138Cancellation of incorporation on application

138 Cancellation of incorporation on application

(1) If the Registrar receives an application under section 136, the Registrar must cancel the incorporation of the incorporated association if—

(a) the Registrar is satisfied that the circumstances set out in section 136 exist in relation to the association; and

(b) the Registrar has complied with subsections (2), (3) and (4).

(2) Before cancelling the incorporation of an incorporated association under subsection (1), the Registrar must give notice stating—

(a) that an application for the voluntary cancellation of incorporation of the association has been received by the Registrar; and

(b) unless a person makes a written objection to the cancellation to the Registrar within 28 days after the publication of the notice, the Registrar intends to cancel the incorporation of the association.

S. 138(3) amended by No. 33/2015 s. 15.

(3) The notice must be published in the Government Gazette and on an Internet website maintained by the Registrar.

(4) If, within 28 days after the publication of the notice, the Registrar receives a written objection to the cancellation of incorporation, the Registrar must not cancel the incorporation unless the Registrar is satisfied, after making further inquiries, that the circumstances set out in section 136 exist in relation to the association.

(5) If the incorporation of an association is cancelled under subsection (1), the Registrar must—

(a) notify the applicant in writing that the incorporation of the association has been cancelled; and

(b) include in the notification the date on which the cancellation took effect.