83Cancellation where continued incorporation

83 Cancellation where continued incorporation inappropriate (1) If the registrar-general is satisfied that the continued incorporation of an association under this Act would be inappropriate or inconvenient because of the registrar-general’s assessment of— (a) the scale or nature of the activities of the association; or (b) the value or nature of the property of the association; or (c) the extent or nature of the association’s dealings with persons who are not members or applicants for membership of the (d) serve a notice on the association; and (e) give public notice in relation to the association. (2) A notice under subsection (1) (d) and (e) must— (a) contain a statement to the effect that the incorporation of the association will be cancelled under this section unless, within 2 months of the date when the notice was served or published, whichever is the later, the association— (i) obtains the registrar-general’s permission to apply for registration of the association under a corporation law; or

(ii) by special resolution, resolves to implement an arrangement that, if approved of by the registrar-general, will preserve the continued incorporation of the association under this Act; and (3) The registrar-general may, if satisfied on application in writing by an association, extend the period for compliance with a notice referred to in subsection (2). (4) The registrar-general may approve of an arrangement referred to in subsection (2) (a) (ii) if satisfied that, subject to being implemented to the satisfaction of the registrar-general, it will preserve the continued incorporation of the association under this Act. (5) In considering an arrangement referred to in subsection (2) (a) (ii), the registrar-general may make the arrangement subject to conditions that, if properly observed by the association, will preserve the continued incorporation of the association under this Act. (6) If an association— (a) has not complied with either of the requirements of a notice referred to in subsection (2); or (b) has not implemented an arrangement as approved by the registrar-general; (c) serve a further notice on the association; and (d) give a further public notice in relation to the association.

Transfer of incorporation Part 6 (7) A notice referred to in subsection (6) (c) and (d) must— (a) contain a statement to the effect that the incorporation of the association will be cancelled, unless within 1 month after the date when the notice was served or published, whichever is the later, the association shows cause why the incorporation of the association should not be cancelled by the registrar-general; and (8) If the registrar-general has, in accordance with subsection (6), served a notice on an incorporated association and published a notice in relation to the association the registrar-general may, on the expiration of the period of 1 month referred to in the notice, cancel the incorporation of the association unless the registrar-general is satisfied within that period that the continued incorporation of the association under this Act would not be inappropriate or inconvenient. (9) A cancellation of incorporation under subsection (8) is a notifiable instrument. (10) The provisions of part 7 that relate to the cancellation of the incorporation of an association under the part apply in relation to the cancellation of the incorporation of an association under this section.