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Associations Incorporation Act 1991
Sch 3Reviewable decisions
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Schedule 3 Reviewable decisions
Schedule 3 Reviewable decisions
(see pt 10)
column 1
item
column 2
section
column 3
decision
column 4
entity
1 13 (1) refuse to receive or register
document submitted for
lodgment
association lodging
document
2 19 refuse application for
incorporation of association or
proposed association
applicant for incorporation
3 27 refuse application for
incorporation of amalgamating
applicant for incorporation
4 39 (1) direct association to change
name
association given direction
5 70C (2) refuse application for
exemption from revenue
threshold
applicant for exemption
6 70C (3) impose conditions on
exemption
applicant for exemption
7 83 (8) cancel incorporation of
incorporation cancelled
8 93 (3) cancel incorporation of
incorporation cancelled
9 114 withhold approval to invitation
for investment in incorporated
association that seeks
approval
10 120 (1) refuse application for extension
of time
applicant for extension of
time
11 120 (2) vary or revoke grant of
extension of time
extension of time varied or
revoked
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• bankrupt or personally insolvent
• Corporations Act
• disallowable instrument (see s 9)
• document
• entity
• financial year
• function
• home address
• land titles register
• notifiable instrument (see s 10)
• public holiday
• registrar-general
• reviewable decision notice.
accounting records includes invoices, receipts, orders for the
payment of money, bills of exchange, cheques, promissory notes,
vouchers and other documents of prime entry, books and records
which record documents of prime entry, and any working papers and
documents that are necessary to explain the methods and calculations
by which accounts are made up.
ACNC registered entity means a registered entity under the
Australian Charities and Not-for-profits Commission
Act 2012 (Cwlth).
annual general meeting, in relation to an incorporated association,
means a meeting of the association held under section 68 or 69.
approved form means a form approved by the registrar-general under
section 126 (Approved forms).
auditor, of an association’s statement of accounts, for part 5 (Record
keeping and reporting)—see section 70B.
authorised person means a person authorised to apply for the
incorporation of an association or proposed association under
section 16 (a).
banking corporation means a bank, building society or credit union.
books—
(a) for this Act generally—includes any register or other record of
information and any accounts or accounting records, however
compiled, recorded or stored and any other document; and
(b) for part 8 (Investigation of association’s affairs)—see section 99
(1).
certificate of incorporation means a certificate of incorporation
issued under section 19, section 27 or section 38 (3).
committee, in relation to an association, means the committee of the
association established under section 60 (1).
company limited by guarantee, for part 6 (Transfer of
incorporation)—see section 81.
constitution, for part 6 (Transfer of incorporation)—see section 81.
corporation law, for part 6 (Transfer of incorporation)—see
section 82 (1).
court means the Supreme Court or the Magistrates Court.
financial year, in relation to an incorporated association, means the
period, not exceeding 12 months, fixed by the rules of the association
as the financial year of the association for this Act.
inaugural member of a committee means a person who is, under
section 61, taken to be an inaugural member of the committee of an
incorporated association.
inaugural public officer means the person who is, under section 58,
taken to be the inaugural public officer of an incorporated association.
incorporated means incorporated under this Act or the repealed Act.
incorporation, in relation to a nonexistent incorporated association,
for division 3.6 (Contracts)—see section 42.
large association, for a financial year, for part 5 (Record keeping and
reporting)—see section 70B.
medium association, for a financial year, for part 5 (Record keeping
and reporting)—see section 70B.
member, in relation to membership of an incorporated association
whether as an individual or as a body corporate, includes associate
member or any other class of member.
model rules means the rules prescribed under section 127 (2) (a).
objects, in relation to an incorporated association, means the objects
that are, under section 29, the objects of the association.
officer, in relation to an incorporated association, means—
(a) a member of the committee of the association; or
(b) the public officer, secretary, treasurer or executive officer of the
association, the holder of any other office of the association
(however described) or a person occupying any of the
abovementioned offices, whether validly appointed or not; or
(c) any other person who is concerned in or takes part in the
management of the association’s affairs;
but does not include a patron or the holder of another honorary office
of the association if the office does not give its incumbent a right to
participate in the management of the association’s affairs.
pecuniary gain—see section 4.
public officer, in relation to an incorporated association, means the
person appointed to be the public officer of the association in
accordance with section 57.
purport—
(a) to enter into a contract, for division 3.6 (Contracts)—see
section 42; and
(b) to execute a contract, for division 3.6 (Contracts)—see
section 42.
register of members—means the register kept under section 67.
