Australian Capital Territory Numbered Acts

ASSOCIATIONS INCORPORATION ACT 1991 (NO. 46 OF 1991) - SECT 83

83. (1) Where the Registrar is satisfied that the continued incorporation of an association under this Act would be inappropriate or inconvenient because of the Registrar's assessment of—

        (a)     the scale or nature of the activities of the association;

        (b)     the value or nature of the property of the association; or

        (c)     the extent or nature of the association's dealings with persons who are not members or applicants for membership of the association;

the Registrar may—

        (d)     serve a notice on the association; and

        (e)     publish a notice in relation to the association in a newspaper circulating generally within the Territory.

(2) A notice referred to in paragraphs (1) (d) and (e) shall—

        (a)     contain a statement to the effect that the incorporation of the association will be cancelled in accordance with this section unless, within 2 months of the date on which the notice was served or published, whichever is the later, the association—

              (i)     obtains the Registrar's permission to apply for registration of the association under the Corporations Law as a company limited by guarantee; or

              (ii)     by special resolution, resolves to implement an arrangement that, if approved of by the Registrar, will preserve the continued incorporation of the association under this Act; and

        (b)     set out the ground or grounds for the proposed cancellation.

(3) The Registrar may, if satisfied upon application in writing by an association, extend the period for compliance with a notice referred to in subsection (2).

(4) The Registrar may approve of an arrangement referred to in subparagraph (2) (a) (ii) if satisfied that, subject to being implemented to the satisfaction of the Registrar, it will preserve the continued incorporation of the association under this Act.

(5) In considering an arrangement referred to in subparagraph (2) (a) (ii), the Registrar may make the arrangement subject to conditions that, if properly observed by the association, will preserve the continued incorporation of the association under this Act.

(6) Where an association—

        (a)     has not complied with either of the requirements of a notice referred to in subsection (2); or

        (b)     has not implemented an arrangement as approved by the Registrar;

the Registrar may—

        (c)     serve a further notice on the association; and

        (d)     publish a further notice in relation to the association in a newspaper circulating generally within the Territory.

(7) A notice referred to in paragraphs (6) (c) and (d) shall—

        (a)     contain a statement to the effect that the incorporation of the association will be cancelled by notice in the Gazette , unless within 1 month after the date on which the notice was served or published, whichever is the later, the association shows cause why the incorporation of the association should not be cancelled by the Registrar; and

        (b)     set out the ground or grounds for the proposed cancellation.

(8) Where the Registrar has, in accordance with subsection (6), served a notice on an incorporate association and published a notice in relation to the association the Registrar may, on the expiration of the period of 1 month referred to in the notice, by notice in the Gazette cancel the incorporation of the association unless the Registrar is satisfied within that period that the continued incorporation of the association under this Act would not be inappropriate or inconvenient.

(9) The provisions of Part VII relevant to and in relation to the cancellation of the incorporation of an association under that Part are applicable, according to their tenor, to and in relation to the cancellation of the incorporation of an association in accordance with this section.