ASSOCIATIONS INCORPORATION ACT 1991 (NO. 46 OF 1991)

Australian Capital Territory Numbered Acts

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ASSOCIATIONS INCORPORATION ACT 1991 (NO. 46 OF 1991) - SECT 3

Interpretation

3. In this Act, unless the contrary intention appears—“accounting records” includes invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry, books and records which record documents of prime entry, and such working papers and documents as are necessary to explain the methods and calculations by which accounts are made up; “annual general meeting”, in relation to an incorporated association, means a meeting of the association held pursuant to section 68 or 69; “annual return” means a statement referred to in paragraph 79 (1) (a); “approved form” means a form approved by the Registrar; “authorised person” means a person authorised to apply for the incorporation of an association or proposed association pursuant to paragraph 16 (a); “banker's books” means—

(a) books of a banking corporation including any documents used in the ordinary business of a banking corporation;

(b) cheques, orders for the payment of money, bills of exchange and promissory notes in the possession or under the control of a banking corporation; and

(c) securities or documents of title to securities in the possession or under the control of a banking corporation whether by way of pledge or otherwise;

“banking corporation” means—

(a) a bank as defined in section 5 of the Banking Act 1959 of the Commonwealth; or

(b) a bank constituted under a law of a State or Territory;

“books” includes any register or other record of information and any accounts or accounting records, however compiled, recorded or stored and any other document;
“certificate of incorporation” means a certificate of incorporation issued pursuant to section 19 or 27 or subsection 38 (3), as the case requires;
“commencement date”, in relation to provisions of this Act other than sections 1 and 2, means the date fixed by the Minister pursuant to subsection 2 (2) or the date ascertained for the commencement of those provisions in accordance with subsection 2 (3), whichever date occurs first;
“committee”, in relation to an association, means the committee of the association established pursuant to subsection 60 (1);
“court” means the Supreme Court or the Magistrates Court;
“determined fee” means the fee determined pursuant to section 125 for the purposes of the provision in which the expression appears;
“financial year”, in relation to an incorporated association, means the period, not exceeding 12 months, fixed by the rules of the association as the financial year of the association for the purposes of this Act;
“inaugural member of a committee” means a person who is, pursuant to section 61, taken to be an inaugural member of the committee of an incorporated association;
“inaugural public officer” means the person who is, pursuant to section 58, taken to be the inaugural public officer of an incorporated association;
“incorporated” means incorporated pursuant to this Act or the repealed Act;
“legal practitioner” means a person who is entitled to practise as a barrister and solicitor, or as a barrister or solicitor, by virtue of the Legal Practitioners Act 1970 or a corresponding law of a State or another Territory;
“member”, in relation to membership of an incorporated association whether as an individual or as a body corporate, includes associate member or any other class of member;
“model rules” means the rules prescribed pursuant to paragraph 127 (1) (a);
“objects”, in relation to an incorporated association, means the objects that are, by virtue of section 29, the objects of the association;
“officer”, in relation to an incorporated association, means—

(a) a member of the committee of the association;

(b) the public officer, secretary, treasurer or executive officer of the association, the holder of any other office of the association (however described) or a person occupying any of the above-mentioned offices, whether validly appointed or not; or

but does not include a patron or the holder of another honorary office of the association if the office does not confer on its incumbent a right to participate in the management of the association's affairs;

“public officer”, in relation to an incorporated association, means the person appointed to be the public officer of the association in accordance with section 57;
“Registrar” means—

(a) subject to paragraph (b), the person holding office as the Registrar of Incorporated Associations under this Act; and

(b) in relation to the exercise of powers and functions conferred or imposed on the Registrar by this Act—the corporation referred to in section 7;

“Registrar of Titles” means the Registrar of Titles appointed under the Real Property Act 1925 ;
“repealed Act” means the Associations Incorporation Act 1953 as in force from time to time before the commencement date;
“reproduction”, in relation to a document, means—

(a) a machine-copy of the document;

(b) a print made from the negative of the document; or

(c) if an image of the document has been stored by means of a computer or by other electronic means—a print-out of the image;

“rules”, in relation to an incorporated association, means the rules that are, by virtue of subsection 31 (1), the rules of the association;
“special resolution” means a resolution passed in accordance with section 70.

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