67Enforcement of rules

67 Enforcement of rules (1) An incorporated association, a member of an incorporated association or the Registrar may apply to the Magistrates' Court for an order under subsection (2). (2) The Magistrates' Court may make an order— (a) giving directions for the performance and observance of the rules of an incorporated association by a person who is under an obligation to perform or observe those rules; or (b) restraining an incorporated association from doing an act that is outside the scope of its purposes; or (c) declaring and enforcing the rights or obligations of— (i) members of an incorporated association between themselves; or (ii) an incorporated association and any of its members between themselves. (3) An order may be made under subsection (2) whether or not a right of a proprietary nature is involved and whether or not the applicant has an interest in the property of the incorporated association. (4) The Magistrates' Court may refuse to make an order on the application or may make an order for costs against a party, whether successful or not, if it is of opinion that— (a) the issue raised in the application is trivial; or (b) it was unreasonable to make the application having regard to any one or more of the following— (i) the importance of the issue; (ii) the nature of the incorporated association; (iii) the availability of any other method of resolving the issue; (iv) the costs involved; (v) the lapse of time; (vi) acquiescence; (vii) any other relevant circumstance; or (c) the unreasonable or improper conduct of a party has been responsible for the making of the application, or has added to the cost of the proceedings. (4) The Registrar may make an application to the Magistrates' Court under subsection (1) only if the Registrar is satisfied that it is in the public interest to do so.