Associations Incorporation Regulation 1999
sec.9CExempt class of incorporated association— Act , ss 59A , 59AA and 59AB
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sec.9C Exempt class of incorporated association— Act , ss 59A , 59AA and 59AB
This section prescribes a class of incorporated association as an exempt class for— section 59A (3) of the Act , definition exempt class ; and section 59AA (4) of the Act , definition exempt class ; and section 59AB (4) of the Act , definition exempt class . The prescribed class of incorporated association is the class made up of each incorporated association that satisfies the criteria mentioned in subsections (3) to (5) . The incorporated association must be a charity registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) . The incorporated association must be in compliance with each of the following requirements under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , chapter 3 , part 3 -2, division 60 — the requirement to give the ACNC commissioner an information statement for a relevant reporting period; if relevant—the requirement to give the ACNC commissioner— a financial report for a relevant reporting period; and an auditor’s report or reviewer’s report for the relevant reporting period; another requirement relevant to a matter mentioned in paragraph (a) or (b) , including any requirement made of the association by the ACNC commissioner. The incorporated association must ensure the association’s state registration number is stated on an information statement mentioned in subsection (4) (a) . Despite subsection (2) , the prescribed class does not include an incorporated association if— under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , section 40 -10, the ACNC commissioner has excluded or removed relevant financial information about the association from the ACNC register; or the association is a member of a reporting group under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , section 60 -95 In this section— ACNC commissioner means the Commissioner of the Australian Charities and Not-for-profits Commission under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) . ACNC register means the Australian Charities and Not-for-profits Register under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) . relevant financial information , about an incorporated association, means information relating to a financial matter in an information statement, financial report, auditor’s report or reviewer’s report the association has given the ACNC commissioner under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , chapter 3 , part 3 -2, division 60 . relevant reporting period means a period equivalent to the incorporated association’s reportable financial year. state registration number , of an incorporated association, means the unique identifying number, however described, stated on the association’s certificate of incorporation. The number is commonly designated by the letters ‘IA’ and known as the ‘IA number’. s 9C ins 2022 SL No. 99 s 5 (sec.9C-ssec.1) This section prescribes a class of incorporated association as an exempt class for— section 59A (3) of the Act , definition exempt class ; and section 59AA (4) of the Act , definition exempt class ; and section 59AB (4) of the Act , definition exempt class . (sec.9C-ssec.2) The prescribed class of incorporated association is the class made up of each incorporated association that satisfies the criteria mentioned in subsections (3) to (5) . (sec.9C-ssec.3) The incorporated association must be a charity registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) . (sec.9C-ssec.4) The incorporated association must be in compliance with each of the following requirements under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , chapter 3 , part 3 -2, division 60 — the requirement to give the ACNC commissioner an information statement for a relevant reporting period; if relevant—the requirement to give the ACNC commissioner— a financial report for a relevant reporting period; and an auditor’s report or reviewer’s report for the relevant reporting period; another requirement relevant to a matter mentioned in paragraph (a) or (b) , including any requirement made of the association by the ACNC commissioner. (sec.9C-ssec.5) The incorporated association must ensure the association’s state registration number is stated on an information statement mentioned in subsection (4) (a) . (sec.9C-ssec.6) Despite subsection (2) , the prescribed class does not include an incorporated association if— under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , section 40 -10, the ACNC commissioner has excluded or removed relevant financial information about the association from the ACNC register; or the association is a member of a reporting group under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , section 60 -95 (sec.9C-ssec.7) In this section— ACNC commissioner means the Commissioner of the Australian Charities and Not-for-profits Commission under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) . ACNC register means the Australian Charities and Not-for-profits Register under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) . relevant financial information , about an incorporated association, means information relating to a financial matter in an information statement, financial report, auditor’s report or reviewer’s report the association has given the ACNC commissioner under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) , chapter 3 , part 3 -2, division 60 . relevant reporting period means a period equivalent to the incorporated association’s reportable financial year. state registration number , of an incorporated association, means the unique identifying number, however described, stated on the association’s certificate of incorporation. The number is commonly designated by the letters ‘IA’ and known as the ‘IA number’.