Australian Capital Territory Numbered Acts

ASSOCIATIONS INCORPORATION ACT 1991 (NO. 46 OF 1991)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Associations Incorporation Act 1991.  
   2.      Commencement  
   3.      Interpretation  
   4.      Trade or pecuniary gain—interpretation  

   PART II--ADMINISTRATION REGISTRAR AND DEPUTY REGISTRARS

   5.      (1) For the purposes of this Act, the Minister shall appoint—  
   6.      Acting appointments  
   7.      Registrar a corporation sole  
   8.      Protection and liability of Registrar and other officers  
   9.      Registers  
   10.     Copies of certificates of incorporation  
   11.     Inspection of documents  
   12.     Disposal of documents  
   13.     Defective documents  

   PART III--INCORPORATION GENERALLY

   14.     (1) An association is eligible for incorporation if it—  
   15.     Ineligible associations—incorporation  
   16.     Matters preliminary to incorporation  
   17.     Powers of authorised person  
   18.     (1) An application for the incorporation of an association or proposed association—  
   19.     Certificate of incorporation  
   20.     Date of incorporation  
   21.     Constitution of incorporated associations  
   22.     Corporate identity  
   23.     Property  
   24.     Legal capacity of incorporated associations  
   25.     Restriction of actions  
   26.     Amalgamation of incorporated associations  
   27.     Incorporation of amalgamating associations  
   28.     Effect of incorporation—amalgamated associations  
   29.     Objects  
   30.     Alteration of objects  
   31.     Rules  
   32.     Rules other than model rules  
   33.      Alteration of rules  
   34.      Illegal objects or rules  
   35.      Copies of documents for members  
   36.     Names  
   37.     Reservation of names  
   38.     Change of name  
   39.     Compulsory change of name  
   40.     Effect of change of name  
   41.     Name on association's documents etc.  
   42.     In this Division—  
   43.     Ratification of pre-incorporation contracts  
   44.     Liability of party to contract  
   45.     Substituted contract  
   46.     Substituted rights and liabilities  
   47.     Post-incorporation contracts  
   48.     Relationship between association and members  
   49.     Court's jurisdiction  
   50.     Rules of natural justice  
   51.     Liability of officers and members  
   52.     Property rights  
   53.     Enforcement of rights  
   54.     (1) Where a trust in relation to property held by an incorporated association has come wholly or partly to an end, the association may apply to the court for an order authorising the disposal of all or part of the property as the case requires.  
   55.     Authentication and execution of documents  
   56.     Validity of documents executed under common seal  

   PART IV--MANAGEMENT PUBLIC OFFICER

   57.     (1) An incorporated association shall have a public officer.  
   58.     Inaugural public officer  
   59.     Notice of public officer's appointment or change of address  
   60.     Committee  
   61.     Inaugural committee  
   62.     Notice of changes in committee  
   63.     Disqualification from office  
   64.     Vacancy in office of public officer  
   65.     Disclosure of committee member's interest  
   67.     Register of members  
   68.     First annual general meeting  
   69.     Annual general meetings  
   70.     Special resolutions  

   PART V--ACCOUNTS, AUDIT AND ANNUAL RETURNS

   71.     Accounting records  
   72.     Annual statement of accounts  
   73.     Presentation of statement to members  
   74.     Audit of accounts  
   75.     Auditor's powers and duties  
   76.     Auditor of prescribed associations  
   77.     Auditor's liability  
   78.     Obstruction of auditor  
   79.     Annual returns  
   80.     Lodgment of particulars instead of documents  

   PART VI--TRANSFER OF INCORPORATION INTERPRETATION

   81.     In this Part, unless the contrary intention appears—“company limited by guarantee” and “memorandum” have the same respective meanings as in the Corporations Law.  
   82.     Voluntary transfer of incorporation  
   83.     Cancellation where continued incorporation inappropriate  
   84.     Membership of proposed company  
   85.     Cancellation of incorporation following voluntary transfer  
   86.     Effect of cancellation of incorporation  
   87.     Transfer of land to company  

   PART VII--WINDING UP VOLUNTARY WINDING UP

   88.     An incorporated association may be wound up voluntarily if the association has, by special resolution, resolved that it be wound up.  
   89.     Application for winding up by the court  
   90.     Winding up by the court  
   91.     Application of Corporations Law  
   92.     Property of defunct association  
   93.     Cancellation of incorporation  
   94.     Property of former incorporated association  
   95.     Property vested in Registrar  
   96.     Liability in respect of property vested in Registrar  
   97.     Registrar's power to act for defunct association  
   98.     Records of property vested in Registrar  

   PART VIII--INVESTIGATION OF ASSOCIATION'S AFFAIRS

   99.     Interpretation  
   100.    Secrecy  
   101.    Investigations by Registrar  
   102.    Scope of Registrar's powers  
   103.    Production of association's books  
   104.    Inspection of books held by legal practitioner  
   105.    Liability of person producing books  

   PART IX--OFFENCES AND RELATED MATTERS PROCEEDINGS FOR OFFENCES

   106.    (1) Proceedings for an offence against this Act may be instituted by the Registrar, within the period of 5 years after the offence was committed, or within such further period as the Minister allows.  
   107.    Offences related to inspection of books  
   108.    Offences by officers of associations etc.  
   109.    Offence—trade or pecuniary gain  
   110.    Liability of members  
   111.    Improper use of officer's position  
   112.    Offences by unincorporated bodies  
   113.    False or misleading statements  
   114.    Investment with associations  
   115.    Certificates as evidence  
   116.    Copies or extracts of books as evidence  
   117.    Constructive notice of documents etc.  

   PART X--MISCELLANEOUS NOTICE OF DECISIONS

   118.    (1) Where the Registrar makes a decision—  
   119.    Review by Tribunal  
   120.    Extensions of time for applications etc.  
   121.    Registered office of incorporated association  
   122.    Service of documents  
   123.    Translation of instruments  
   124.    Powers of the court  
   125.    Fees  
   126.    Power to determine fees  
   127.    Regulations  
   128.     Repeal  

   PART XI--TRANSITIONAL AND SAVINGS PROVISIONS

   129.    General savings  
   130.    Legal proceedings  
   131.    Associations incorporated under repealed Act  
   132.    Registers kept under repealed Act  
   133.    Winding up  
   134.    Applications for incorporation  
   135.    Documents to be lodged  
   136.    Statement of objects  
   137.    Change of name  
   138.    Transition—public officer  
   139.    Transition—committee  
   140.    Transition—additional return  
   141.    Transition—rules  
   142.     Transition—annual general meeting  
   143.    Transition—register of members  
           SCHEDULE 1
           SCHEDULE 2