5Registrar of Incorporated Associations

5 Registrar of Incorporated Associations On and from the commencement day, the Registrar of Incorporated Associations established under section 38 of the **Associations Incorporation Act 1981** (as in force immediately before the commencement day) continues in existence under this Act. 6 Register of incorporated associations On and from the commencement day, the register of incorporated associations kept under section 39 of the **Associations Incorporation Act 1981** is taken to be the register of incorporated associations kept under this Act. 7 Incorporated association may operate under old rules (1) Subject to subclauses (2) and (3), an incorporated association may continue to operate under the rules of the association as in force immediately before the commencement day (the ***old rules***) until the rules are altered in accordance with clause 8. (2) While an incorporated association is operating under its old rules, if there is an inconsistency between those rules and any provision of this Act, the provision of this Act prevails except as provided in this Schedule. (3) If the old rules of an incorporated association are the old model rules, the association may only operate under those rules for 12 months after the commencement date or until the rules are altered in accordance with clause 8. (4) If, after the expiry of the period of 12 months commencing on the commencement date, an incorporated association operating under the old model rules has not taken either action referred to in clause 8(2), it is taken to have adopted the model rules under this Act and its old rules are of no effect. (5) If— (a) an incorporated association is operating under its old rules by virtue of subclause (1); and (b) under those old rules there is an office holder of the association, separate to the office of public officer, who has the title of secretary— any reference in this Act to the secretary of an incorporated association is not to be taken as a reference to that office holder. (6) The Registrar may, in writing, approve changes to the composition of the office holders of an incorporated association that would otherwise be contrary to the rules of the association if satisfied those changes are necessary to facilitate the transition of the association from its old rules to rules that comply with this Act. 8 Alteration of old rules (1) For the purposes of this clause, the rules of an incorporated association operating under its old rules are altered when— (a) the association has notified the Registrar in accordance with section 49(7) that it has approved the adoption of the model rules under this Act as its own rules; or (b) the Registrar, subject to subclause (3), has approved the alteration of the association's rules under section 50. (2) Within 12 months after the commencement day, an incorporated association operating under the old model rules must— (a) notify the Registrar in accordance with section 49(7) that it has approved the adoption of the model rules under this Act as its own rules; or (b) apply in accordance with section 50 for the approval of the alteration of its rules. (3) The Registrar must not approve the alteration of the old rules of an incorporated association unless satisfied that all the rules as altered comply with this Act. **Example** The Registrar must be satisfied that the rules make provision for each of the matters specified in Schedule 1 and any other prescribed matter and that any references in the rules to the public officer of the association have been changed to a reference to the secretary. (4) For the purposes of this clause, an alteration, of the rules of an incorporated association, includes the substitution of its old rules with new rules. 9 Public officer of an incorporated association Sch. 4 cl. 9(1) amended by No. 57/2013 s. 3. (1) While an incorporated association is operating under its old rules as provided for in clause 7, a person appointed as the public officer of the association is taken to be the secretary of the association but only for the purposes of this Act. If under those old rules there is an office holder of the association, separate to the public officer, who has the title of secretary, subclause (1) does not operate to deem the public officer to be that office holder. (2) Section 35(3)(b) only applies in relation to a secretary (other than a person who is taken to be the secretary under subclause (1)) of an incorporated association appointed after the commencement day. (3) The authenticity of a document authenticated by the public officer of an incorporated association under section 19(6) of the **Associations Incorporation Act 1981** is not affected. (4) On and from the commencement day, the secretary of an incorporated association (other than the office holder referred to in clause 7(5)(b)) may continue and complete any continuing act or thing commenced by or against the public officer of the association. 10 Statement of purposes The statement of purposes of an incorporated association that, immediately before the commencement day, is included in the register of incorporated associations as the current statement of purposes of the association, is on the commencement day taken to be part of the rules of the association until such time as an alteration of those rules is approved by the Registrar. 11 Financial reporting Despite anything to the contrary in this Act, an incorporated association to which clause 4(1) applies may elect to comply with Part VI of the **Associations Incorporation Act 1981** in relation to the submission to its members of its financial statement for the last financial year of the association ending prior to 30 June 2013 and the giving of that statement to the Registrar. 