each been approved by a
special resolution passed by each amalgamating association; and
(b) the model rules as in force from time to time, or other rules that
comply with section 32, have been adopted as the rules of the
new association by a special resolution passed by each
amalgamating association.
(2) An application—
(a) must state—
(i) the proposed name of the new association (being a name
that complies with division 3.5); and
(ii) the name and address of the person nominated by the
amalgamating associations to be the inaugural public
officer of the new association; and
(iii) the names and addresses of at least 3 persons nominated by
the amalgamating associations to be the inaugural
members of the committee of the new association; and
(iv) the address and hours of opening of the registered office (if
any) of the new association in accordance with
section 121 (1); and
Division 3.3 Incorporation of amalgamating associations
(v) the prescribed particulars (if any); and
confidential (see s 13A (2)). However, a public officer must have
at least 1 address publicly available for service of documents (see
s 13A (4)).
(b) must be accompanied by—
(i) a copy of the statement of the objects of the new
association approved in accordance with section 26 (1) (a);
and
(ii) a statement to the effect that the model rules as in force
from time to time have been adopted in accordance with
section 26 (1) (b) as the rules of the new association, or a
copy of other rules adopted in accordance with that section
as the rules of the new association; and
(iii) a notice stating particulars of any trust relating to the
amalgamating associations or the new association, with a
copy of the deed or other instrument creating the trust; and
(iv) a statement to the effect that the resolutions referred to in
subsection (1) (a) and (b) have been duly passed by the
amalgamating associations; and
(v) a statement by the applicants in accordance with
subsection (3); and
(vi) the prescribed documents (if any).
(3) A statement for subsection (2) (b) (v) must be made jointly by the
amalgamating associations to the effect that—
(a) the particulars stated in the application are correct; and
(b) the copy of each document accompanying the application is a
true copy of the document.
Incorporation of amalgamating associations Division 3.3