NSWIn ForceAct
Associations Incorporation Act 2009
25Provisions of model constitution apply if adopted or if matter not addressed
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#### 25 Provisions of model constitution apply if adopted or if matter not addressed
25 Provisions of model constitution apply if adopted or if matter not addressed
> > (1) If an association’s constitution adopts all the provisions of the model constitution without modification (either by reference or by reproducing the provisions), the provisions are taken to be the association’s constitution.
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> > (2) If an association’s constitution fails to address a matter referred to in Schedule 1, the provisions of the model constitution with respect to the matter are taken to be part of the association’s constitution.
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> > (3) The provisions that are taken to be, or that are taken to be part of, an association’s constitution under this section apply as in force for the time being.
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> > (4) Accordingly, an amendment to those provisions changes the association’s constitution without—
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> > > (a) any special resolution by the association to change its constitution or any application to the Secretary under section 10, or
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> > > (b) any registration of the change by the Secretary under section 12, or
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> > > (c) any other action by or on behalf of the association or its members or by or on behalf of the Secretary.
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> > (5) To avoid doubt, this section does not limit the way in which an association’s constitution may address a matter referred to in Schedule 1.
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> > (6) A provision of an association’s constitution is of no effect to the extent to which it is contrary to this or any other Act or law.
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> **s 25:** Subst 2016 No 1, Sch 1 \[9\].