12 Corresponding provisions To avoid doubt and unless the context demands otherwise, on the commencement day— (a) any application made under a provision of the **Associations Incorporation Act 1981** that, immediately before the commencement day, had not been determined is taken to have been made under the corresponding provision of this Act and may be determined accordingly; (b) any resolution, appointment, notice or anything else made, given or done (however described) by an incorporated association under a provision of the **Associations Incorporation Act 1981** and that is in effect immediately before the commencement day is taken to have been made, given or done under the corresponding provision of this Act; (c) any instrument made, given, issued or served (however described) by the Registrar under a provision of the **Associations Incorporation Act 1981** and that is in force immediately before the commencement day is taken to have been made, given, issued or served by the Registrar under the corresponding provision of this Act. Sch. 5 repealed by No. 50/2014 s. 8(3). ═══════════════ Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 7 December 2011* *Legislative Council: 29 March 2012* The long title for the Bill for this Act was "A Bill for an Act to re-enact the law providing for the incorporation of voluntary associations and the registration of other bodies as incorporated associations and to make provision for the corporate governance, financial accountability and other matters relating to the rules and membership of those associations, to repeal the **Associations Incorporation Act 1981** and for other purposes." The **Associations Incorporation Reform Act 2012**, No. 20/2012 was assented to on 1 May 2012 and came into operation as follows: Sections 224 and 225 on 2 May 2012: section 2(1); rest of Act on 26 November 2012: Special Gazette (No. 384) 20 November 2012 page 1. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Associations Incorporation Reform Act 2012** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Australian Consumer Law and Fair Trading Act 2012, No. 21/2012** | Assent Date: | 8.5.12 | | Commencement Date: | S. 240(Sch. 7 items 1, 2) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Co-operatives National Law Application Act 2013, No. 9/2013** | Assent Date: | 13.3.13 | | Commencement Date: | S. 42(Sch. 2 item 2) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Consumer Affairs Legislation Amendment Act 2013, No. 57/2013** | Assent Date: | 22.10.13 | | Commencement Date: | S. 3 on 26.11.12: s. 2(2); ss 4, 5 on 23.10.13: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Statute Law Revision Act 2013, No. 70/2013** | Assent Date: | 19.11.13 | | Commencement Date: | S. 3(Sch. 1 item 2) on 1.12.13: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Legal Profession Uniform Law Application Act 2014, No. 17/2014** | Assent Date: | 25.3.14 | | Commencement Date: | S. 160(Sch. 2 item 7) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Fines Reform Act 2014, No. 47/2014** | *Assent Date:* | 1.7.14 | | *Commencement Date:* | S. 248 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Consumer Affairs Legislation Amendment Act 2014, No. 50/2014** | Assent Date: | 12.8.14 | | Commencement Date: | Ss 7, 8, 26 on 13.8.14: s. 2(1); ss 3–6 on 3.11.14: Special Gazette (No. 304) 9.9.14 p. 1 | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Privacy and Data Protection Act 2014, No. 60/2014** | Assent Date: | 2.9.14 | | Commencement Date: | S. 140(Sch. 3 item 3) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Veterans and Other Acts Amendment Act 2015, No. 12/2015** | Assent Date: | 21.4.15 | | Commencement Date: | S. 21(Sch. 1 item 1) on 22.4.15: s. 2(1); ss 19, 20 on 15.6.15: Special Gazette (No. 144) 9.6.15 p. 1 | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Associations Incorporation Reform Amendment (Electronic Transactions) Act 2015, No. 33/2015** | Assent Date: | 25.8.15 | | Commencement Date: | Ss 4-17 on 1.10.15: SG (No. 285) 29.9.15. p. 1 | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Consumer Acts and Other Acts Amendment Act 2016, No. 23/2016** | Assent Date: | 10.5.16 | | Commencement Date: | S. 23 on 30.9.16: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Consumer Acts Amendment Act 2017, No. 13/2017** | Assent Date: | 10.5.17 | | Commencement Date: | Ss 3, 4 on 11.5.17: s. 2(1); ss 5–15 on 1.11.17: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Oaths and Affirmations Act 2018, No. 6/2018** | Assent Date: | 27.2.18 | | Commencement Date: | S. 68(Sch. 2 item 8) on 1.3.19: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Guardianship and Administration Act 2019, No. 13/2019** | Assent Date: | 4.6.19 | | Commencement Date: | S. 221(Sch. 1 item 3) on 1.3.20: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Local Government Act 2020, No. 9/2020** | Assent Date: | 24.3.20 | | Commencement Date: | S. 390(Sch. 1 item 5) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | **Consumer and Other Acts Miscellaneous Amendments Act 2021, No. 1/2021** | Assent Date: | 9.2.21 | | Commencement Date: | Ss 3–5 on 10.3.21: Special Gazette (No. 110) 10.3.21 p. 1 | | Current State: | This information relates only to the provision/s amending the **Associations Incorporation Reform Act 2012** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation This version does not contain amendments that are not yet in operation. 4 Explanatory details No entries at date of publication.