143Reinstatement of cancelled association by Supreme Court

143 Reinstatement of cancelled association by Supreme Court

(1) A person who is aggrieved by the cancellation of the incorporation of an association may, at any time within 15 years after the cancellation, apply to the Supreme Court for an order to reinstate the incorporation of the association.

(2) On the application made by a person under subsection (1), the Supreme Court may, if satisfied that it is just that the incorporation of the association be reinstated, order the Registrar to reinstate the incorporation of the association.

(3) The order may be subject to any directions and conditions the Supreme Court thinks fit including directions in relation to the transfer back to the association of property vested in the Registrar under section 140.

(4) On the reinstatement of the incorporation of the association the incorporated association is taken to have continued in existence as if its incorporation had not been cancelled.

Part 11—Corporations legislation

Division 1—Exclusion from Corporations legislation

144 Incorporated association excluded from Corporations legislation

(1) An incorporated association is declared to be an excluded matter for the purposes of section 5F of the Corporations Act in relation to the whole of the Corporations legislation other than to the extent referred to in subsection (2).

(2) Subsection (1) does not apply—

(a) if the incorporated association is a company under the Corporations Act—to the extent necessary for an association to be deregistered as a company under that Act;

(b) if the incorporated association is authorised or directed under Part 8 to become registered as a company under that Act—to the extent necessary for an association to be registered as a company under Chapter 5B of that Act;

(c) for the purposes of Division 5 of Part 5.7B of the Corporations Act and in respect of the definition of corporation applying for the purposes of that Division.

This section ensures that neither the Corporations Act nor Part 3 of the ASIC Act will apply in relation to an incorporated association, other than as provided in subsection (2). Section 5F of the Corporations Act provides that if a State law declares a matter to be an excluded matter in relation to the whole of the Corporations legislation other than to a specified extent, then that legislation will not apply, except to the specified extent, in relation to that matter in the State concerned. However, other provisions of this Part apply certain provisions of the Corporations legislation to incorporated associations as laws of this State.

(3) Subsection (1) extends to a company within the meaning of the Corporations Act as soon as it becomes an incorporated association under this Act.