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. (4) Subsection (1) has effect only for so long as a body is an incorporated association under this Act. Division 2—Declaration of applied Corporations legislation Part 3 of the **Corporations (Ancillary Provisions) Act 2001** provides for the application of provisions of the Corporations Act and Part 3 of the ASIC Act as laws of the State in respect of any matter declared by a law of the State (whether with or without modification) to be an applied Corporations legislation matter for the purposes of that Part in relation to those Commonwealth provisions. 145 Common modifications (1) For the purposes of any matter declared under this Division to be an applied Corporations legislation matter, the following modifications to the text of the Corporations Act apply— (a) a reference to a company or body is to be read as a reference to an incorporated association; (b) a reference to the incorporation of a body is to be read as the incorporation of an association under this Act; (c) a reference to the deregistration of a company is to be read as a reference to the cancellation of incorporation of an association under Division 3 of Part 10 of this Act; (d) a reference to the directors of a company is to be read as a reference to the members of the committee of an incorporated association; (e) a reference to the board of a body corporate is to be read as a reference to the committee of an incorporated association; (f) a reference to the secretary of a company is to be read as a reference to the secretary of an incorporated association; (g) a reference to the principal place of business of a company is to be read as a reference to the registered address of an incorporated association; (h) a reference to a company carrying on business or having a place of business is to be read as a reference to an incorporated association pursuing its purposes; (i) a reference to ASIC is to be read as a reference to the Registrar; (j) a reference to a document in the prescribed form is to be read as a reference to a document in the corresponding form prescribed under the Corporations Act with all necessary modifications; (k) a reference to the Court is to be read as a reference to the Supreme Court; (l) a reference to the lodgment of a document is to be read as a reference to lodgement of a document with the Registrar; (m) a reference to a company's constitution is to be read as a reference to an incorporated association's rules; (n) a reference to a special resolution is to be read as a reference to a special resolution within the meaning of this Act; (o) a reference to an officer of a company is to be read as a reference to an office holder of an incorporated association and, where applicable, a reference to a former officer is a reference to a past office holder of the committee of an incorporated association; (p) a reference to a contributory of a company is to be read as a reference to a member of an incorporated association; (q) a reference to a registered liquidator is to be read as a reference to a person registered as a liquidator under section 1282(2) of the Corporations Act; (r) a reference to a registered company auditor is to be read as a reference to a person permitted to audit the accounts of an incorporated association under this Act; (s) a reference to the Commonwealth is to be read as a reference to the State. (2) For the purposes of any matter declared under this Division to be an applied Corporations legislation matter, a reference in a provision of the Corporations Act to "this Act" is to be read as a reference to— (a) the provisions of the Corporations Act declared to apply to the matter, with the modifications to which the declaration is made subject; and (b) the provisions of the Corporations Act that are taken to apply to the matter by virtue of section 19(1) of the **Corporations (Ancillary Provisions) Act 2001**.