repealed Act means the Associations Incorporation Act 1953 as in
force from time to time before 1 January 1992.
reproduction, in relation to a document, means—
(a) a machine-copy of the document; or
(b) a print made from the negative of the document; or
(c) if an image of the document has been stored by means of a
computer or by other electronic means—a print-out of the
image.
required statement, for part 5 (Record keeping and reporting)—see
section 70B.
reviewable decision, for part 10 (Notification and review of
decisions)—see section 118.
reviewer, of an association’s statement of accounts, for part 5 (Record
keeping and reporting)—see section 70B.
rules, in relation to an incorporated association, means the rules that
are, under section 31 (1), the rules of the association.
small association, for a financial year, for part 5 (Record keeping and
reporting)—see section 70B.
special resolution means a resolution passed in accordance with
section 70.
1 About the endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Associations Incorporation Act 1991 A1991-46
notified 30 September 1991 (Gaz 1991 No S97)
s 1, s 2 commenced 30 September 1991 (s 2 (1))
remainder commenced 1 January 1992 (s 2 (2) and Gaz 1991
No S140)
as amended by
Statute Law Revision (Miscellaneous Provisions) Act 1993 A1993-1
notified 1 March 1993 (Gaz 1993 No S23)
commenced 1 March 1993
Registrar-General (Consequential Provisions) Act 1993 A1993-64
notified 6 September 1993
s 1, s 2 commenced 6 September 1993 (s 2 (1))
sch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)
Real Property (Consequential Provisions) Act 1993 A1993-90 sch
notified 17 December 1993
s 1, s 2 commenced 17 December 1993 (s 2 (1))
sch commenced 1 January 1994 (s 2 (2) and Gaz 1993 No S270)
Associations Incorporation (Amendment) Act 1994 A1994-21
notified 20 May 1994 (Gaz 1994 No S87)
commenced 20 May 1994 (s 2)
Administrative Appeals (Consequential Amendments) Act 1994
A1994-60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)
Land Titles (Consequential Amendments) Act 1995 A1995-54 sch 1
notified 20 December 1995 (Gaz 1995 No S313)
commenced 20 June 1996 (s 2)
Financial Institutions (Removal of Discrimination) Act 1997 A1997-88
sch
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch commenced 31 December 1997 (s 2 (2) and Gaz 1997 No S442)
Legal Practitioners (Consequential Amendments) Act 1997 A1997-96
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Law Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
commenced 10 November 1999 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 24
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 24 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Criminal Code (Theft, Fraud, Bribery and Related Offences)
Amendment Act 2004 A2004-15 sch 2 pt 2.7
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.7 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.2
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))
sch 3 pt 3.2 commenced 25 August 2004 (s 2 (1))
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.3
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.3 commenced 2 June 2005 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.8
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.8 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.4
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
sch 3 pt 3.4 commenced 11 July 2007 (s 2 (1))
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 (No 2) A2008-37 sch 1 pt 1.10
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.10 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Justice and Community Safety Legislation Amendment Act 2009
(No 2) A2009-19 pt 2
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
pt 2 commenced 29 September 2009 (s 2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.6
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.6 commenced 22 September 2009 (s 2)
Associations Incorporation Amendment Act 2009 A2009-27
notified LR 9 September 2009
s 1, s 2 commenced 9 September 2009 (LA s 75 (1))
remainder commenced 10 September 2009 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.3
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.3 commenced 17 December 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2010
(No 2) A2010-30 sch 1 pt 1.2
notified LR 31 August 2010
s 1, s 2 commenced 31 August 2010 (LA s 75 (1))
s 3 commenced 1 September 2010 (s 2 (1))
sch 1 pt 1.2 commenced 28 September 2010 (s 2 (2))
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.2
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.2 commenced 1 March 2011 (s 2)
Justice and Community Safety Legislation Amendment Act 2011
A2011-16 sch 1 pt 1.2
notified LR 17 May 2011
s 1, s 2 commenced 17 May 2011 (LA s 75 (1))
sch 1 pt 1.2 commenced 17 November 2011 (s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2011
(No 2) A2011-27 sch 1 pt 1.1
notified LR 30 August 2011
s 1, s 2 taken to have commenced 29 July 2008 (LA s 75 (2))
sch 1 pt 1.1 commenced 13 September 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.3
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))
sch 3 pt 3.3 commenced 21 September 2011 (s 2 (1))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1
pt 1.4
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.4 commenced 1 March 2012 (s 2 (1) and see Evidence
Act 2011 A2011-12, s 2 and CN2012-4)
Business Names Registration (Transition to Commonwealth) Act